Cumby, TX asked in Domestic Violence for Texas

Q: Why would a victim of domestic violence be arrested? I live in Texas

My mom who is 83 has dementia and all my family said to call the police/ ambulance to take her to have a mental evaluation so they could maybe put her on meds. She had scratched my arm pretty bad cause I guess she believed I'd stole her phone so I finally called and a cop showed up and told me he couldn't do anything about it but could call for ambulance so I told him ok he could call for one. Well, the ambulance arrived and said nothing could be done. They could not take her. The cop told me that the hitting needed to stop or "I" would go to jail. I just dont understand why I could be arrested for calling the police to get help with my mother scratching me . She needs help. I didn't lay a hand on her. I think maybe he was mad because he had to answer the call cause he seemed mad when he got to my house. Can someone explain to me why I would be arrested? I live in Texas.

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Although charges in domestic violence cases are OFTEN determined by who calls 9-1-1 first, there is no official legal significance of being the first caller. Sometimes, after an investigation, the first caller is arrested.

If the responding officers did their job correctly, your mother was questioned privately such that you could not hear what she told the cops. You could be arrested if she told them anything that gave them probable cause to believe you committed an offense. Whether what she told them was TRUE or not is another matter.

Because of her age, if you are accused of hurting HER it could be charged as a FELONY offense of INJURY TO AN ELDERLY INDIVIDUAL. This is a very serious offense where you could be facing up to 10 or more years in state prison. If your relationship with her is that bad then perhaps you should avoid being around her... or at least be prepared to spend tens of thousands of dollars defending yourself against criminal charges.

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