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Factors that contribute to wrongful domestic assault charges

Wrongful allegations of domestic assault can destroy a person's relationships, reputation and criminal record. Unfortunately, they can and do happen.

Below are a few reasons why people can be wrongfully arrested and charged with this type of crime. 

Identifying the violent party can be subjective

In general, police responding to a domestic call will get at least a couple different versions of what happened.

They will look at a several factors to determine which party is likely the violent party. This includes physical size, appearance of injuries, the stories of each party and the demeanor of each party. Because of this, men are typically seen as the aggressors, even when that is not the case.

Police have a duty to protect the alleged victim

Police are required to make a written report of a violence incident. However, Texas is not a state with mandatory arrest laws for domestic violence. In other words, police do not have to make an arrest, but they typically will in an effort to protect the alleged victim. 

In accordance with Texas state laws, police are required to provide maximum protection to victims of family violence. This could involve making arrests, staying with alleged victims after a violent incident and enforcing protective orders.

Getting upset at the police is only going to make things worse

Considering how much of an arrest is based on an officer's assessment of the immediate situation, getting angry, being violent with officers and making threats is not going to do anyone any favors.

While it can be very difficult, staying calm is crucial, especially if the allegations against you are false. Stay calm and remember your rights to contact an attorney.

Avoiding a violent crime conviction

Any type of criminal conviction has the potential to destroy your life. However, violent crimes are unique in that they can also jeopardize your parental rights, rights to own a gun and even your employment opportunities.

Considering all that is at stake and how often people are wrongfully arrested for domestic assault, it can be crucial that you protect your rights and your future by defending yourself against violent crime charges with the help of an experienced attorney.

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