Dallas, TX asked in Family Law and Domestic Violence for Arkansas

Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side and me and my son leave but I locked my door cause her stuff was all out then I get a call she kicked in back door I call police and tell them when I return home a officer arrives and arrest me for domestic 3rd degree battery but I did nothing except report my door being broke

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1 Lawyer Answer
James E Hensley Jr
James E Hensley Jr
  • Domestic Violence Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time to cool down. Usually, there is an order of protection in place to ensure the fight does not continue.

I'll also say though that if you were not the offending party, the Court should not find you guilty. Police sometimes get it wrong. After all, they did not see what actually happened. My recommendation is that you get an attorney to help you right away. There are many things going on behind the scene and you need guidance with that along with advice on how to proceed and not violate any Court order.

Thank you for reaching out to this website. We can really help you.

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