Does Texas Have A Mandatory Arrest Policy For Domestic Violence?

 Posted on August 10, 2021 in Criminal Defense

Domestic disturbances are a major concern for jurisdictions across the country and in the great state of Texas. The reason is an argument could escalate, turn into a fight, and become something worse. In fact, approximately one out of five murder victims in the U.S. were killed by an intimate partner. Needless to say, the concern about domestic violence is real, but how states require police to address it varies. 

Mandatory Arrest Policy

When police officers investigate domestic disturbances, they generally start by separating the parties involved and conducting a preliminary interview. It may feel like an invasive process given that they ask about intimate and sometimes embarrassing details about your life. The goal, however, is to see if there was physical contact. Now, this is where states may differ. 

Some states have a mandatory arrest policy if physical contact was made. Physical contact could be something a simple as a shove or something more severe as a kick or punch. Either way, the officer is required by law to arrest the aggressor. While the purpose of a mandatory arrest policy is to stop one party from hurting the other further, it also forces a cool-down period so things do not escalate. 

Texas, however, does not have a mandatory arrest policy in cases of domestic violence. State law leaves the decision up to the officers on the scene. 

Domestic Violence

The Texas Penal Code, domestic violence is classified as a type of assault against a person with whom you have a domestic relationship. “Domestic relationship” has a broad definition under the law. Legally speaking, a domestic relationship can be defined by the type of relationship or living arrangements. A domestic relationship may include:

• A family member by blood, marriage or adoptions

• Current or former spouse or romantic partner

• A member of the same household like a roommate

• A son or daughter by blood, marriage, or adoption

• And, a foster child or foster parent. 

Additionally, domestic violence takes many forms. It is not limited to a parent hitting a child or husband striking a wife. It could be any combination like wife hitting a husband, nephew striking an uncle, or son striking a mother. 

Call a Collin County Criminal Defense Lawyer 

If you have been arrested for domestic violence or a related charge, contact an experienced Texas domestic violence attorney today. At the Law Offices of Biederman & Burleson P.L.L.C., our lawyers understand that there are two sides to every story. We can help you defend yourself against domestic violence charges. Call for a free consultation at 469-333-3333.

Source:

https://statutes.capitol.texas.gov/SOTWDocs/CR/htm/CR.5.htm

https://leg.mt.gov/content/Committees/Interim/2017-2018/Law-and-Justice/Meetings/July-2018/Exhibits/LJIC-July16-2018-Ex30.pdf