Q: Can my husband still go to the hospital with me for the birth?
I’m eight months pregnant. My husband and I got into an altercation while he was intoxicated. Property was damaged. He left. I was having contractions and went to the hospital to get checked out. The nurse called the cops and I had to make a police report, but I did not press charges. A couple days go by and I get a call from the DA office saying that they pressed charges and now he has a warrant for his arrest.
A: In Texas you do not have to press charges. If the DA's office believes they have enough evidence to substantiate the charge then it is their duty to press charges. As long as there isn't a protective order stating he cannot come near you it should be fine; however, he should probably consult with a lawyer and perhaps you should consider counseling for everyone as pressures will only increase with the arrival of a new baby.
Kiele Linroth Pace agrees with this answer
A:
Not just the hospital. It is possible that he could be prevented from going to your home, even if he lives there too.
A Magistrate's Emergency Protective Order (EPO) could be issued upon his arrest. Most EPOs only limit "threatening" contact but it is also possible that an EPO prohibits ALL contact "for good cause shown." See 17.292 of the Texas Code of Criminal Procedure. It is also possible that there could be a "No Contact" or "Keep Away" condition on his jail release bond. He should hire a criminal defense attorney and ask the attorney to review the case and explain what he can and can not do.
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