can someone be arrested if accused without evidence of domestic vilolece?
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can someone be arrested if accused without evidence of domestic vilolece?
Can someone be arrested from the home while alone, when falsely accused of domestic violence without any evidence to support the claim?
The accuser was not at the same place as the person she was accusing therefore clearly not in any immediate danger, yet she calls the police makes the false accusation and the police come to his home and arrest him. Is that legal?
Asked on March 1, 2017 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It is legal because the accusation is evidence--that is, witness testimony, by someone who saw what was going on--IS evidence, assuming it is credible or believable. And if he committed domestic violence, he can be arrested even if the violence is over and there is no immediate threat: the arrest is for violating the law, not to protect a person, and so if the crime was committed, it does not matter when it was committed.
You state the accusation was false--perhaps it was, but evidently it was credible or believable enough to establish a reasonable likelihood that a crime was committed, which is all that is necessary for an arrest.
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