Q: My husband threw me on the ground while yelling at me in front of my daughter. Police mandatory arrested him. Why?
He left the house and when he came back the sheriff was here still. The sheriff said that it was mandatory to arrest him. I can't remember the name of the charge and I can't find it online anywhere. Why was the arrest mandatory if I wasn't sure if I'm going to press charges yet. I called the police because I wanted to get my cell phone and some things and was scared if he came back what would happen. Do you know the name of the charge for mandatory arrest in this circumstance?
A:
The arrest mandate may have been department policy. The law* says a peace officer MAY make an arrest without a warrant when he has probable cause to believe an offense involving family violence has occurred. However, it is quite common for law enforcement agencies to have a policy requiring that their officers make an arrest in this situation.
The most likely offense to be charged in this scenario is Assault Causing Bodily Injury / Family Violence. (Penal Code ch, 22) The state can choose to prosecute him whether or not you elect to press charges. For the purpose of this offense, anything that causes pain meets the legal definition of "bodily injury." If your husband took your mobile phone they might also charge him with Interference with Emergency Request for Assistance. (Penal Code ch. 42)
* See Article 14.03(a)(4) of the Texas Code of Criminal Procedure
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