How To Get Domestic Violence Charges Dismissed: Affidavits of Non Prosecution (2021)

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An Affidavit of Non-Prosecution is a form that can be filled out by an alleged victim that gives this person the opportunity to either express their desire that the case not be prosecuted OR to provide specific information/evidence regarding what took place that provides a full picture of what actually took place between the parties.


The Affidavit of Non-Prosecution is a piece of evidence as useful as the police report. There can be many reasons why an alleged victim may feel it is necessary to give an affidavit of non-prosecution:


• The Alleged Victim Was Intoxicated – if the alleged victim was intoxicated at the time, the statements provided at the time the witness was intoxicated and emotional may be an unfair representation of what happened. As a result, it is important that the witness give an accurate statement explaining what they know to be the truth.


• The Alleged Victim was Emotional – it is human nature for an angry, frustrated or hyper-emotional person to perceive events in a manner that does not accurately reflect what took place. For example, how many people have regretted saying something when they were angry and later realized they did not mean what they said and needed to clarify what they meant?



• The Police Influenced the Alleged Victim’s Written or Oral Statement – many times, police are trained to ask leading questions to alleged victims to guide them to giving statements that provide probable cause for an arrest. An alleged victim may already be emotionally sensitive because of what has taken place and allows them to become an easy target for the police to manipulate them to provide information that may not accurately reflect what happened.


For instance, I recently had a case where my client’s girlfriend admitted she had been drinking and she was extremely angry because she thought he had been cheating on him and she overreacted to what happened. It was critical that this alleged victim provide a detailed statement through an affidavit of non-prosecution that not only established that she did not want to prosecute but outlined the facts establishing my client’s innocence.


After providing an Affidavit of Non-Prosecution, this new piece of evidence can be used to present to a Grand Jury on Felony Domestic Violence cases to potentially no-bill the case. Alternatively, the Affidavit of Non Prosecution can be presented to a prosecutor on a misdemeanor charge to create leverage to resolve the case in a way that will allow the client to have the case eligible to be expunged from their record.


If you have questions about Affidavit’s of Non-Prosecution and how they apply to your Domestic Violence case, Call the Hampton Law Firm at 817-877-5200 and we will be happy to listen to your unique story and give you a free case analysis to help you develop a clear plan of action of how to win your case.



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