Dallas, TX asked in Domestic Violence for Texas

Q: Nobody was arrested on scene. Do this mean were in the clear?

The girl I was dating had struck my face while we were out after an argument. we both took seperate ubers back to her place where I had my dog and, clothes, car keys which I needed. There was a good amount of alcohol involved. Police were called but nobody was arrested. I told them about the incident and they filed a police report for assault since she hit me. Should anyone be concerned of an arrest or charges? I don't want her to get arrested or have any further trouble. How long will it take to know what happens next?

Related Topics:
1 Lawyer Answer
Brian Marc Roberts
Brian Marc Roberts
  • Criminal Law Lawyer
  • Humble, TX
  • Licensed in Texas

A: The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In Texas, if an officer believes that family violence occurred, the accused can be charged even if the complainant does not want to file charges. Based on your description of the incident, it is a misdemeanor assault and the state has a 2-year statute of limitations to file a charge. The reality is that they will act within a few days or weeks. If she gets letters from bondsmen or lawyers, she has a warrant. You can call any bondsman and ask them to check if she has a warrant. If she does, contact a lawyer to see if she can arrange a walkthrough. Good luck!

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.