A heated argument at home can change quickly once someone calls 911. In Texas, officers who respond to a possible family violence call must investigate the situation. However, calling 911 does not automatically require an arrest. What officers learn at the scene can determine what happens next.
When can police make an arrest?
Under Texas arrest law, an officer may make a warrantless arrest when there is probable cause to believe a family violence offense has occurred. The officer does not need to witness the alleged offense.
Also, an arrest does not always require proof of a physical injury. Texas assault law covers causing bodily injury. However, it can also cover threatening someone with imminent bodily injury or making certain offensive or provocative physical contact. Therefore, an argument involving threats or unwanted contact could lead to an assault allegation even when nobody has a visible injury.
Still, an angry verbal disagreement alone does not automatically amount to assault. Officers must consider the facts and decide whether probable cause exists.
When can the case continue?
After an arrest, the person who called 911 does not control the criminal case. The State of Texas prosecutes criminal charges. As a result, an alleged victim cannot simply “drop” a charge. Prosecutors can consider that person’s wishes, but they decide whether to continue the case based on the available evidence.
In addition, a magistrate may issue an emergency protective order following an arrest for family violence. The order is legal if the offense involved serious bodily injury or deadly weapon. Depending on its terms, the order can restrict contact and keep the arrested person away from a protected person’s home, workplace or other locations.
When can legal guidance help?
A domestic dispute can create legal consequences that last well beyond the initial 911 call. An arrest, criminal charge or protective order can affect where someone lives and how family members communicate.
Because each case depends on its specific facts, speaking with an attorney may help someone understand the charges and court restrictions. Legal guidance can also help a person avoid actions that could create additional legal problems.
