Legal Question in Criminal Law in Texas

Domestic Violence

Father of sixteen year old son called 911 when son got kitchen knife, fourth time in past three years police have been called to calm son down. Son went ''off the deep end'' and got on speaker phone and told police his parent was trying to hurt him. Police arrived and believed son and arrested parent and felt other parent was lying. Parent was released on bond $10,000 and then 30 day court order restricting parent from going near son. Question: Parent was arrested because son lied and there was not probable cause. Parent had never had any prior criminal record-not even traffic violations. Parents are both professional people that volunteer in community and at their church. Officer took only two-three minutes to make the arrest and was a rookie officer. Parents can or can't file complaint against police?


Asked on 4/27/04, 10:59 am

1 Answer from Attorneys
John Armstrong The Law Office of John W. Armstrong

Re: Domestic Violence

If the case is still pending, it would not be my recommendation to file complaint, won't be taken seriously if accepted at all. Once the case is over, you can certainly file the complaint- it will be taken more seriously with nothing pending. Right now, you have enough on your hands if the case is still pending. You need to look at finding a good criminal attorney and concentrate on getting out of this mess.

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Answered on 4/28/04, 7:53 am


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