The allegations of violent assault in the Texas family cause trauma for everyone involved. I represent a lot of good people from good families who have a fight that is getting a little out of hand. Someone calls the police, thinking that the cops will arrive and simply defuse the situation. Instead, the cops make an arrest, a judge issues a protective order separating your family, and you face life-altering consequences in the criminal justice system.
My name is Justin Wilson. I'm a domestic violence lawyer. And I'm here to help. If you've been arrested for domestic violence, here are ten things you and your family should know.
1. Investigation of Domestic Violence
For more information on specific domestic violence allegations, visitClick here.
Arrest for domestic violence is practically mandatory
In recent years, our Texas legislature has accepted a study showing that incidents of domestic violence decrease when two things happen: 1) the "abuser" is arrested; and 2) the "bullyer" completes a Bullyer Prevention and Intervention Program ("BIPP"). Laws have been written and most law enforcement agencies across the state have adopted a policy that once a police officer identifies the offender, he will arrest him. While Texas does not have an official mandatory arrest policy regarding reports of domestic violence, as New York State does, for practical purposes it will if the officer believes that there is a possibility that you are the perpetrator of a domestic disturbance. be arrested.
probable cause
Police officers must determine probable cause before arresting anyone without a warrant. A likely reason for an arrest without a warrant is when:
Facts and circumstances known to the arresting officer and about which he has reasonably reliable information are sufficient for a reasonable person to believe that the arrested person has committed or would commit a crime.
Amateur x Condition, 275 S.W.3d 872, 878 (Tex. Crim. App. 2009).
In the context of the public policy described above, the police seem to have lost track of really establishing probable cause and are simply trying to make an arrest and shift the blame onto someone else. It is one thing to be cautious and arrest a person to prevent further incidents of domestic violence after probable cause has actually been identified. It's another thing to rush in to make an arrest and then wash your hands of the case with an attitude of 'let the lawyers sort this out🇧🇷 An arrest for domestic violence triggers consequences that most people, including law enforcement officers, are simply not aware of.
2. What happens after an arrest for domestic violence?
municipal or municipal jail
After the police officers make a custody arrest, they take the arrested person to their city or county jail. There, the prisoner is booked, fingerprinted, photographed and waits up to 48 hours to be heard by a judge. The judge sets bail and bail conditions that the arrested person must meet while their case is pending in court. Someone has to deposit the security deposit, either in the form of a cash or bond deposit. So, according to the Texas Code of Criminal Procedure,Gentil. 17.29(b)the prosecuting authority will notify the prosecution witness if the detained person is about to be released. After this long process, the prisoner is finally released. But let me warn you: you may get notice of an emergency order protecting bail conditions preventing you from returning home.
Family violence assaults
Texas Code of Criminal Procedure, art.17.291Authorizes the law enforcement agency that arrested a person for assault and family violence to delay that person's release from prison until four hours after posting bail. The judge who sets the bail and bail conditions may delay the prisoner's release for up to 24 hours if the judge believes that there is a possibility of domestic violence shortly after the prisoner's release. And if the judge finds that the person was arrested more than once for domestic violence or another crime involving the use of a lethal weapon in the ten years prior to the arrest, the judge may authorize the arrest to hold the person. Person up to 48 hours after paying the deposit.
3. Emergency Response Order
Domestic Violence Protection Ordinance
Article 17,292The Texas Code of Criminal Procedure authorizes a judge to issue an Emergency Response Order (“EPO”) when an individual is arrested for an assault related to family violence. The judge can issue the EPO even if none of the parties to the proceedings requests it. The other parties that may apply for an EPO are:
- The Author's Witness;
- The plaintiff's witness guardian;
- a peace officer; The
- A Public Prosecutor's Attorney
In general, an EPO is issued on the judge's own initiative or at the request of the complainant witness. But be aware of two things: 1) occasionally, the arresting officer will take it upon themselves to request an EPO; and 2) in most cases, the arresting officer will pressure the complaining witness to request an EPO and mislead him about the consequences of an EPO.
What is a protective measure?
A judge's emergency protection order may prohibit the arrested person from:
- commit an act of violence in the family against the protected person(s)
- Threatening or harassing direct communication with the protected person(s).
- Communicating a threat to the person(s) protected by another person
- Communicate with the protected person(s) other than through a lawyer
- At or near a place of residence, work, school or kindergarten
- firearm possession
How long is a protection order valid for?
If the EPA is issued for a misdemeanor or third degree felony or family assault, it will remain in effect for 31 to 61 days. If the EPO is issued for an assault related to domestic violence using a deadly weapon or aggravated assault, the EPO will remain in effect for 61 to 91 days.
How to revoke a protection order
Emergency Response Orders may be modified pursuant to Section 17.292(j). Your domestic violence attorney may ask the issuing judge to change the emergency protection order. The detained person and the protected person(s) must be notified and heard. After a hearing, the judge can change the EPA to allow the arrested person to return home and communicate directly with the protected person(s), or the judge can remove the EPA altogether. For a protection order amendment request to be effective, the protected person must apply to the EPO for an amendment.
4. Violation of the protective measure
Is it a crime to violate a Texas protective order?
Yes, if the prisoner received the protective order and violates its terms in any way, the prisoner can be charged with a Class A misdemeanor, which carries a penalty of up to one year in prison and a fine of up to $4,000. If the arrested person violates a protective order more than once in a 12-month period, the arrested person can be charged with a third degree felony, which carries a prison sentence of 2 to 10 years and a fine of up to $10,000 .
What happens if the victim fails to comply with the protection order?
NO PERSON, INCLUDING ANY PERSON PROTECTED BY THIS RULE, SHALL AUTHORIZE ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS RULE. DURING THE VALIDITY OF THIS RULE, EACH PROVISION OF THIS RULE SHALL BE IN FULL EFFECT UNLESS THE RULE IS AMENDED BY A COURT.
Art. 17.292(g), Criminal Procedure Code
I see this situation happening all the time. The protected person communicates with the arrested person via text messages, email or phone calls. You can date. And it's okay until it's not. Disagreements or resentments arise. The police are called. And as art. 17.292(g) clarifies that no one may authorize another person to violate any provision of a judge's restraining order.
5. Letter of Habeas Corpus
Emergency response orders aren't the only way a judge can make life difficult for a family while a domestic assault charge is pending. Judges may set a dollar bond that is too high for the inmate's family or friends to pay, or set terms that divide a family. If we need to take your case to another judge to reduce the bail or change the bail terms, we will file a request for a review of the detention.
Collin County Bond Terms
I deal with many cases of domestic violence and have recently noticed a change in practice in Collin County. For those whose bail and bail terms are set by a local judge, the judge will usually issue an emergency shelter order, reasonable bail, and it's very easy for us to change the EPA. And if the judge refuses to change the EPA, it expires in 31 to 61 days and your life can go back to normal.
For those whose bail and terms are being set by the Collin County Magistrate, I see an increasing frequency of the judge issuing bail terms requiring the arrested person to stay away from home and not interact directly with the person(s) (are) protected. to communicate. ) as long as the prisoner is released on bail. He is on bail until his case is resolved. To put that in perspective, prosecutors have up to two years to file a misdemeanor and up to three years to file an assault and family violence charge with the grand jury. In Collin County, it is not uncommon for misdemeanors to take nine to 12 months to resolve, and felonies can take even longer.
Change binding conditions
If you were charged with domestic violence in Collin County and the judge imposed bail terms that prevented you from returning home and contacting your family,contact-me🇧🇷 We may file a detention review order to take your case to a different judge and change these bail terms to allow you to return home and communicate with your family.
6. Texas Attack Rejected or Abandoned Domestic Violence
Based on what we see in movies and TV, many people mistakenly believe that all they have to do is tell the police they don't want to press charges and the case is closed. However, if you've been accused of domestic violence-related assault, the author's witness does not have the authority to drop the charges. Only prosecutors have the authority to file a case.
I have a strong track record of convincing prosecutors to reduce or drop charges. For example, a charge of domestic violence carries a charge of bodily injury that prevents breathing.penalty areaa third-degree felony. If we can convince prosecutors that they cannot prove the airway obstruction element, we can reduce the third-degree felony charge to a class A misdemeanor. Another example would be, suppose we start with a class A misdemeanor charge for family assault and we can convince the prosecutor that the alleged contact was abusive rather than hurtful, then we can reduce the charge to a class misdemeanor Reduce C, which amounts to an excessive fine.
Click hereto learn more about the strategies I use to persuade prosecutors to reduce or drop charges.
Examples of cases of domestic violence that led to my dismissal,Click here.
7. Declaration of non-accusation
estatement of non-accusationplays an important role in reducing or dismissing a domestic violence charge. It's an affidavit in which the plaintiff's witness can tell prosecutors exactly why they don't want the case to go to trial. However, writing a non-prosecution statement does not automatically mean that prosecutors will drop the case. Prosecutors will consider whether they can prove their case without the plaintiff's witness testimony or subpoena the plaintiff's witness despite the statement. An experienced domestic violence attorney can use the statement to convince prosecutors that they cannot prove their case without a cooperative claim witness, and trying to coerce the claim witness to testify against their will is a working plan.
8. Grand Jury Defense Pack
Lastly, if you've been charged with domestic violence-related assault, your case will go to a grand jury. Grand jury proceedings are conducted in secret. A prosecutor or police officer presents evidence supporting the indictment to the twelve grand jury members, and the grand jury members 1) confirm probable cause and issue an indictment; or 2) find that the evidence does not support probable cause and charge a reduced fee or none at all, effectively closing the case.
What is a Grand Jury Defense Package?
While the defense does not have the opportunity to interview witnesses at the grand jury hearing, we do have the opportunity to present a grand jury defense package. The grand jury defense package includes affidavits, attorney letters, personality references, and written legal arguments from your domestic violence attorney. Before the grand jury hears your case, your attorney can prepare and ship the package and possibly close the case.
When Should You Hire a Domestic Violence Lawyer?
Many people accused of a crime involving domestic violence make the mistake of waiting until the case is reported before hiring a lawyer. I strongly recommend hiring a lawyer soon after arrest. This is because your attorney has time to prepare a strong defense package on your behalf and present it to the grand jury. A strong pack can result in a felony without charge or just prosecuted as a misdemeanor. In the case of an invoice without an invoice, you finally have the right to delete your data record. If the grand jury finds your case a misdemeanor, you can take more risks to bring your case to trial without fear of a criminal conviction.
9. Confirmatory finding of domestic violence
Texas Code of Criminal Procedure,up to 42,013Requires a judge to make a positive finding of family violence in the court's written judgment for any crime involving domestic violence. Five words in a court decision may not seem like a big deal, but a positive finding of family violence has important long-term consequences, including:
- Making it illegal to possess or transfer a firearm or ammunition
- Ban volunteering at your children's school
- Texas Penal Code ActivationSection 25.11, which charges a second count of family violence as a third-degree felony, regardless of how minor the charge is
It is extremely important that anyone accused of an assault involving domestic violence do everything in their power to resolve the case without identifying domestic violence.
10. Exclusion of Domestic Violence
There are three different ways to qualify for an exclusion:
- Have your case filed or not invoiced
- Reduce the charge to a Class C Misdemeanor with Deferred Judgment
- Go to trial and win
If you go to court and win, you are immediately entitled to a blackout. With the other two ways, you must wait for the statute of limitations to expire before requesting full deletion. Shorter wait times apply to partial deletion or “wait period” requests.
Once an arrest is overturned, you can legally deny that it took place. As a domestic violence attorney, my goal is to resolve my clients' cases in a way that makes them eligible for exclusion. If you or a loved one have been accused of domestic violence-related assault, please contact meschedule a free consultation🇧🇷 I look forward to helping you and your family get through this time and move forward.