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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85894
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My wife assaulted me two mondays ago and they did not arrest

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My wife assaulted me two mondays ago and they did not arrest her. I told them that I wanted her to go to jail and press charges. I went down to sheriff's office the following day and told them I WANT TO PRESS CHARGES. Two days after the assault, she pulls a knife on me while holding our toddler and I call the sheriff again. This time they took her into a mental facility where she spent 8 days. SO, the DA's office tells me that the warrant is ready to go and if she shows back up at the house to call them. They also said that I could request an EPO and that could keep her from coming around me or the child we have together. She showed up yesterday after being released from the facility and I called the sheriffs dept and guess what? NO WARRANT. In the meantime she is posting stuff on her Facebook page about how abusive Ive been for the last three years etc. LIES. What can you tell me about an EPO? Any advice on this situation?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the Texas law, they are bound to investigate and they are supposed to at the minimum refer charges to the DA's office to determine prosecution of all Domestic Violence cases. Thus, it is up to the DA to determine charges in domestic cases, as it seems that happened in this matter. You must contact the DA regarding the charges, since on a domestic violence case under Texas law you are not the victim, but the State of Texas is the victim.

The EPO would be a court order to prevent her from having any contact with you or the child, since the domestic incident happened in the presence of the child. Also, you can get the EPO to order she stop posting comments or making false comments about you in public. You can go to the local court and file for the EPO tomorrow and it will be granted based on your facts related above. Then from there you need to contact the DA and find out why charges are not being pursued against her since a weapon was involved on top of the other physical assault.



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Customer: replied 9 months ago.

They are being pursued. The warrant for some reason did not make it to sheriffs department list.

Customer: replied 9 months ago.

Why would they tell me that the arrest would have to be made before I could get the EPO?

Expert:  Law Educator, Esq. replied 9 months ago.
There are two types of protective orders, a criminal order of protection which requires an arrest to be made and also a civil order of protection which you can obtain from the civil court without any arrest being made.

You can seek to file for the civil order of protection before the warrant is served or you can check tomorrow to see why the warrant is not yet active or what happened to it.

Customer: replied 9 months ago.

I just went to my house and found one of her friends there. I told her that she needed to leave and didnt need to be there unless my wife was there> can I do that?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response. Absolutely you can demand the friend to leave the home and if she refuses you can call the police to have her arrested for trespassing.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85894
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 10 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

thank you so much. Since shes been out ive been staying at my dads but I know I still have as much right to that house as she does

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