What Happens After a Family Violence Arrest in Harris County
A family-violence arrest in Harris County follows a specific sequence that moves fast and strips away rights at every step. Understanding the process is the first step toward defending against it.
The Arrest
Article 14.03(a)(4) of the Code of Criminal Procedure requires officers to make a warrantless arrest when they have probable cause to believe family violence has occurred. Officers do not have discretion to issue a citation and leave. If they believe an assault happened between family members, household members, or dating partners, someone is going to jail. If both parties have injuries, the officer is supposed to determine the “primary aggressor” and arrest that person. In practice, officers often arrest the larger or male party regardless of who started it.
Joint Processing Center
After arrest, the defendant is transported to the Harris County Joint Processing Center for booking. This includes fingerprinting, photographing, and entering the arrest into the system. The defendant will see a magistrate, usually within 24 hours.
Magistration and Bond
At magistration, the magistrate sets bond and imposes conditions of release. In family-violence cases, bond conditions almost always include a no-contact order: no communication with the complainant, directly or through third parties, and no returning to the shared residence. Violating the no-contact order is a separate criminal offense.
Bond amounts in family-violence cases vary. A Class A misdemeanor assault might carry a bond of $5,000 to $20,000. A felony (strangulation, prior conviction, or continuous violence) will be higher. The magistrate considers the defendant’s criminal history, the severity of the allegations, and the perceived risk to the complainant.
Emergency Protective Order
In many family-violence cases, the magistrate issues an emergency protective order (MOEP) at the time of magistration. Under article 17.292 of the Code of Criminal Procedure, the MOEP takes effect immediately, without a hearing, and lasts 61 to 91 days. It prohibits the defendant from committing further family violence, communicating with the protected person, going near the protected person’s residence or workplace, and possessing firearms. The MOEP is issued without a hearing and cannot be contested; it simply expires on its own terms.
What the Defendant Should Do
The most important thing the defendant can do after a family-violence arrest is call a lawyer before talking to anyone. Do not call the complainant. Do not text the complainant. Do not send messages through friends or family. Do not post about the case on social media. Every one of these actions can result in additional charges, bond revocation, or evidence the State will use at trial.
What the Complainant Can Do to Help
Often the alleged victim—the complainant—immediately regrets calling the police, and wants to help the defendant out of trouble. The impulse is to call the prosecutor and ask for charges to be dropped. That does not work. Like the defendant, the complainant who wants to help should call a lawyer before talking to anyone. The represented complainant is in a much stronger position to help the defendant than is the complainant who tries to engage in self-help.
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