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DO I HAVE TO GO TO TRIAL IN TEXAS?

When Your Spouse Calls the Police and Reports Domestic Violence in Texas

 Posted on March 22, 2024 in Family Violence

TX defense lawyerYou and your husband or wife got into a heated argument. It was the worst fight you have ever had. One or both of you was yelling or screaming. Whether or not there was any actual domestic violence involved, your neighbor overheard the dispute and called the police. Now there are police officers in your house, and they are separating you and your spouse to question both of you. You do not know what your spouse is going to say. Or, maybe it was your spouse who called the police and claimed that you assaulted him or her, and you know that the police are going to arrive soon. The best thing you can do is contact a Collin County criminal defense attorney as soon as you have the opportunity.

What Not to Do When the Police Are Called for Domestic Violence 

Knowing what not to do is just as important as knowing what to do. If the police respond or will respond to a domestic violence call, do not:

  • Attempt to interfere with your spouse making the call - Do not attempt to take the phone away from your spouse or otherwise try to prevent them from making or completing their 911 call. Interfering with a 911 call is a criminal offense and may make you look guilty of domestic violence. 
  • Flee the home - You might be tempted to flee the home as soon as you know the police are coming or have arrived. This may be a big mistake and could lead to charges for fleeing arrest. It also deprives you of the ability to start legally defending yourself and increases the odds that you will be arrested. 
  • Resist arrest - If the police decide to arrest you, do not resist, even if you are innocent. You could be convicted of resisting arrest even if you are shown to be innocent of family violence. 

Steps to Take When the Police Respond to a Domestic Dispute 

When the police arrive at your home in response to a domestic dispute, you should:

  • Remain calm - Even if you were the victim, yelling and displaying strong emotions may cause the police to think you are “out of control” and may have been the aggressor. 
  • Demand an attorney - If the police are accusing you of domestic assault and have detained you for questioning, you have the right to refuse to answer any questions until your lawyer arrives. You may be taken into custody, but it is best to remain silent until an attorney gets there to help you. 

Contact a Frisco, TX, Family Violence Defense Lawyer 

Law Offices of Biederman & Burleson P.L.L.C.’s Collin County domestic violence defense attorneys have more than 25 years of experience representing people who have been charged with family violence offenses. We will do all we can to help you after you get arrested for domestic violence. Contact us at 469-333-3333 for a complimentary consultation as soon as you have the opportunity.

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