Can the Victim Drop Domestic Violence Charges in Texas? (Affidavits of Non-Prosecution)
It’s one of the most common questions in any Bexar County Assault & Domestic Violence case, and it comes from both sides: can the alleged victim just drop the charges? The honest answer is more complicated than a simple yes or no. In Texas, the complaining witness does not have the legal authority to unilaterally end a criminal case — but there is a real, formal tool that can influence what happens next, called an Affidavit of Non-Prosecution.
Why the Complaining Witness Can’t Simply “Drop” Charges
In Texas, a criminal charge is brought by the State — the case is styled “The State of Texas v.” the defendant, not the complaining witness against the defendant. Once police make an arrest and a case is filed, it belongs to the prosecutor’s office, not to the person who was allegedly harmed. That means even if the complaining witness changes her mind entirely, stops cooperating, and tells the prosecutor directly that she wants the case to go away, the prosecutor still has full legal authority to continue the case if they believe they have enough evidence to do so.
What an Affidavit of Non-Prosecution Actually Is
An Affidavit of Non-Prosecution, often called an ANP, is a formal, sworn, and typically notarized written statement from the complaining witness, expressing that she does not wish for the State to pursue the case and does not intend to cooperate further with the prosecution. It’s a real legal document with real weight — but it is a request the prosecutor can consider, not an order the prosecutor has to follow.
People choose to sign an ANP for a range of reasons: a genuine reconciliation, a belief that the incident was a misunderstanding or was blown out of proportion, financial dependence on the defendant, fear of what continued prosecution will do to a family, or fear of retaliation. Whatever the reason, the affidavit itself doesn’t decide the outcome of the case — the prosecutor does.
What Actually Happens After an ANP Is Filed
The Prosecutor Weighs It, But Isn’t Bound By It
A prosecutor reviewing an ANP will typically consider it alongside everything else in the file: the strength of the physical evidence, whether there’s independent corroboration beyond the complaining witness’s testimony (911 call recordings, body camera footage, photographs, medical records, witness statements), the defendant’s criminal history, and the severity of the allegation. In a misdemeanor case built largely on the complaining witness’s own account, with no independent corroborating evidence, an ANP can meaningfully increase the odds of a dismissal. In a felony case supported by strong independent evidence, a prosecutor may proceed with the case even with a signed ANP in file, sometimes by subpoenaing the complaining witness to testify regardless of her stated wishes.
It Can Still Matter Even Without a Dismissal
Here’s something worth understanding that goes beyond the simple “it doesn’t guarantee dismissal” answer: even in a case that proceeds to trial, a signed ANP doesn’t disappear from relevance. If the complaining witness later testifies in a way that’s inconsistent with what she swore to in the affidavit, that inconsistency becomes something defense counsel can use to challenge her credibility in front of the judge or jury. Prosecutors are aware of this risk, which is part of why an ANP can shape a case’s trajectory even when it doesn’t produce an immediate dismissal.
What Bexar County’s Own Numbers Show
It’s worth knowing the real numbers here, because they say something meaningful about how these cases actually resolve locally. According to Bexar County District Attorney’s Office records obtained by KSAT Investigates, the dismissal rate for misdemeanor family violence cases in Bexar County reached 80% before dipping to roughly 75% in early 2024, with a reported 79% dismissal rate for 2023 overall. District Attorney Joe Gonzales publicly acknowledged the figure and announced changes to how the office reviews these cases going forward, including a more thorough intake review process.
It’s important to be precise about what this figure does and doesn’t show: it reflects the outcome of the DA’s full case review process, weighing all the evidence in each file — an ANP is one factor among several that can contribute to a dismissal, not proof by itself that ANPs are driving this rate. But it does confirm something real: a substantial share of misdemeanor family violence cases filed in Bexar County do not proceed to conviction, and case-specific factors, including the complaining witness’s cooperation, are part of that picture.
A Word of Caution: How an ANP Is Obtained Matters
If you’re facing charges and hoping the complaining witness will sign an ANP, how that document comes about matters enormously. A complaining witness has the right to decide, entirely on her own, whether to seek out or sign an ANP — she is never required to sign one, and neither the defendant nor his family or friends should attempt to pressure, coerce, or persuade her to do so. Prosecutors are specifically alert to this dynamic in family violence cases, and if there’s any indication a complaining witness was pressured into signing, that can create serious additional legal exposure for the defendant, separate and apart from the original charge. If an ANP is genuinely something the complaining witness wants to pursue, the appropriate path is for her to reach out to the prosecutor’s office or a victim’s services coordinator directly, or for defense counsel to receive it through proper channels — not for the defendant to solicit it personally.
What This Means for Your Bexar County Case
If you’re facing an Assault & Domestic Violence charge and the complaining witness has indicated she wants the case to go away, that’s genuinely relevant information — but it’s not the end of the story, and it’s not something to navigate informally. An experienced criminal defense attorney can make sure any ANP is handled properly, evaluate what the actual evidence in your case looks like independent of the complaining witness’s cooperation, and build a defense strategy that doesn’t depend entirely on the case being dropped.
Frequently Asked Questions
Q: If the alleged victim doesn’t want to press charges, will the case automatically go away?
A: No. In Texas, only the prosecutor has the authority to dismiss a criminal case. The complaining witness’s wishes are a factor the prosecutor may consider, but not a decision they’re required to follow.
Q: What is an Affidavit of Non-Prosecution?
A: It’s a formal, sworn, typically notarized statement from the complaining witness stating that she does not wish to pursue the case or cooperate further with prosecution. It can influence the prosecutor’s decision but doesn’t guarantee dismissal.
Q: Does signing an ANP mean the case will definitely be dropped?
A: No. The prosecutor still has to weigh the affidavit against the rest of the evidence, including any independent corroboration like 911 calls, photographs, or medical records. Some cases are dismissed after an ANP is filed; others proceed regardless.
Q: Can I ask the complaining witness to sign an ANP myself?
A: This is genuinely risky and should be avoided. Pressuring or soliciting a complaining witness to sign an ANP can create separate legal exposure for the defendant. If an ANP is something she wants to pursue, it should go through the prosecutor’s office, a victim’s services coordinator, or defense counsel through proper channels.
Q: How often do family violence cases actually get dismissed in Bexar County?
A: Bexar County District Attorney’s Office records show a misdemeanor family violence dismissal rate of roughly 79% for 2023, though this reflects the full case review process, not the effect of ANPs alone. The DA’s office has since announced changes to its case review procedures.
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Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
Division: Criminal Defense San Antonio
Practice Area: Misdemeanors
Focus Area: Assault & Domestic Violence
