Q: If person is arrested for assault on family member and charges werent pressed is it legal to issue a warrant
A:
A warrant may be issued when there is probable cause to believe an offense occurred, so whether or not anyone pressed charges is irrelevant to the legality of a warrant. In a domestic assault case, the term "pressing charges" means the witness is helping the police and/or prosecutor build a case against the defendant. Conversely, the term "dropping charges" means they are not willingly cooperating, and may actually be actively helping the defense attorney. The prosecutor makes the ultimate decision about whether to seek a conviction or drop charges but she is required to "consider" the views of the alleged victim.
I notice that this question was asked in Austin, so I can also tell you that the prosecutors in Travis County often, but not always, tend to seek convictions against the wishes of the alleged victim. That said, they can only WIN if the defendant gives up and takes a plea or if they can prove every element of the offense beyond a reasonable doubt at trial.
A: Yes, if the officer has probably cause to believe that the offense was committed.
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