Lubbock, TX asked in Domestic Violence and Criminal Law for Texas

Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He called the police on me because he said he wants to ruin my life since I am a teacher. He tried everything to get me arrested but the cop did not arrest me. He did, however, give me a case number and told me that I was a “suspect in a family violence case”. What does this mean exactly? Am I going to be charged? My husband realized the huge mistake he made. I am playing nice so he will admit the truth to the police. Will this change anything? I am terrified of losing my career over this! I am the victim!

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to protect yourself from his illegal use of force. However, if you were hurting him or damaging community property this his grabbing was a lawful use of force and your biting was an assault on him. In a mutual combat situation, the question is not who started it but rather, "Who was the first to use UNLAWFUL force?"

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.