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Domestic Violence & Police Response in Texas

What survivors may expect when Texas police respond to domestic violence calls.

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CRIMINAL LEGAL PROCESS

What Happens Right After Police Are Called for Family or Relationship Violence

On-Scene Safety Steps

When police arrive at a family or relationship-violence call, their first focus is usually safety. What happens can vary by province or territory, but some common steps include:

Checking who is injured or needs medical care and calling paramedics if needed
Separating people into different areas to hear what happened more safely
Looking for any obvious weapons or items that could be used as weapons
Checking if anyone else is in the home (including children, other adults, or pets)
Asking brief questions to understand immediate risk, not necessarily the full history

Police may also:

Ask if there is somewhere safer you can stay, or if you want help contacting a shelter or support service
Offer transportation to a safer location, depending on local policies and capacity
Take photos of visible injuries or property damage as possible evidence
Ask about any previous police calls or existing court orders

In many places in Canada, once police are called to a family-violence incident, they follow specific protocols. They may continue with their process even if the person who was harmed later feels unsure or wants to withdraw the complaint.

If You Are Worried About Speaking Openly

You can ask to speak to officers privately, away from the other person. You can also say if a question makes you unsafe to answer in front of anyone else.

How Likely Is an Arrest?

Across Canada, police usually follow policies that encourage or require charges when there is evidence of an offence in a family or intimate relationship situation. This is often called “pro-charge” or “pro-arrest,” but actual practice differs by region and by the facts.

Things that may increase the likelihood of arrest include:

Visible injuries or strong signs that someone was hurt
Witnesses, recordings, or clear damage to property
Use or threat of a weapon
Serious threats to harm, kill, or stalk
Past police involvement or existing court orders (like no-contact or bail terms)

Things that may reduce the likelihood of arrest can include:

Unclear information about what happened
No visible injury or property damage and no independent witnesses
Conflicting stories that make it difficult for police to decide who to charge

The decision to arrest and lay charges usually belongs to police and, later, the Crown prosecutor. It does not depend only on what the person who was harmed wants. This can feel confusing or frustrating, especially if you are worried about your safety, your housing, or your immigration status.

If You Are Not Sure Whether to Call Police

Some people choose to involve police, and others do not because of safety, cultural, immigration, or community concerns. If you want to explore options without automatically starting a police case, some community organizations and helplines can explain choices. Additional support options across Canada can be found through resources listed at DV.Support.

Magistrate’s Order for Emergency Protection (MOEP)

In some Canadian jurisdictions, there is a process where police or another official can quickly contact a justice of the peace, magistrate, or judge to request an emergency protection order by phone or remotely. In some areas this may be called an Emergency Protection Order (EPO) rather than “MOEP.” The name and details vary by province or territory.

This type of emergency order is usually:

Short-term, often lasting days or weeks
Issued quickly, sometimes the same day as the incident
Based mostly on safety risk rather than a full court hearing

Depending on local law, an emergency protection order may:

Order the person who caused harm to stay away from you, your home, work, or school
Give you temporary exclusive possession of a shared home
Set rules around contact by phone, text, social media, or through other people
Include conditions related to children’s temporary safety (varies by region)

The exact name, how to qualify, and what an emergency order can do are different in each province and territory. A local legal clinic, duty counsel, or community legal information service can explain how these orders work where you live.

How an Emergency Order Is Usually Requested

In some regions, if police believe you face serious and immediate risk, they may:

Contact a justice of the peace or magistrate directly, often by phone
Provide a summary of what happened and any safety concerns
Ask for specific conditions (for example, no contact or stay away from your home)

You might be asked brief questions, sometimes over the phone or by video, to help the decision-maker understand your safety needs. If an order is granted, police may serve it on the other person and explain that it is in effect right away.

No-Contact Rules in Plain Language

No-contact conditions are rules set by a court order, emergency protection order, bail order, or probation order that limit or ban contact between the other person and you. They are usually written in formal language, but the practical meaning is often:

No in-person contact at all (not at home, work, school, or public places)
No phone calls, texts, emails, or messages on apps or social media
No sending messages through friends, family, coworkers, or children
No following, monitoring, or “accidental” run-ins that are not truly accidental

Sometimes the order allows limited contact, such as text-only for parenting issues, or contact only through a lawyer or agreed third party. Read the wording carefully, if it is safe to do so, because “no contact” can sometimes have exceptions.

In many cases, if you are the protected person, you will not be charged for someone else breaking a no-contact order. However, if you have your own conditions or orders, you could have responsibilities too. Local legal information services can clarify this for your situation.

What If You Want Contact Later?

Court orders usually stay in place until they are officially changed. Telling the other person it is “okay” to contact you does not usually change the order. If you want an order changed, it normally has to go back before a court or decision-maker. This process varies by region and by the type of order.

Firearm Restrictions in Plain Language

In Canada, there are federal laws about firearms, and courts can also make orders related to weapons in family- and relationship-violence cases. While details depend on the specific law and the province or territory, conditions might include:

Restricting the person from owning, using, or having firearms, ammunition, or certain weapons
Requiring them to turn in existing firearms or licences to police within a set time
Barring them from certain places like shooting ranges or hunting areas for a period

If police are called to a relationship-violence incident, they may:

Ask about any guns or weapons in the home or vehicles
Temporarily seize weapons under public-safety powers, depending on risk
Tell the Crown prosecutor or court about any firearms when bail or other conditions are considered

If you are worried about firearms in the home, you can say this clearly to responding officers or to a victim services worker, if available. In most areas, this information is taken seriously in assessing risk.

Understanding What Applies in Your Situation

Firearm and weapons restrictions can come from different sources: criminal charges, emergency protection orders, family-law orders, or licensing laws. To understand how they apply in your case, a local legal clinic, duty counsel, or community legal information service may be able to explain options and next steps.