Even the happiest couple is likely to have some kind of disagreement from time to time. In some situations, those arguments could escalate into significant fights that could even turn physical. While you might believe that what happens behind closed doors will stay behind closed doors, that is not always what happens.
If your neighbors hear something untoward, they can call law enforcement. If the police show up to your place, they could very well end up arresting you even if both you and your spouse took part in the fight or altercation. Many factors will influence how law enforcement officers handle a domestic violence call.
When one party suffers injuries and the other doesn’t, charges may result
Even if both you and your partner were getting physical during the argument, it may be possible that only one person suffers injuries. Discrepancies in size and strength, as well as reticence about getting physical on one person’s part could mean that a physical fight leaves one person with injuries and another person unharmed.
In that scenario, law enforcement could very well arrest the person who doesn’t get hurt. The more severe the injuries to the other person, the more likely it is that law enforcement will consider charges including assault, even if your partner or spouse doesn’t want to prosecute you.
Assault on a family member could result in Class A misdemeanor charges, which could carry up to 12 months in jail or a fine of up to $4,000. There could also be other factors, such as strangulation, which could increase the seriousness of the charges that you face.
A history of domestic disturbances could lead to arrest
It is also possible for law enforcement officers responding to your home to choose to arrest you to make a point. If they have had to respond to multiple calls to your home for fights, alleged domestic violence or noise violations in the past, they may not work with you to resolve the issue amicably when they arrive.
Instead, they may simply arrest the louder party who was the focus of the complaint at the time of the call. All too often, that can mean that the man gets arrested, as male voices tend to be lower and louder, even if both people involved in the fight shout.
The good news is that there are many opportunities to defend against domestic disturbance and violence charges. Each case is unique, and many factors will influence your options for a criminal defense. Discussing the details of your arrest, history and charges to a criminal attorney who understands domestic violence and assault charges in Texas can help you determine how to defend yourself.