APD, 911 and Domestic Violence (Austin: apartment, lease, crimes)

[OpenD]

Who can illuminate me on this... does a Domestic Violence call to 911 mean someone has to get arrested by APD?

I recently heard that a friend was newly "single" again, after a year in a tight relationship. I had met the guy along the way, and he seemed ok. She's bright, attractive, a real go-getter, putting herself through school and working nights to make it work.

When we finally had a chance to catch up together, she told me she had a long hard time with the guy, because he kept losing jobs and getting high and staying out all night with musician friends. Last time he had come home very late, stoned, after she was asleep, and after being gone two nights in a row. She told him to leave, he didn't, she pushed him away with her palm on his chest... he's maybe double her bodyweight... he got rough in return.. she grabbed her cell phone and dialed 911.

By the time APD got to her apartment he had grabbed some things and left, but APD interviewed her very carefully anyway. In the course of giving her account of what happened the officers asked if she had pushed him first... she said she had... and they asked where he was now.... she did not know... at which point the said they would be arresting her for Domestic Violence. When she protested, they said (according to her story to me) that on a 911 Domestic Violence call someone had to to be arrested, so they handcuffed her and took her in.

Over the next 12 hours or so she sat in a cell, had bail set at $3,000, called some friends and family to arrange for bail by 2 pm, and then had to wait until 11pm to be released, nearly 24 hours after the initial confrontation began. She's got a court date set, an attorney hired... all in all a HUGE wakeup call that her boyfriend was no Prince Charming and that it was time to move on. And she has.

My question, for anyone who is well enough versed in the "how things are" of situations like this to be able to answer, is as follows:

Is it true that when APD gets a Domestic Violence call on 911, they are directed to arrest someone?

Thanks

[OpenD]

Thanks to whomever for the private message on this.

Yes, I get that she made the first actual physical contact by putting her hand on his chest when he was moving in on her, but it seemed to me more defensive than anything.

And yes, I get that telling him to get out of their shared apartment and to go be with a friend was harsh, but wouldn't APD have wanted them to separate for the night anyway if he had still been present when they arrived?

In any case, yes, she totally got the message, loud and clear. Immediately moved out of that apartment, moved in with some co-workers, totally ended that relationship "forevah!," and even got a new hairstyle. (That's when you know a gal like her is serious! ) She's got a ways to go with her court hearing yet to come, and whatever they dish out, and paying back friends and family for loans for the attorney and the bond and early cancellation on the old lease, etc. but she's committed to getting through it and moving beyond, as quickly as possible.

And some day that loser she was formerly with is going to be crying over all this, because she is gorgeous, and smart, and funny... a real hottie... and she was devoted to him, until he messed up so bad. Now he's dead to her.

But my question remains... was her arrest inevitable, once she made that 911 call? I really have no idea.

[Trainwreck20]

but wouldn't APD have wanted them to separate for the night anyway

I (fortunately) have no personal experience with this, but have known a few people that have, at least tangentially, have experience or dealt with similar situations.

- A friend of mine (male) lived with a GF for a period of time before realizing she had some major issues. He paid the rest of their lease and moved out to a new apt. When the lease at the old place ran out, she had to live with friends but he allowed her to store stuff at his new place. A few weeks later, she broke a window and moved into his new place (also causing property damage inside). He called the police when he got home from work (she fled in the meantime) and they told him that letting her store stuff there 'established the apt as her place of residence' and told him to get an eviction order and then they left. She ended up causing massive damage to the property and his personal stuff and threatened to kill him several times (kept on VM recording). The police responded two other times to 911 calls, but the last time threatened to arrest him for raising his voice, essentially. We eventually moved him to a new apt across town in the middle of a day in which she was not there (which was rare). He canceled his phone and got a PO box.

Anyway, no one was ever actually arrested, and the actual and potential violence was much worse sounding, imho.

- Second anecdote is in Williamson County, and to keep it short - they tend to arrest someone if at all possible if they think there is the slightest chance of violence. Statistically, DV 911 calls end in high percentage of physical violence crimes, but if one party is removed, then the odds go way down (cool off period). Williamson County used to have a minimum 24-hour holding (usually on the drunk guy) during which you could not bail them out. It is possible they were trying to get your friend to a safer place if they thought the guy might come back (and they have had reason to fear this, even if your friend did not), but it would then be odd to pursue the charges seriously.


OTOH, only hearing half the story (your friend's half and not the police), I would have to withhold any real judgement. In my limited experience with APD, they have been very professional and reasonable.

[BentBow]

Originally Posted by OpenD

Who can illuminate me on this... does a Domestic Violence call to 911 mean someone has to get arrested by APD?

I recently heard that a friend was newly "single" again, after a year in a tight relationship. I had met the guy along the way, and he seemed ok. She's bright, attractive, a real go-getter, putting herself through school and working nights to make it work.

When we finally had a chance to catch up together, she told me she had a long hard time with the guy, because he kept losing jobs and getting high and staying out all night with musician friends. Last time he had come home very late, stoned, after she was asleep, and after being gone two nights in a row. She told him to leave, he didn't, she pushed him away with her palm on his chest... he's maybe double her bodyweight... he got rough in return.. she grabbed her cell phone and dialed 911.

By the time APD got to her apartment he had grabbed some things and left, but APD interviewed her very carefully anyway. In the course of giving her account of what happened the officers asked if she had pushed him first... she said she had... and they asked where he was now.... she did not know... at which point the said they would be arresting her for Domestic Violence. When she protested, they said (according to her story to me) that on a 911 Domestic Violence call someone had to to be arrested, so they handcuffed her and took her in.

Over the next 12 hours or so she sat in a cell, had bail set at $3,000, called some friends and family to arrange for bail by 2 pm, and then had to wait until 11pm to be released, nearly 24 hours after the initial confrontation began. She's got a court date set, an attorney hired... all in all a HUGE wakeup call that her boyfriend was no Prince Charming and that it was time to move on. And she has.

My question, for anyone who is well enough versed in the "how things are" of situations like this to be able to answer, is as follows:

Is it true that when APD gets a Domestic Violence call on 911, they are directed to arrest someone?

Thanks

When the police are called, someone is going to jail to be fined, to pay for the time the officers were there.

The Sheriff dept. not so much.

Police, are hired guns, for the city.
The Sheriff, is an elected official, by the people of the County.


Austin is a police state, no doubt. Your freedom is in their hands.


Remember, when seconds count, the police are only minutes away.

[Trainwreck20]

When the police are called, someone is going to jail to be fined, to pay for the time the officers were there.

I know of many situations that 911 was called and no one was arrested or fined.

[TX55]

Short answer to your question is NO. Just because a call is made to 911 does not mean an arrest has to be made. That being said, family and dating violence really ties an officers hands for the most part. If there is any evidence that violence occurred then an arrest has to be made.

[CptnRn]

Corrections below in Red:

Originally Posted by BentBow

When the police are called, someone is going to jail to be fined, to pay for the time the officers were there.
Not true, but...
When the sheriff is called, someone has to pay for the time the officers were there. How is that any different?

The Sheriff dept. not so much. How so??

Police, are hired guns, for the city.
Sheriff's Deputies are hired guns, for the County.

The Sheriff, is an elected official, by the people of the County.
The Sheriff is in a similar position as the elected officials of the City. Not much difference.
Sheriffs are subject to bribes, influence and political pressures same as any political offical, maybe more so as they are not in the spotlight as much.

Do you really trust an elected local official over one that his hired based on his credentials after a national search to find the best available?

Austin is a police state, no doubt. Your freedom is in their hands.
"Travis County is a police county, no doubt. Your freedom is in their hands."

Remember, when seconds count, the police are only minutes away.
Remember, when seconds count, the sheriffs deputies are only hours away.

[tfresca]

Officers have a lot of discretion about how to handle these things. Usually they throw up their hands and go to the next call. Funny thing though, this being Texas, if she shot him they probably wouldn't have arrested her.

[goodlucksandiego]

I'm continually surprised how absurd our justice system is. I would not have thought the advice of not talking to police without your lawyer present would apply to a self dialed 911 like this, but I see things in new light now... (I would have thought it crazy if he was arrested but it is totally over the top to have her arrested - maybe it is a CYA move in case things get more complicated later? i.e. they find out he fell and ended up at a hospital.)

This guy spells it out very sensibly:

Don't Talk to Cops, Part 1 - YouTube

[OpenD]

Thanks y'all for your insights. You've pretty much confirmed what I suspected all along, that they likely had a good reason to arrest her, even if they told her they had no choice but to arrest her. Or maybe she just made that part up to let herself off the hook a little.

She might have been upset enough that they wanted to make sure that the situation wasn't going to blow up after they left, in case he came back again. She did say she thought she's have to take an anger management class. That's kind of telling. And it did give her a 24-hr "time out."

In any case, I think she learned her lesson and she seems determined never to go through that again.