What Should I Do If My Spouse Calls the Police on Me?
By Nathaniel Pitoniak on December 28th, 2021 in
What should I do after my spouse called the police on me? Disagreements are unavoidable in marriage. All couples have arguments, and occasional conflict is a normal part of healthy relationships. However, sometimes arguments can intensify and one partner may call the police on the other in order to intervene. In cases where one partner has become violent, calling the police may be necessary. It is important to always contact the police if you feel as if you are in danger, or if your children are in danger. However, there are also many cases where police are unnecessarily involved, which can result in serious consequences. If you are facing criminal charges after your spouse called the police on you, it may be beneficial to seek legal guidance and ensure your legal rights remain protected. Criminal defense lawyer Nathaniel Pitoniak can help you understand your legal options and answer your questions if you are facing a domestic violence offense or another criminal charge. Contact our experienced criminal defense attorneys at our law office today at (832) 315-6283 for your free consultation.
What to Do After Being Charged with Domestic Violence in Houston
A call to the police during a domestic dispute often results in domestic violence charges for one of the involved partners. In some cases, the charges are well-grounded as one partner may show significant signs of physical violence. However, there are also cases where one partner may have been falsely accused of domestic violence. In either situation, the person facing the charges is entitled to legal representation from an experienced domestic violence defense lawyer.
Every circumstance will be unique, however, the following is a brief summary of the various crimes someone may face after their spouse called the police on them in Houston or another part of Texas.
Assault Against a Family Member Charges in Texas
Texas law has specific statutes regarding family violence. Sec. 71.004 of the Texas criminal code outlines the following definition of family violence:
- An act taken by one family member or member of a household against another which is intended to cause physical harm or bodily injury;
- Sexual assault against one family member by another;
- Threats of physical harm, bodily injury, assault, or sexual assault that reasonably places the person in fear of physical harm;
- Abuse by one family member against another child family member;
- Dating violence
A family violence conviction in Texas can result in criminal penalties and other potential consequences, such as losing custody of a child. Due to these serious potential repercussions, those charged with family violence may benefit from a consultation with a Houston criminal defense lawyer.
A dating violence charge may be filed after police respond to a domestic dispute. According to Texas law, these charges can be filed if the situation meets the standard of “a dating relationship.” Disputes involving married couples also may fall under the dating violence statute.
Any act that meets the above definition of family violence, as well as the standard of a dating relationship, can result in dating violence charges in Texas.
Can a Spouse Drop Domestic Violence Charges in Texas?
In some domestic dispute cases, one partner makes false domestic violence accusations against another. Sometimes, the accusing partner may later regret this and seek to drop the charges. You may be asking, “can charges be dropped after my spouse called the police on me in Texas?”
Getting domestic violence charges dropped in Texas can be difficult, but it is not impossible. Contrary to public perception, the alleged victims in criminal cases do not have the authority to drop charges. Only the police and prosecutors can decide to throw out a case. The authorities will often continue pursuing criminal charges even if the alleged victim makes a decision that they do not want to pursue the charges. However, there are situations in which an experienced criminal defense attorney can work with a family to get a domestic violence charge dropped.
Each case is unique, so discussing the case with an experienced domestic violence defense lawyer can help you better understand whether your charges could be dismissed under the law. Get in touch with the Law Office of Nathaniel Pitoniak today for a free consultation with an experienced Houston criminal defense lawyer.
What If I Was Charged with a Crime During a Police Wellness Check?
Some well-meaning spouses may call the police during a domestic dispute because they are concerned with their partner’s well-being. Additionally, a concerned neighbor may call the police because of shouting during an argument between spouses. This is known as a wellness or welfare check.
A wellness check can sometimes result in criminal charges, even if that was not the caller’s intention. For example, the spouse may have been arrested during an episode related to a mental health condition because they were unable to follow police orders. A thorough criminal defense lawyer may be able to present a defense for such charges in court.
Should I Talk to a Lawyer After My Spouse Called the Police on Me?
Being aware of your legal rights is vital after being charged with a crime. Criminal charges filed after police involvement in a domestic dispute can carry severe penalties. Those penalties can include fines, imprisonment, or the loss of the ability to see your children in the future. The consequences of a criminal conviction can be widespread and astronomical. Thus, those facing such charges should consider finding a strong legal defense to the charges they face. A criminal defense attorney will be able to answer your questions regarding your case, and may be able to get charges reduced or dismissed, depending on the particular circumstances of the case. Former prosecutor Nathaniel Pitoniak now represents defendants in domestic violence cases and other criminal offenses. You can learn more about your legal rights and ensure they remain protected after being charged with a crime in a free consultation: contact Nathaniel Pitoniak today at (832) 315-6283.