How Texas “No-Drop” Domestic Violence Policies Work?

If you are facing accusations of domestic violence, you may wonder how Texas “no-drop” domestic violence policies work. In Texas, domestic violence is considered a public safety issue instead of a one-off incident between the affected parties. No-drop policies allow for the continued prosecution of offenders even if the initial accuser is unwilling to cooperate with the investigation.

Hire a Domestic Violence Lawyer

Being charged with a criminal offense can have lasting consequences. You may have difficulty finding available housing, be denied employment opportunities, or face challenges when applying for educational or scholarship opportunities. Domestic violence charges have additional consequences for your personal and professional image. If you are facing domestic violence charges, hire a domestic violence lawyer at Segura & Kiatta.

Domestic Violence in Texas

The Texas Family Code uses the terms family violence and dating violence to describe acts of domestic violence. Family violence includes acts of harm, injury, assault, or sexual assault perpetrated by one family or household member against another family or household member. Dating violence extends these relationships to include individuals in romantic or intimate relationships.

Domestic violence is a serious problem in Texas and throughout the United States. The Texas Advocacy Project estimates that 1 in 3 women and 1 in 4 men experience rape, physical violence, or stalking by an intimate partner during their lifetime. They also estimate that 1 in 3 Texans experiences domestic violence during their lifetime. The highest rates of domestic violence occur against women aged 16 to 24.

In Texas, the Texas Council on Family Violence looked at fatality rates related to domestic violence in 2023. There was a total of 221 domestic violence-related deaths, including:

• 179 female victims
• 26 male victims
• 16 family, friends, or bystander victims
• 4 children

In total, 64 counties experienced at least one domestic violence-related fatality. The vast majority of fatalities, 142, were committed with a firearm. Of the victims, 72% were killed in their own homes. The counties with the highest fatality rates include:

• Harris County, with 38 fatalities
• Dallas County, with 26 fatalities
• Bexar County, with 14 fatalities
• Tarrant County, with 8 fatalities
• Travis County, with 6 fatalities
• Hidalgo County, with 6 fatalities

Why No-Drop Policies Are Necessary

Unlike other types of interpersonal crimes, victims of domestic violence always know their attacker and often live together with them. These unique circumstances affect the victim’s willingness to cooperate with the prosecution. As such, victims often do not want to press charges because of:

• Fear of retaliation
• Fear of escalation
• Manipulation by the abuser
• Normalization of the abuse
• Shame or low self-esteem
• Intimidation through physical or verbal threats
• Financial difficulties
• Lack of resources
• Weak support system
• Children or pets
• Cultural influences
• Genuine love and care for the other person

Benefits of No-Drop Policies

No-drop policies allow for the prosecution of those accused of domestic violence even if the victim is unwilling to cooperate with the prosecution. Without the testimony of the victim, prosecutors must rely on other types of evidence to secure a conviction, including witness testimony, police reports, and photographic or video evidence.

If there is insufficient evidence to charge the accused, there are still benefits and possible satisfactory outcomes. Prosecutors may be able to create a line of communication with the victim, providing support and increasing the chances of future cooperation. It can also be beneficial to create a paper trail of similar behaviors by the abuser.

Abuses of No-Drop Policies

Although the creation of no-drop policies was designed to help victims of domestic violence, there is also potential for misuse of the policies. Domestic violence accusations can have devastating consequences, even if they are later dismissed. The damage to personal and professional relationships can have lasting consequences. As such, there are times when no-drop policies are intentionally or mistakenly abused, including:

• As a tool during a divorce or child custody battle
• Revenge by a current or former partner
• Punishment against a family member
• A misunderstanding of an otherwise harmless interaction by a bystander

FAQs

What Type of Lawyer Do I Need for a Domestic Violence Charge?

If you are accused of domestic violence, you need a domestic violence lawyer to review your case. Domestic violence attorneys are a type of criminal defense attorney with knowledge of area-specific domestic violence laws and case precedents. A domestic violence attorney can ensure that you understand the charges brought against you and help present an appropriate defense.

How Much Do Lawyers Charge for a Domestic Violence Case?

Several factors can influence how much a criminal defense attorney charges for a domestic violence case. The final charges will be affected if the domestic violence charges are unusual or complex, if the case goes to trial, and if the charges are for a misdemeanor or a felony. Some attorneys may charge a flat rate, while others charge hourly. You may also be expected to pay a retainer fee at the beginning of your case before work can begin.

Why Do Most Domestic Violence Cases Get Dismissed?

There is no singular specific reason why domestic violence cases get dismissed, but there are several common factors to consider. Dismissals for lack of evidence may involve insufficient physical evidence, eyewitness testimony, or conflicting evidence. Dismissals due to an uncooperative victim may occur if the alleged victim does not appear on the court date. Dismissals due to procedural issues may include procedural errors, false allegations, or simple misunderstandings.

What Is the Law Concerning “No-Drop” Policies in Texas?

There are no laws requiring counties in Texas to adopt No-Drop policies concerning domestic violence. However, many counties have adopted the practice to combat domestic violence in the state. Texas views domestic violence incidents as a type of public safety issue, making it necessary for the state to decide whether charges should be filed following a domestic violence incident.

Contact Segura & Kiatta

With over 20 years of experience in criminal defense cases, Segura & Kiatta has represented thousands of residents in Fort Bend and Harris Counties. Criminal charges can have long-lasting consequences with severe penalties. Domestic violence cases require a strong defense from a qualified criminal defense attorney. Our team can help negotiate for a plea agreement or reduced charges, or litigate the charges in court. Contact us today for a confidential consultation.