Can the State Go Forward with Prosecution in a Domestic Violence Case Even If the Victim Does Not Want to Press Charges or Cooperate With the State?

If you have been arrested for Domestic Violence in Texas and the alleged victim does not want you to be prosecuted, you may be wondering whether you are off the hook. You may ask yourself – the alleged victim says this never happened so why can’t he or she drop the case? The answer starts with recognizing that the State of Texas is prosecuting, and the case “belongs” to the State of Texas – not the alleged victim. In short, it is up to the prosecutor to decide whether the case will be dropped. This begs the next question; how can the State go forward with a case if there is no victim to testify? The answer to this question is more complex, but ultimately there are several ways for the State to attempt to prove a case without an alleged victim’s testimony.

Video and Audio Recordings

The state can introduce video or audio recordings which seek to prove a person’s guilt. For instance, the state will often start with a 911 call, which is recorded, to try and prove that a person committed an act of domestic violence. Normally these statements would be considered hearsay, however over time, judges have decided that in cases where an individual is calling 911 for “emergency purposes,” the statements they make can be introduced by the prosecution. If an individual makes statements on the recorded 911 call the State may be able to introduce those statements even if the person who made those statements does not want them to.

Another type of statement often included in the State’s case is called a statement by a party opponent. These are statements that an individual makes to parties they are opposed to. In Domestic Violence cases, often these statements are made to the police by an accused, and typically those statements are recorded on officer body camera or dashboard camera. The state can introduce these statements even though an accused has a right not to testify.

Finally, the state can often introduce video or surveillance footage of a potential crime as well as photos taken by police at the scene. Often an alleged victim will consent to have photographs taken by the police after an incident and the State can usually introduce those photos at trial to show that a crime occurred.

A Domestic or Family Violence charge carries with it potentially life altering ramifications. If you are facing these types of serious charges, an attorney experienced in Domestic Violence cases is critical.

Ben Votava is a former prosecutor and former chief of the Domestic Violence Unit at the Collin County District Attorney’s Office.

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