What You Need to Know About a Family Violence Arrest (Part 1)
Family Violence Charges in Texas
Texas handles violent crimes differently than other offenses. Opportunities for probation are more limited, and prison sentences often require longer service terms before parole eligibility. Unfortunately, law enforcement frequently files these cases with the district attorney’s office—even when valid defenses like self-defense, defense of another, or protection of property exist. These filings can lead to life-changing consequences for the accused.
Immediate Impact of an Arrest
One critical fact to understand is that the moment police are called in a family violence situation, control is lost. Once an allegation is made, an arrest will follow. Being booked into jail is a distressing experience, and the process can escalate quickly.
When appearing before a magistrate, the accused may face an emergency protective order. This order typically outlines specific restrictions and may prevent the accused from returning home after release from jail. It’s important to carefully review and follow the terms of the protective order to avoid additional legal issues.
Protective Orders and Prosecution
An emergency protective order doesn’t always require a request from the accuser. The magistrate or police can issue it even if the alleged victim does not want one in place. Many people mistakenly believe that the accuser can simply drop the charges, but this is not the case.
In family violence cases, the state—through the district attorney’s office and law enforcement—can proceed with prosecution regardless of the accuser’s wishes or an affidavit of non-prosecution. This means the accused must take the case seriously and secure legal representation as soon as possible.
Why Legal Representation is Essential
Facing a family violence charge without legal counsel is risky. The consequences of a conviction can be severe and long-lasting, impacting not only the accused’s criminal record but also family court proceedings and future opportunities.
Hiring an experienced attorney is crucial. Whether it’s M|C Criminal Law or another trusted firm, having someone who will fight for your rights can make all the difference. Legal representation can mean the difference between a conviction and a dismissal.
Take Action Now
If you or a loved one is facing an investigation or charges related to family violence, don’t wait. The sooner you hire an attorney, the more opportunities there are to intervene and build a strong defense.
We at M|C Criminal Law are here to help. Call us today for guidance and support during this challenging time.
