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Law enforcement tends to be harsh in Lubbock domestic violence cases. If you are facing charges, speak with a domestic violence lawyer today to learn about your rights. Altogether, the prosecution would rather find that charges were exaggerated and scale back given the of each individual situation, rather than the other way around. As a result, it is extremely important to hire an attorney to help deal with law enforcement in Lubbock domestic violence cases, in order to represent the defendant against law enforcement, the prosecution, and the courts.
Legal Duties of the Investigating Officer
The first duty that law enforcement in Lubbock domestic violence cases has is protecting the alleged victim and that is how they are going to approach it. They will conduct an investigation, as required by the statute. However, often their sympathies lie with the accuser and not with the accused.
Their second duty is to enforce the laws of the state. Their third duty is to enforce a protective order from another jurisdiction or their own. Their final duty is to make lawful arrests of violators. A lot of the trouble in this area of the law comes from a violation of a protective order.
Altogether those are the primary enumerated duties:
- To protect the victim
- To enforce the laws
- To enforce a protective order if there is one
- To make a lawful arrest of violators
Responsibilities in Case of Foster Families
In addition, they also have a duty to determine if the address is a licensed foster home or if the place, whether the home or not, is where the alleged events took place. In that case, the people in question have been tasked with the care of one or more children. Therefore, in those cases involving foster homes, that is one other thing that the police officer is supposed to find out, especially, if there are issues that need to be investigated.
It is important to note that if a police officer goes to a house because 911 has been called or they happened to be driving by and see people fighting in the yard, they are required to make a written report and required to turn that report in to the Department of Family and Protective Services. If it is a licensed foster home, they are going to have to give this report to the Department of Public Safety.
Law enforcement in Lubbock domestic violence cases also have a duty to advise the alleged victim of all reasonable means to prevent further family violence. They have a speech that they can give within the statute in which they talk about the rights of the the person making the accusation and how to protect themselves in different ways.
Why an Attorney is Necessary Once Charges Have Been Filed
There are a number of steps that law enforcement in Lubbock domestic violence cases must take when it comes to investigating a potential situation. Once an officer has filed the obligatory written report, a case is open and cannot be closed, even at the request of the person who originally brought the matter to the attention of law enforcement. Often times, there will be an assault and maybe the person who called the police was frightened at the time but decides the accusations were not a major event looking back on it.
Sometimes, they will write a letter to the district attorney stating that they no longer wish to press charges. This is because they mistakenly assume that withdrawing the claim is a possibility, which it is not. When a person is arrested on charges of any form of domestic violence, the decision on whether or not to move forward with the case lies entirely in the hands of the district attorney.
As a result, it is extremely important for anyone who has been charged to have professional assistance in the form of an experienced attorney when it comes to fighting the district attorney in court.