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Domestic Disputes: When Police Called Someone Gets Arrested

Domestic assault and violence-related charges in Texas are taken very seriously by law enforcement. While this is good public policy as a hopeful deterrent against domestic violence, it also creates complex issues when enforced. Especially when there was no actual domestic assault and a call to the police is made out of anger or retaliation. While there are exceptions to every situation, in almost all domestic dispute cases, when the police are called to the home someone will get arrested.

The Prosecution Will Not Dismiss Charges On the Victim's Say-So

Some couples get in heated verbal arguments. It happens and is not illegal. However, in some situations one person in the argument gets especially upset and decides to involve law enforcement. A threatening "I'm calling the cops" is followed by the arrival of local police. Of course if there has been actual physical violence, any person is urged to call the police. However, when the altercation is solely verbal, calling the police can really complicate the situation. That is because in all likelihood someone will get arrested.

Once a person is arrested, then the prosecution will investigate the police report, facts and determine if charges should be filed. Sometimes they are filed based on the alleged victim's say-so. Unfortunately, even if the accuser wants to recant his or her statement or accusations (for example, they were made out of retaliation or anger), the prosecution will not dismiss charges on that request alone.

There is a lot at stake when someone is facing domestic assault. Just a simple assault class A misdemeanor can result in up to a year in jail. Not to mention the permanent implications on a person's career and even child custody proceedings. Involving the police is truly something reserved for actual violence or threat of violence. False accusations or retaliatory calls to police can really have unintended consequences.

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Houston, TX 77008

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