# How long does domestic violence record last?



## Mantaray (Aug 29, 2004)

I'm asking for my bother-in-law. He completed the terms of probation a couple of years ago. Now he's applying for a job and they told him no, because of such record. Does this kind of record stay permanently? Can a lawyer clear that for him? Can a company denies employment based on such record?


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## 11andy11 (Aug 12, 2004)

criminal charges never go off your record unless you get them expunged which I have heard is very difficult. An employer can deny employment due to a criminal record.


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## Blk Jck 224 (Oct 16, 2009)

empty pockets said:


> Till' she straitens up.


:headknock Here we go....Don't beat the old lady Bro :work:


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## JED (Nov 14, 2004)

It depends:

If his probation was "deferred adjudication" probation, and he completed it satisfactorily, he can claim he was never 'convicted' of the crime. But the arrest will always show unless it is expunged or a 'order of nondisclosure' will seal the record. A lengthy amount of time must pass between the probation and petition with no criminal activity. Both these are very hard to get done and the record will still be available to all LEO agencies.

If his probation was adjudicated; meaning 'convicted' than it will never go away.

FYI, a domestic violence conviction is a Class A misdemeanor; but federal firearms laws prohibit anyone convicted of the crime from possessing or even being in the presence of firearms and/or ammunition.


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## Whiskey Girl (Jan 13, 2010)

empty pockets said:


> Till' she straitens up.


. . . . and that works both ways buddy. . . . . .

My company will not allow me to hire anyone with a record less than 7 y/o. wg


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## ChickFilet (May 20, 2004)

If he can't get it off of his record, he needs to disclose it up front with a good explanation of what he has done since that time to rectify it (probation, community service, therapy, etc.) There are employers who can and will hire someone with a record - even felonies - if the applicant doesn't lie about it and get caught. Public records being what they are these days, I don't know how anyone who has been in trouble could get away with hiding it.

Smaller companies without a book full of HR policies are also a good bet.


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## Rusty S (Apr 6, 2006)

Mantaray said:


> I'm asking for my bother-in-law. He completed the terms of probation a couple of years ago. Now he's applying for a job and they told him no, because of such record. Does this kind of record stay permanently? Can a lawyer clear that for him? Can a company denies employment based on such record?


Andy is correct, he can get it expunged, pm me and I will give you the name of an attorney in Alvin that specializes in this. Gonna probably be in the $2500 range. rs


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## Barnacle Bill (May 21, 2004)

Rusty S said:


> Andy is correct, he can get it expunged, pm me and I will give you the name of an attorney in Alvin that specializes in this. Gonna probably be in the $2500 range. rs


He might get it expunged off his state record, but can he get it off the federal record? I think the feds keep a record of it in the event you are ever found in possession of a firearm.

Anyhoo, try this link: *www.expungedomesticviolence.com*


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## Mantaray (Aug 29, 2004)

Thanks for the replies so far. I will ask him if it was a "deferred adjudication" probation. To my knowledge, he slapped his wife and one of his 2 kids (a 12 year old) called 911. When the cop came his wife did not want to press charge, but the cop acted on the kid's call and arrested him. Also to my knowledge, he had completed community services, therapy sessions with his catholic priest, etc.


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## BlueWaveCapt (Jan 8, 2007)

Yep - expunge the arrest record is prob the only option.
For now I would highly recommend he go in with an open honest explanation of what the charges were, why he was arrested, and talk about this during any interview he has because 99% of professional companies will do a background check. This charge will not "go away" after "x" number of years unless expunged.


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## Rusty S (Apr 6, 2006)

I have had a recent run in with the FBI over a fingerprint check that placed me in the FBI criminal history index, to say the least that was interesting, but it does not take long to get to the bottom of things---it was a bad print taken by the employer. If he served probation I would think he could get it off, maybe not, I would make a call to someone that could give tell him one way or the other. Domestic violence is a crazy subject, I have a friend that had his life ruined/lost job over a phone call his wife made to 911, he never touched her---but you are still going to get charged and spend some time in jail. rs


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## JohnHumbert (May 21, 2004)

*My $0.02 ...*



Mantaray said:


> Thanks for the replies so far. I will ask him if it was a "deferred adjudication" probation. To my knowledge, he slapped his wife and one of his 2 kids (a 12 year old) called 911. When the cop came his wife did not want to press charge, but the cop acted on the kid's call and arrested him. Also to my knowledge, he had completed community services, therapy sessions with his catholic priest, etc.


I think your friend is BSing you. Cops do not make arrests based upon minor's comments - to my knowledge, unless there are special circumstances. And DA's certainly do not prosecute cases with no complaining witness - and that's for certain. Cops cannot make arrests or being a complaining witness unless they actually SEE the violence occur, or there are visible signs of abuse (bruising, bleeding, etc.) and then if the wife doesn't press charges it is doubtful the DA would pursue. Kids (minors) cannot be witnesses in such cases except in very, very unusual or special circumstances.

One incident of slapping a spouse is not going to get anyone convicted (unless they plead guilty). Geez, how many times does a wife slap her husband over this or that ? I know my ex was a puncher and a thrower. Lost count of how many wine glasses she broke throwing them at me, and I had bruises on my ribs most of my marriage from punches and elbows while sleeping (I snored!).

If your friend was arrested and convicted of domestic violence in Harris County, I can garuantee you it was repeated, a pattern, and his wife filed or signed a complaint - and it was provable in court. Always hear about the tons of stories of "I made ONE threat", or "I just slapped her ONE time", or "All I did was shove her back " - and they're all BS.

It is a serious crime, a serious situation, and the police and courts deal with it as such and are very careful in the facts. While sometimes they might err on the side of caution, all the talk about it being unfair is mostly BS. They are NOT going to remove a father or husband unless there is an obvious fire or some pretty serious smoke.

I used to help out in a shelter (through a female friend of mine) - and it really opened my eyes to the disparity of "reports". I'd hear some of the guys comments about "just once" or "just a shove", etc. (same story, over and over from these guys) - then I'd see the women with bruises, black eyes, broken bones, etc.


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## bill (May 21, 2004)

JohnHumbert said:


> I think your friend is BSing you. Cops do not make arrests based upon minor's comments - to my knowledge, unless there are special circumstances. And DA's certainly do not prosecute cases with no complaining witness - and that's for certain. Cops cannot make arrests or being a complaining witness unless they actually SEE the violence occur, or there are visible signs of abuse (bruising, bleeding, etc.) and then if the wife doesn't press charges it is doubtful the DA would pursue. Kids (minors) cannot be witnesses in such cases except in very, very unusual or special circumstances.
> 
> One incident of slapping a spouse is not going to get anyone convicted (unless they plead guilty). Geez, how many times does a wife slap her husband over this or that ? I know my ex was a puncher and a thrower. Lost count of how many wine glasses she broke throwing them at me, and I had bruises on my ribs most of my marriage from punches and elbows while sleeping (I snored!).
> 
> If your friend was arrested and convicted of domestic violence in Harris County, I can garuantee you it was repeated, a pattern, and his wife filed or signed a complaint - and it was provable in court.


in domestic violence, if the police are called and there is evidence of abuse, they can and will arrest...don't matter who called or if the victim is willing to press charges...from how I understand it


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## SunRay (May 21, 2004)

bill said:


> in domestic violence, if the police are called and there is evidence of abuse, they can and will arrest...don't matter who called or if the victim is willing to press charges...from how I understand it


This is more accurate .... 1 call is all it takes and the DA will prosecute even if the wife is the one that called and then tells the cops she doesn't want to press charges ... unless the story is totally made up and there is absolutely no evidence -- the DA will file charges.


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## JohnHumbert (May 21, 2004)

bill said:


> in domestic violence, if the police are called and there is evidence of abuse, they can and will arrest...don't matter who called or if the victim is willing to press charges...from how I understand it


That's what I am saying "EVIDENCE OF ABUSE"....not the comments of a 12yo. That is not "evidence". There has to be some CLEAR evidence when the officer is one the scene.

Then there's prosecution. Evidence for arrest is one thing, but for a DA to pursue the case, there has to be more than just the officer's comments (unless there are special circumstances - such as the officer stating that he believe someone was in danger). Then even after DA files the charges and pursues the case - to get a conviction (without a confession or plea deal), there is going to need to be a clear, convincing evidence of a pattern or emininent danger.


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## Pescador Viejo Loco (May 21, 2004)

*Doh!!!!!*

Call a lawyer and get the truth.:headknock


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## Levelwind (Apr 15, 2005)

empty pockets said:


> Till' she straitens up.


 BOOM


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## Kenner18V (Aug 20, 2009)

The officer has no choice and has to arrest in a domestic violence call if there is any visible marks on victim!!!! State law


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## MrG (Apr 10, 2005)

FishinChick said:


> If he can't get it off of his record, he needs to disclose it up front with a good explanation of what he has done since that time to rectify it (probation, community service, therapy, etc.)..........


Good advice here.  You'd be surprised what you can find out in an interview by asking the simple question, "When I do a background check on you, what will I find?" I've heard everything from DWI to murder.


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## rockyraider (Feb 1, 2006)

Kenner18V said:


> The officer has no choice and has to arrest in a domestic violence call if there is any visible marks on victim!!!! State law


This is not correct, there is no State mandated requirement to make an arrest for Family Violence.

"I think your friend is BSing you. *Cops do not make arrests based upon minor's comments - to my knowledge, unless there are special circumstances. And DA's certainly do not prosecute cases with no complaining witness - and that's for certain. Cops cannot make arrests or being a complaining witness unless they actually SEE the violence occur, or there are visible signs of abuse (bruising, bleeding, etc.) and then if the wife doesn't press charges it is doubtful the DA would pursue. Kids (minors) cannot be witnesses in such cases except in very, very unusual or special circumstances.

One incident of slapping a spouse is not going to get anyone convicted (unless they plead guilty).*"

This may be how things are handled in Harris Co. but much of this info. is incorrect in other jurisdictions. We do speak with minors to help us establish probable cause and we even take written statements from them if they are old enough to write sufficiently. Our CA's and DA's will prosecute a family violence in a hearbeat without a victim's cooperation. It may be more difficult to do but it is done every day. We do not have to see the violence occur to make an arrest as the authority to make the non-on-view arrest is granted under 14.03 of the CCP. Any Officer worth their salt would certainly want to see some supporting evidence and or speak with witnesses b/f taking someone to jail. I never make an arrest based solely off of some alligation that is lacking supporting evidence. I can also guarantee you that one incident of slapping your spouse around here can certainly get you arrested and convicted. We don't wait for a patter of violence to emerge b/f charges are filed. We intervene on the first instance if probable cause exists.

About the ciminal history, it won't go away unless he gets it expunged or uses some other type of legal tool to have it removed. Even if he completes defered adjudication, it will all still be on his criminal history and it will show up every time its checked. The disposition of the case will just show deferred adj. rather than a conviction. Tell him to be very careful b/c deferred adjudication still counts as a conviction if he were to be arrested for family violence again. One prior conviction or disposition of deferred adjudication still makes the second arrest a felony. They will put you in TDCJ for family violence rather quickly.


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## txgirl1722 (Oct 17, 2008)

Blk Jck 224 said:


> :headknock Here we go....Don't beat the old lady Bro :work:


OR til she blows him away!


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## Levelwind (Apr 15, 2005)

rockyraider said:


> About the ciminal history, it won't go away unless he gets it expunged or uses some other type of *legal tool* to have it removed. .


You mean like a lawyer?


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## B2 (Jun 11, 2004)

rockyraider said:


> This may be how things are handled in Harris Co. but much of this info. is incorrect in other jurisdictions. We do speak with minors to help us establish probable cause and we even take written statements from them if they are old enough to write sufficiently. Our CA's and DA's will prosecute a family violence in a hearbeat without a victim's cooperation. It may be more difficult to do but it is done every day. We do not have to see the violence occur to make an arrest as the authority to make the non-on-view arrest is granted under 14.03 of the CCP. Any Officer worth their salt would certainly want to see some supporting evidence and or speak with witnesses b/f taking someone to jail. I never make an arrest based solely off of some alligation that is lacking supporting evidence. I can also guarantee you that one incident of slapping your spouse around here can certainly get you arrested and convicted. We don't wait for a patter of violence to emerge b/f charges are filed. We intervene on the first instance if probable cause exists.
> 
> About the ciminal history, it won't go away unless he gets it expunged or uses some other type of legal tool to have it removed. Even if he completes defered adjudication, it will all still be on his criminal history and it will show up every time its checked. The disposition of the case will just show deferred adj. rather than a conviction. Tell him to be very careful b/c deferred adjudication still counts as a conviction if he were to be arrested for family violence again. One prior conviction or disposition of deferred adjudication still makes the second arrest a felony. They will put you in TDCJ for family violence rather quickly.


It appears most of you all are grossly misinformed. Rockyraider is right on the law. AFV is mandatory arrest. All it takes is recklessly cause bodily injury (defined as pain) to a family member/dating relationship/co-habitator (even including your same sex roommate). They will (shall) arrest on a kid's statement with no sign of visible injury, and a spouse who doesn't want charges filed, refuses to give a statement.

To answer your question, it will be on his record for life and there is nothing he can do about it. Period. No expunction. No petition for non-disclosure, no nothing. Available for enhancement to 3rd degree felony the next time this happens.


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## Tripletime (Nov 2, 2005)

B2 said:


> It appears most of you all are grossly misinformed. Rockyraider is right on the law. AFV is mandatory arrest. All it takes is recklessly cause bodily injury (defined as pain) to a family member/dating relationship/co-habitator (even including your same sex roommate). They will (shall) arrest on a kid's statement with no sign of visible injury, and a spouse who doesn't want charges filed, refuses to give a statement.
> 
> To answer your question, it will be on his record for life and there is nothing he can do about it. Period. No expunction. No petition for non-disclosure, no nothing. Available for enhancement to 3rd degree felony the next time this happens.


I have to agree with B2... my brother was arrested and was placed on deferred adjudication probation for 12 months for domestic violence. It has been 5 1/2 years and he was told he could not get it expunged... ever. He lost his teaching job and has not been able to get another. His was not even a conviction and it is part of his record.

And about this idea that there has to be evidence for the police to arrest is pure BS. His neighbors called the police (they lived in an apartment) and when they came over, they arrrested him because of the phone call. Also, I have respect for LEO's... but they are human and make mistakes just like the rest of us. When my brother tried to explain that his wife was the abusive one, they told him "One of you is gonna get arrested and it ain't gonna be her."

I'm sure to get a bunch of cr&p for this but I've gotta say it anyway... Some women are just as abusive as men can be. My brothers ex was an abusive SPOILED BRAT!!! She stabbed him with scissors, broke a vase over his head, went at him with a knife, etc., etc.. I stopped by his house one day when she was in the middle of a tantrum and told him to go to the hospital to get stitches on his back. I have never hit a woman but was so mad, I almost beat the &%#$ out of her. He calmed me down and made me promise never to tell our mother... mistake. Anyhow, his mother in law finally convinced him to divorce her daughter. Told him that she had always been spoiled and she knew this was gonna happen and thanks for putting up with her for 10 years. Told my brother he deserved better. She was right. Too bad he has this Class A on his record now because of her but he will never get it off. Oh well, he's remarried and happy now.

I know, I know, I know... some of you will have a hard time believing it but that's the way it is. It is not always the man that is abusive.


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## flashlight (Jul 9, 2007)

Don't forget the new strangulation law..If you choke the victim, it is now a 3rd degree felony. And...the new continueing violence law, if you have been convicted of a domestic violence in the past, 2nd offense is a 3rd degree felony...My guys have been filing the **** out of them since it started..


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## Mantaray (Aug 29, 2004)

OK, I've asked him and he said it was a deferred adjudication. Now, my next question: Has anyone experienced or know of anyone who had successfully retained a lawyer and had their case expunged? I really don't want to provide him some false hope and spent $2,500 for nothing. 

As tough as the economy is these days and how hard it is to find a job, he has to find a stable job somehow to provide bread & butter for his family. I'm sure they had lots of regrets & wished they could undone all of this. I don't think a slap should cost him a job, which in turn could cause him to loose his house & put his wife & kids in misery. I know for a fact in other countries women get beat up black & blue but could not and would not even complain because after all they rely on their husbands to support the entire family.

I guess we all could learn a few lessons from this. For all husbands and wives out there, before you lift that hand of yours, think about the consequences for yourself and your family. I'm not even dare to give any advice about lifting that phone to call 911.


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## Privateer (Nov 28, 2009)

I know he's your brother... but was it a legit conviction? If he truely did domestic violence, then that is a life sentence...


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## txbigred (Aug 7, 2007)

Mantaray said:


> OK, I've asked him and he said it was a deferred adjudication. Now, my next question: Has anyone experienced or know of anyone who had successfully retained a lawyer and had their case expunged? I really don't want to provide him some false hope and spent $2,500 for nothing.
> 
> .


Look up at B2's post. He says it can't be expunged, and I believe he is a lawyer.

Dave


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## Trouthunter (Dec 18, 1998)

B2 is a practicing attorney, criminal law.

TH


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## rockyraider (Feb 1, 2006)

B2 said:


> It appears most of you all are grossly misinformed. Rockyraider is right on the law. AFV is mandatory arrest. All it takes is recklessly cause bodily injury (defined as pain) to a family member/dating relationship/co-habitator (even including your same sex roommate). They will (shall) arrest on a kid's statement with no sign of visible injury, and a spouse who doesn't want charges filed, refuses to give a statement.
> 
> To answer your question, it will be on his record for life and there is nothing he can do about it. Period. No expunction. No petition for non-disclosure, no nothing. Available for enhancement to 3rd degree felony the next time this happens.


..

B2, I appreciate the kind words. I would like to know though, where does it say that a peace officer shall arrest for family violence? We both know, or should know, that this is not the case as the only offense that is a required (shall) arrest is violation of a protective order. I'm not trying to be an arse, just curious where you read this? CCP 14.03 is very clear that a PO MAY arrest for an incident involving family violence. Thats very different than we SHALL arrest. Maybe I misread your response. I also don't agree that people are commonly arrested without evidence of a physical assault. We certainly don't do things like this where I work and if this is common elsewhere, shame on them. I don't doubt it can happen though as I've seen some dumb stuff during my career. Anyone can accuse someone of doing something, doesn't mean it actually happened. How would you prove bodily injury with no visible injury? I just don't get it?

Funny thing is, I've been thinking about law school the past few days. Not really sure why. Its a **** expensive degree plus I'm not sure where I would go. Seems like a pretty interesting career.


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## B2 (Jun 11, 2004)

CCP art. 5. 

How do you prove bodily injury without a visible injury? Simple. Just ask the complaining witness. Or an eyewitness. I'm not saying it is the greatest case but it can be made. 

Q: did daddy throw mommy to the ground?
A: yes. 
Q: what did mommy say when when that happened?
A: ouch. That hurt. 

I can't tell you how many cases I've had with no visible injury. I've also had No visible injury assault by contact - family violence cases, which can be used for enhancement.


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## redduck (Jul 26, 2006)

I do background checks. I can not tell you how many times candidates tell me that the "incident" (domestic violence, burglary, assault, etc.) is not on my record cause my lawyer said if I get deferred adjudication it will not be on my record. Wrong. Deferred adjudication in laymans terms means "I plead guilty in exchange for probation". It will be on your record. FishingChick gave good advise. Tell the prospective employer the truth and what you have done to change your life. I hire folks with records sometime but I never hire a lier. If I can not trust you I will not hire you, period. One concellation is that most employers do a 7 year background check. After 7 years if may not show up on the record. NO NOT rely on this because some county clerks will just copy the entire record rather than stop at 7 years.


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## rockyraider (Feb 1, 2006)

B2 said:


> CCP art. 5.
> 
> How do you prove bodily injury without a visible injury? Simple. Just ask the complaining witness. Or an eyewitness. I'm not saying it is the greatest case but it can be made.
> 
> ...


Yeah, I can see what you mean, I guess I just didn't think that it would be a commonly prosecuted situation without any physical evidence. Anytime you rely solely on a witness without any supporting evidence someone is possibly being railroaded. I guess thats why people need the best counsel possible! Anywho, take care and maybe I'll see ya one day in court.


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## Blue Water Breaux (Feb 6, 2008)

try dating someone who has borderline personality disorder and she, nor the family ever disclosed it. that'll cost you BIG. Men get railroaded all the time, its pathetic that women are favored heavily, except in my case.


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## Rine_Everett (Jun 3, 2004)

Y'all are going about this the wrong way.
First since it was Defered adjudication you are s'krewed. It aint eligible for expungement sorry, (lesson learned).
Second, Pinkertons security does public records searches in EVERY juristiction in the USA. Once they have you as a 'hit' they get the info and save it to their servers in the Cayman Islands. No matter what happens after that, I DONT CARE IF THE PRESIDENT CLEARED YOU, Pinkertons has the original info and it will NEVER go away. PERIOD. An employer ask Pinkertons about you and it will come up. If in doubt search mine "Rine Everett" and tell me what you find. Even the juristiction does not have any info on the incident but Pinkertons does...


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## JohnHumbert (May 21, 2004)

*Puzzled, seriously...*

If what B2 is saying true, then could someone please explain these incidents to me:

My (then) wife gets into a fight with me. She throws walkman, highball glasses, etc. I am cut by broken glass. Neighbors call police. Police show up, separate her. Take report, no arrest, no other action.

Two weeks later, wife still ******. Picks up her 9-iron, swings, breaks window in apt, 2nd swing finds target - me. Very nasty bruised on arm/shoulder. Police arrive, I file complaint. No action taken.

Skip forward 10 years....divorced now. Ex throws wine glass, then picks up half empty wine bottle and swings at me - I block it with my arm - painful, but no blood. Someone in the restaurant calls police. Report taken, no other action. (BTW, the "report" was never "filed" by the officer).

Few months later (just last year), my daughter (then 15) is "whipped/spanked" by the new boyfriend as punishment for "disrespect". Police called. No action taken.

I talked with DA and police/detectives in all these incidents. In EVERY case, the response was always the same: (a) no visible "evidence", (b) not a "winable" case in court, (c) don't pursue "isolated" incidents, and (d) no evidence from a non-minor.

Are these just examples of gender-bias or what? Because it is my experience that my daughter telling the police "Can you stop mommy from hitting daddy?" doesn't do squat!


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## Blue Water Breaux (Feb 6, 2008)

John, your daughter was whipped/spanked by her bf? Holy chit how did you not bury the bastage? Rather, how are you not locked up?!


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## steveotheguy (Oct 13, 2006)

JohnHumbert said:


> If what B2 is saying true, then could someone please explain these incidents to me:
> 
> My (then) wife gets into a fight with me. She throws walkman, highball glasses, etc. I am cut by broken glass. Neighbors call police. Police show up, separate her. Take report, no arrest, no other action.
> 
> ...


Gender bias.....and 15yrs old is too old to be spanked.


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## JohnHumbert (May 21, 2004)

*Yeah...*



Blue Water Breaux said:


> John, your daughter was whipped/spanked by her bf? Holy chit how did you not bury the bastage? Rather, how are you not locked up?!


Believe me, I thought about it. But if I was locked up, custody would revert to my ex and my daughter would have to put up with that full time. Of course, she would run away...but neither outcome would be in my daughter's best interest ... so I just had to take it.

So far as the other incidents, the cops/DA really made me feel like a big wimp for "not controlling the situation" (meaning my wife). My ex would get literally "hopping mad" - and hey, to be fair - I could be a real stinker. Like the time I had bad news and picked up a whole set of highball glasses for WalMart and gave to her before I broke the news. She got so mad she threw the whole package at me still in the carboard - to which my smart-arse reply was "If you throw them one at a time they last longer" (that's when she got the 9-iron out).


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## B2 (Jun 11, 2004)

John, the only explanation that I can give is that you've had you arse kicked by a girl on more than one occasion. J/K gender bias, welcome to my world. Each of those instances is an assault, if not an aggravated assault-family violence-1st degree felony.


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## rockyraider (Feb 1, 2006)

JohnHumbert said:


> If what B2 is saying true, then could someone please explain these incidents to me:
> 
> My (then) wife gets into a fight with me. She throws walkman, highball glasses, etc. I am cut by broken glass. Neighbors call police. Police show up, separate her. Take report, no arrest, no other action.
> 
> ...


Sounds like sloppy/lazy/shotty police work. I have no explination as to why an arrest wasn't made on serveral of the examples that you provided. If the cops are called and there is evidence of injury, most times someone should go to jail, period.


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## 4x4tx (Nov 13, 2005)

Does anyone have experience of doing a order of non disclosure these days? Looks like the laws changed on 9/1/15 which makes it easier...buddys son got into some legal trouble but has met his probation period. He is kid so trying to get the record sealed as best they can as it was a class B.


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## goatchze (Aug 1, 2006)

7 years after the thread died. Nice.


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## dwilliams35 (Oct 8, 2006)

4x4tx said:


> Does anyone have experience of doing a order of non disclosure these days? Looks like the laws changed on 9/1/15 which makes it easier...buddys son got into some legal trouble but has met his probation period. He is kid so trying to get the record sealed as best they can as it was a class B.


. What did he do, 37 in a 30 or something?


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## Lexy1 (Jul 12, 2012)

dwilliams35 said:


> . What did he do, 37 in a 30 or something?


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## TIMBOv2 (Mar 18, 2010)

goatchze said:


> 7 years after the thread died. Nice.


Shat!!! I read this whole damm thread without looking at the date until I read this post. LMAO, I do this all the time.


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## tbdoppler (Aug 27, 2011)

JohnHumbert said:


> I think your friend is BSing you. Cops do not make arrests based upon minor's comments - to my knowledge, unless there are special circumstances. And DA's certainly do not prosecute cases with no complaining witness - and that's for certain. Cops cannot make arrests or being a complaining witness unless they actually SEE the violence occur, or there are visible signs of abuse (bruising, bleeding, etc.) and then if the wife doesn't press charges it is doubtful the DA would pursue. Kids (minors) cannot be witnesses in such cases except in very, very unusual or special circumstances.
> 
> One incident of slapping a spouse is not going to get anyone convicted (unless they plead guilty). Geez, how many times does a wife slap her husband over this or that ? I know my ex was a puncher and a thrower. Lost count of how many wine glasses she broke throwing them at me, and I had bruises on my ribs most of my marriage from punches and elbows while sleeping (I snored!).
> 
> ...


You speak of your personal experiences and beliefs as if they are facts. While I suppose our system works most of the time, prejudices towards men do occur with some seeming to get treated unfairly and forced to spend a small fortune trying to prove their innocence. I have observed the reverse of your opinion in several situations, one I will elaborate on in Harris County.
A nephew of mine came home to his apartment after drinking and playing golf all day. When he got home and argument insued with hs girlfriend (who was pregnant) and of course she was mad as hell. She left, when she did, he got the key she used out from under the doormat, so she couldn't get back in and he passed out in his bed. She was not on the lease and did not live with him, although she staying there a lot of the time. She returned a few hours later, could not get in and called 911, claiming she shoved her out the door and locked her out. After hearing her claims, HCSO deputies had the Appt. Manager let them in, drug him out of his bed in his underwear and hauled him to jail. There was not any getting his side of the story, it was" cowboys to the rescue" I suspect partially due to her being 7 months pregnant. Granted he was/is no angel and he made poor decisions being in the relationship. It took 3 days to get him out of the downtown jail with the DA filing charges. After hiring legal defense and moving along through the process, the women admitted he never touched her, she left herself and she was mad because he locked her out. The DA finally dropped the charges on him, said they were going to pursue charges against her , but they never did. Mind you it ultimately cost him 10k in the 90's.
He never got back with this women, had paternal rights of the child which was born a few months later , ultimately getting custody given to him after a year because being a mom was cramping this women's style. The good news here is he raised his daughter himself as a single dad with a good family support system; she is currently attending college and doing very well.

Moral of the long winded story - We have a good system but not perfect
It seems to (opinion ) in lower level crimes our system seems to be slanting towards guilty until proven innocent.


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## 4x4tx (Nov 13, 2005)

dwilliams35 said:


> . What did he do, 37 in a 30 or something?


lol he wishes...closer to what ever other college age student has done at one time or another


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## WillieT (Aug 25, 2010)

4x4tx said:


> lol he wishes...closer to what ever other college age student has done at one time or another


Don't leave us hanging. What'd he do? I was a college student once and curious to know if it was something I did.


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## rmiller4292 (Oct 17, 2009)

JohnHumbert said:


> That's what I am saying "EVIDENCE OF ABUSE"....not the comments of a 12yo. That is not "evidence". There has to be some CLEAR evidence when the officer is one the scene.
> 
> Then there's prosecution. Evidence for arrest is one thing, but for a DA to pursue the case, there has to be more than just the officer's comments (unless there are special circumstances - such as the officer stating that he believe someone was in danger). Then even after DA files the charges and pursues the case - to get a conviction (without a confession or plea deal), there is going to need to be a clear, convincing evidence of a pattern or emininent danger.


Visible injury or the complaint of pain is the standard for arrest.

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## Whitebassfisher (May 4, 2007)

4x4tx said:


> lol he wishes...closer to what ever other college age student has done at one time or another


That could be smoking a joint or involving sex. But you revived an old domestic violence thread. Not every college age student has commited domestic violence.


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## dwilliams35 (Oct 8, 2006)

rmiller4292 said:


> Visible injury or the complaint of pain is the standard for arrest.
> 
> Sent from my iPhone using Tapatalk Pro


He probably doesn't need to worry about it, with the statute of limitations and all..


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## rmiller4292 (Oct 17, 2009)

Yup...realized that after I posted..thanks though.


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