Domestic Violence Arrest Policy in Texas

June 07, 2023

Domestic violence is a serious issue that affects many families across Texas. The state has strict laws and policies in place to protect victims and hold perpetrators accountable.

What is Domestic Violence?

Domestic violence is defined as any act of violence or abuse committed by one person against another in a domestic setting, such as a spouse, partner, or family member. This can include physical, emotional, or sexual abuse, as well as threats or intimidation. Domestic violence is a serious crime in Texas and can result in severe penalties for the perpetrator.

Domestic Violence Arrest Policy in Texas

Under Texas law, police officers are required to make an arrest if they have probable cause to believe that domestic violence has occurred. This means that if a victim reports an incident of domestic violence, the police are required to investigate and make an arrest if they believe that a crime has been committed. In some cases, the police may also issue a protective order to prevent the perpetrator from contacting the victim.

How to Protect Yourself Against Domestic Violence Allegations

If you or someone you know has been accused of domestic violence, it’s important to understand the arrest policy in Texas and your rights under the law.

Here are 10 steps to consider:

1. Stay calm: It is normal to feel overwhelmed and emotional when faced with such an accusation. However, it is important to remain calm and composed to handle the situation effectively.
2. Consult an attorney: Contact a qualified attorney who specializes in domestic violence cases. They will guide you through the legal process, provide advice, and protect your rights. It’s essential to have legal representation to ensure a fair defense.
3. Gather evidence: Collect any evidence that may support your defense. This could include text messages, emails, witnesses, or any other relevant documentation that contradicts the allegations.
4. Maintain communication records: Keep a record of all interactions related to the case, including conversations, emails, or text messages with the accuser, legal professionals, law enforcement, or anyone involved. These records can serve as evidence and provide a clear timeline of events.
5. Comply with legal orders: Follow any court orders or conditions set by law enforcement, such as restraining orders or temporary custody arrangements. Failing to comply with these orders can have serious legal consequences and may weaken your defense.
6. Refrain from contact: Avoid any contact with the accuser unless otherwise instructed by your attorney or authorized by the court. This includes in-person meetings, phone calls, text messages, or social media communication. Contact can be misconstrued and used against you.
7. Be cautious about discussing the case: Refrain from discussing the details of the case with anyone other than your attorney. This includes friends, family members, or acquaintances. Confidentiality is crucial to protect your legal position.
8. Maintain a good support network: Seek emotional support from friends, family, or a counselor. Dealing with such allegations can be emotionally draining, and having a support network can help you cope with the stress.
9. Cooperate with your attorney: Work closely with your attorney, providing them with all the necessary information and answering their questions truthfully. They will build a defense strategy based on the facts and evidence available.
10. Attend all court hearings: Ensure that you attend all scheduled court hearings and follow any instructions given by your attorney. Failing to appear in court can lead to legal complications and negatively impact your case.

If you need assistance with a domestic violence case, contact R. Scott Magee, Attorney at Law for a free consultation. Our team of knowledgeable attorneys can help you navigate the legal system and protect your rights.

Categories: Criminal Defense