Originally posted by glen
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Class c Family violence advise
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Originally posted by castlegaphunter View PostSo you're an officer? How many people do you see get family violence charges dismissed or reduced?
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So for the PD I work for handles class C assault f/v is this way. Offensive contact where the parties can be separated the suspect gets a ticket. If they cannot be separated the suspect is arrested.
If it is a he said, she said deal and there is no way figure it out we try to get them to separate for the night or the suspect is gone and we do a report and refer them to our city attorney for prosecution.
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My first wife served me with divorce papers that included wording of abuse. I called her and said I have never physically or verbally abused you. She agreed but said her lawyer put that in there. I told her to remove it or I would fight it in court and she would have to lie under oath. She had the lawyer remove that part.
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Originally posted by Robertt View PostMy first wife served me with divorce papers that included wording of abuse. I called her and said I have never physically or verbally abused you. She agreed but said her lawyer put that in there. I told her to remove it or I would fight it in court and she would have to lie under oath. She had the lawyer remove that part.
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Family violence can be attached to any assault including assault class C by contact or by threat. If convicted of any family violence offense then there is a Federal Statute that kicks in barring the offender from possession of a firearm for life. The real issue is that Class C offenses are not reported on a criminal history. So there is a loophole where someone could possibly purchase a gun approved by the state and be unknowingly in violation of federal statute.
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Originally posted by glen View PostThese charges are dropped often. Prosecutors weigh cases. They are not going to take a lot of time and effort with a weak case that they have little to no chance of winning in court. Most dockets are so behind and overbooked they have to run business in this manner
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Originally posted by castlegaphunter View PostSorry guys, meant class A. Not C.dont think there is a c family violence charge
Class C assaults (offensive contact or threats) are included in FV laws. So... a report doesn’t necessarily means an assault with injures (Class A) but it certainly could be.
The definitions on who is covered by FV laws in Texas is fairly extensive (and stupid in my opinion).
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Originally posted by tvc184 View PostFamily Violence is not a crime in Texas. FV is a requirement for the police and others to do certain things like make a police report, give handouts containing certain information, etc.
Class C assaults (offensive contact or threats) are included in FV laws. So... a report doesn’t necessarily means an assault with injures (Class A) but it certainly could be.
The definitions on who is covered by FV laws in Texas is fairly extensive (and stupid in my opinion).
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