Affidavit For Domestic Violence Without Consent

State:
Multi-State
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

How to fill out Affidavit By Victim For Dismissal?

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FAQ

While a victim cannot drop domestic violence charges by themselves, they can file an affidavit stating their wishes. In addition, they can recant their statement if they choose to do so. An example of recanting is if you told the police that your spouse hit you, but later want to take that statement back.

Please contact your local law enforcement agency (Sheriff, Police,) to file charges. Your local County or District Attorney has the jurisdiction to prosecute criminal charges.

The no-drop policy is pertinent in domestic violence cases in Texas if a family member wants to get charges dismissed. If you have been charged with an assault and the victim seeks to get the charges dropped, the prosecution will generally not allow this. We occasionally see this scenario in domestic violence cases.

Prosecutors are not concerned with the wishes or needs of the real victim. The ?No Drop? policy requires the case to go to trial even if the real victim wants the charges dismissed. ?No-Drop? means the government will push the case all the way regardless of hardship upon the family.

Many prosecution agencies in California have a strict ?no drop? stance. This indicates that the prosecutor will not dismiss the case even if the victim does not wish to ?file charges.?

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Affidavit For Domestic Violence Without Consent