In Texas, an arrest for domestic violence can happen quickly, sometimes just minutes after somebody calls 911. But once the handcuffs are on, a legal process starts. This is why knowing your rights is crucial to ensure that a temporary dispute does not become a permanent conviction.
The 48-hour detention rule
While in other states posting bail leads to an immediate release, in Texas the law works differently. According to the Code of Criminal Procedure, law enforcement can hold you for up to four hours if they think violence might continue, and a magistrate can extend this to 48 hours if they were arrested before or if a deadly weapon was used or shown during the altercation.
A mandatory EPO
If you appear before a judge, they may issue a Magistrate’s Order for Emergency Protection (EPO). This order is usually required if the arrest involved a deadly weapon or caused serious injury. Even if the alleged victim says they do not want the order, the judge can still issue it, and they often do. Breaking an EPO in ways like sending a text message, can lead to new criminal charges and losing your bond.
Long-term impact of a charge
The state law can be aggressive to individuals accused of family violence. A conviction or a plea of “no contest” can result in a ban of possessing firearms under both state and federal law. In addition to that, these charges can be used against a parent in proceedings like a divorce and child custody.
If you have been arrested, remember that you have the right to an attorney. Call a lawyer immediately so they can start building your defense.