Police Officer Preparation & Law Enforcement Resource - Archive

Last year in June of 2011 my husband and I were moving out of an apartment with his mother due to some family issues where the police were called the previous night. As we were trying to move out his mother and aunt were trying to stop us from leaving and hit my husband in the face. When the police arrived his mother and aunt began to accuse my husband of putting them in a choke hold so SAPD called an ambulence for them to get checked out. The EMT's said there was no damage and SAPD let us move. We gave them our address names and phone number even my mother's number. This year in April 2012 when my husband went to get his class B CDL he was arrested on warrant charges of family violence with bodily injury. If I'm not mistaken wouldn't the police have arrested him the day this accured or even the day after since they knew where we were? Even the witnesses (people unrelated to us in any way) gave statements saying my husband never laid a hand on either of them. Also his mother confessed through text they had called the police again after the other two SAPD cops left isn't that illegal to do?

You need to talk to a lawyer and wait for the police reports. We can't speculate on something like that.

Thank you.

SAPD, is that San Antonio PD TX? If so, In Texas the law does not require Officers to arrest for Family Violence. They are only required to arrest if they believe there is a chance of further violence after they leave. Sense you and your husband moved out that night, they likely felt he wasn't planning on coming back in the near future. If there was no arrest then the case was likely forwarded to the local prosecutor's office and they felt there was enough evidence to prosecute (which is rare given the circumstances you described above). Even if his mother no longer wants to pursue charges your husband can still be prosecuted because it involves family violence. At this time its out of the police hands, and the best bet is to contact a lawyer.

Yes its San Antonio PD in TX. And basically the DA just picked it up cause they have nothing better to do? :nonod: My husband is trying to go back into the military and now cause of all this the chance of that just keep decreasing. Thank you anyways.

Yes its San Antonio PD in TX. And basically the DA just picked it up cause they have nothing better to do? :nonod: My husband is trying to go back into the military and now cause of all this the chance of that just keep decreasing. Thank you anyways.

Like I said, given the circumstances you outlined above, I don't see why the prosecutors took the case.