Domestic violence citation

Legalwoe87

Legalwoe87

New Member
Jurisdiction
Texas
In November of 2015, in Texas, my brother was involved in a near fatal accident. I live in Louisiana, so I came to Texas to help Mt mother with him. While I was there, my 17 yr old sister and I were in a physical altercation. I am 29. It started because my mother asked me to confront her about a letter that was found from a 28 year old man, exposing their relationship. She pushed me on the bed and we scuffled as I tried to exit the room. She did not call the cops until the next night around 10 pm. She was furious that their relationship was exposed and I was an easy target to get back at for it. We are both being issued citations and will have to appear in court. Neither of us filed charges. What will happen in court if its just a citation? The detective says there will be no jail time. But, what are possible consequences? Do I need a lawyer? If she has been able to lie, manipulate, and escalate things to this, what else is she capable of if it's so easily believed? I have no prior convictions, not even a speeding ticket. I have a 3 yr old daughter who was asleep in the other room, will i now be investigated by CPS if she was in the home? I want to be prepared. I have been speaking with the detective on the case, who agrees with me, but he's also not the judge. When I do receive a citation in the mail, what is my next step? What are my options since I live in Louisiana and this occurred in Dripping Springs, Tx?
 
Start your information gathering by watching this video:




Next, read this:


10 Reasons Not to Talk to the Police


Finally, appear in court, plead not guilty, invoke - meaning you announce that you'll be making no comments, giving no statements, or commenting on this case, except to peas not guilty, and hire a lawyer, or ask if you qualify for a court appointed attorney.

Once you get a lawyer, you work with your lawyer, not the police to ease the pain.


More educational materials:

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Here's What You Can Expect After You Have Been Arrested in Texas

Important Information When You've Been Arrested -Texas Bail Bonds

What to do if you are arrested in Texas and how does it affect your bail? Delta Bail Bonds Dallas
 
You physically fought with a child when you were an adult and well old enough to know better. Your sister has the right not to be assaulted by her 29 year old sister. You were not her parent imposing reasonable discipline. You are not her parent period. Her parents should be the ones speaking to her about whom she may date. You can definitely be charged and yes, I would expect CPS to at least do a basic investigation if you have been cited for a physical altercation with a minor and in the same home where she was.
 
If it happened as you describe I would not expect much of anything to come of it.
You acted at your mother's request and your juvenile sister assaulted you.
A fight between siblings, even with this age gap, won't likely be taken very seriously if there aren't significant injuries.
What will be more important to anyone who investigates is the nature of the relationship she had with the adult male.
As was said above, the less you say the better, but the fact that you received a citation and were not arrested is a strong indication of how petty the police viewed the situation, but being domestic they felt obligated to do something.
I'd expect this to disappear and turn into a social services matter for your sister.
 
My siblings and mother were interviewed by CPS, the social worker said that nothing should be done and she'd like to close the case. 5 months after, I get a call from the detective. We were both issued citations. He said he wanted to close the case, but he couldn't establish the aggressor based on our stories. And that the judge may decide to throw it out. Also, that I may be able to talk to the judge over the phone, since I live out of state. So basically, stop speaking with the detective? Do i need to hire a lawyer? Will this citation be on my record?
 
You won't have a "record" unless there is a conviction, and you are apparently nowhere near that stage.
Personally, I would not respond to anything other than a summons to appear in court.
The detective's job is to obtain evidence against you, not to help you out. You can politely decline further contact. I would not worry about obtaining an attorney unless you actually receive a summons to appear in court, which sounds very unlikely.
 
The citation arraignment date is June 8. Can i call the judge to ask to speak over the phone, since I live out of state? I have not spoken to the detective, since but i do remember him suggesting this. I can't afford a lawyer. Will I need one if I do have to appear for the arraignment. I feel like the lawyers i have spoken to aren't answering my questions.
 
Legalwoe87 said:
The citation arraignment date is June 8. Can i call the judge to ask to speak over the phone, since I live out of state? I have not spoken to the detective, since but i do remember him suggesting this. I can't afford a lawyer. Will I need one if I do have to appear for the arraignment. I feel like the lawyers i have spoken to aren't answering my questions.
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You only need to appear, plead not guilty, and ask the court if you qualify for a public defender.

You might not need to hire a lawyer, if you can prove you're financially challenged.

Living in LA won't get you arrested for long, if you ignore this.

Texas isn't going to spend hundreds of dollars to extradite you for this low level offense.

It'll cause you grief over time.
If you get stopped for a traffic violation, a warrant hit will come back.
You might get hauled to a lousy, dirty LA jail for the weekend, or holiday. You'll probably get out after a few days, but his could be repeated.


Whatever you do is your call.

Most judges won't take calls from litigants, however, tha prosecutor might. Call and see if you can talk you way out of this. I'd give you about a 15% chance of that.
 
Thank you very much for your advice. You've been very helpful. I'm definitely not going to be ignoring this. I have a family to think of. Will speaking with my younger sister, the one who was also issued a citation do anything to help my case?
 
Legalwoe87 said:
Thank you very much for your advice. You've been very helpful. I'm definitely not going to be ignoring this. I have a family to think of. Will speaking with my younger sister, the one who was also issued a citation do anything to help my case?
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In cases similar to yours, the parties involved are normally ordered to avoid each other, not communicate or stay at lease 500-1,000 feet away from each other.

You can ask an uninvolved party to be your messenger/peacemaker.
 

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