An affidavit of non-prosecution in domestic violence in Texas

Domestic violence is a serious responsibility that also has the same serious consequences - several criminals in Texas should be punished. However, these allegations have also been used as weapons for hostile divorce or other unstable family situations. In addition, if the police are called to the scene and suspect that the body is hurt, a domestic violence allegation may occur. In all of these cases, allegations can and often move forward, regardless of whether there is a victim's agreement.

Chapter 71 of the Texas Health and Safety Act defines domestic violence as any act designed to cause bodily harm or bodily harm to a family member. Family members include:

•blood relation
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  • important relatives
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  • Adoptive parents
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  • Stepparents
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  • Stepchildren and step brothers
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  • the same child's biological or legal parent
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  • ex-wife and ex-husband
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  • Current or former simultaneous residents of the same residence

Since members of family law do not always get along, it is important to determine the difference between natural and family attacks. Natural conflicts can involve yelling, swearing, slight physical contact, such as a slight push and what is thrown in the argument. Domestic attacks are aimed at serious abuses that lead to infringements such as quarrels, sprains, strains and fractures. A minor allegation of violence and accusations of family members without practical reasons may lead to the plaintiff's perjury.

Domestic violence allegations are not necessarily the result of allegations by victims or family members. Texas has a zero tolerance policy for domestic attacks. This means that if the police are accused of domestic violence and may have reason to believe that the crime has occurred, they can arrest the victim's request or permission.

In addition to the zero-tolerance policy, Texas has a refusal policy - which means that national criminals can decide whether and when to criminalize a defendant in a domestic violence case, even if it is against the so-called victim's will . For example, if the quarrel between a married couple is out of control, the police are called by the other party, the police alleged that the husband may be violent to the wife, the husband can still go to court and despite the rejection, in fact, his wife does not want to file charges .

The only legal action that the alleged victim of domestic violence can make is to file an affidavit of non-prosecution. This officially recorded the willingness of the accused victim not to pursue the allegations against the defender. However, in Texas, the victim cannot make a choice - although the affidavit may be a persuasive factor in the prosecution's decision to give up or hunt down.

The lack of victim choice in these situations may put pressure on already turbulent situations. An experienced Texas Domestic Violence Attorney can work on behalf of the defendant to combat allegations or to assist a defendant who is unwilling to file an allegation against a non-prosecution oath and other prosecution persuasion measures.

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Orignal From: An affidavit of non-prosecution in domestic violence in Texas