Legal Question in Criminal Law in Texas

Arrested based on false accusation

After an argument, my wife called the police and told them that I had shoved her and had threatened to kill her if she were to file for a divorce. I was arrested for assault FV, class ''c'' and making a terroristic threat, class ''a''. My wife did not wish to press any charges, however the police filed the charges anyway and had the judge issue a 61 day Emergency Protective Order (EPO), barring me from giong within 500 feet of my house and my wife. The accusations are completely false and the only thing supporting the charges are the accusations. The police report that was filed was 21 pages long, my wife was only able to obtain the first 4 and 1/2 pages. In the ''victim description/information'' part of the police report, under ''injuries'', the police officer listed ''None''.

Questions:

What is the prosecutions burden of proof to support a charge of ''Making a Terroristic Threat''?

What is the state's burden of proof to support the assault charge, when there are no injuries?

What form(s) do I need to file to obtain a copy of the full police report?

How do I get the EPO vacated?


Asked on 2/01/06, 1:14 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Arrested based on false accusation

As in any criminal prosecution, the burden of proof is beyond a reasonable doubt. Before the Order of Protection expires the district court will schedule a hearing if it is to be extended. You can file a Motion to Vacate and request a hearing.

That answers the specific questions you asked, however I STRONGLY caution you to obtain an attorney to handle these matters for you. A hearing on the Protective Order can result is very damaging testimony, and set the stage for the criminal prosecution. Moreover in my many years of practice, I cannot count how many many times a man has gone to court absolutely convinced that the FV case would be dismissed, and sat stunned when his wife offered damaging testimony. DO NOT ASSUME THIS WILL JUST GO AWAY. Most ADA's do not care if an affidavit of non-prosecution is filed.

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Answered on 2/01/06, 1:22 pm


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