Can You Be Arrested for a False Report in a Family Violence Case? Insights from Former Prosecutors and Houston Criminal Defense Attorney

Can You Be Arrested for a False Report in a Family Violence Case?

Houston Criminal Attorney Family Violence

Family violence cases often involve emotional turmoil and legal intricacies, leaving many to wonder: Can you be arrested for providing a false report if you later change your story? To explore this question, we draw on insights from Brian Foley and Luis Baez, both former Texas prosecutors turned criminal defense attorneys, who offer a seasoned perspective on how these cases unfold within the legal system.

The Likelihood of Arrest for a False Report

In Texas, altering your statement in a family violence case is more common than you might think, yet it rarely leads to an arrest for filing a false report. According to Texas Penal Code § 37.08, knowingly making a false statement to a peace officer can constitute a Class B misdemeanor, punishable by up to 180 days in jail and a fine up to $2,000. However, in the context of family violence—typically classified as a Class A misdemeanor under Texas Penal Code § 22.01—prosecutors seldom pursue such charges when someone recants. Luis Baez notes that "more likely than not, you're not going to get arrested for coming back later and offering a different version." Brian Foley echoes this, stating he’s never seen a prosecution for a false report in a standard family violence case, such as an assault or impeding breath incident.

The exception? More serious allegations, like sexual assault (a felony under Texas Penal Code § 22.011 or § 22.021), where the stakes are higher, and prosecutors may be more inclined to pursue charges if evidence suggests a report was fabricated. For misdemeanor family violence cases, though, the system often anticipates shifting narratives due to the emotional dynamics at play, making arrests for false reports an rarity.

Challenges in Prosecuting and Defending Family Violence Cases

Family violence cases present unique hurdles for both prosecutors and defense attorneys. On the prosecution side, cases often hinge on the victim’s word, which can be unreliable. Foley explains that newer prosecutors, common in counties like Harris and Montgomery, may take police reports and victim statements at face value, assuming guilt from the outset. This reliance on subjective testimony can complicate matters when statements change.

For defense attorneys, the goal is often pragmatic: extract the client from the system. Foley candidly admits, "Our job is to get you out by any way that we can get it to happen," even if the full truth doesn’t emerge. Justice, as Baez reflects from his prosecutorial days, isn’t about winning every case but seeking a fair outcome—a principle that can get lost in the adversarial process.

Texas law defines assault broadly under § 22.01(a)(1), requiring only "bodily injury," which includes any pain—no visible marks necessary. This low threshold means cases can linger, even with minimal evidence, posing a challenge for defendants seeking swift dismissals.

The Power of Evidence-Based Prosecution

Both attorneys emphasize the value of objective evidence in cutting through the he-said-she-said nature of family violence disputes. Foley highlights tools like "911 calls, photos, and medical records" as critical for building or dismantling a case. A strangulation case with handprint bruises, for instance, carries weight unless countered by clear evidence of self-defense, like a video.

This evidence-based approach, often termed "evidence-based prosecution," allows prosecutors to proceed even if a victim recants, as long as corroborating proof exists. For defendants, it’s a double-edged sword: strong evidence can sink their case, but weak or absent evidence offers a path to dismissal when reasonable doubt persists.

Protective Orders and Bond Conditions: Hidden Traps

Beyond the initial charge, family violence cases often trigger protective orders and bond conditions that can upend lives. Under Texas Code of Criminal Procedure § 17.292, magistrates can issue protective orders lasting 61 days for misdemeanors or 91 days for felonies involving deadly weapons, barring defendants from their homes—even before a guilty verdict. Foley notes, "The courts have consistently held that protective orders are valid," leaving little room for challenge.

Violating these orders or bond conditions isn’t just a slap on the wrist—it’s a separate Class A misdemeanor under Texas Penal Code § 25.07, carrying up to a year in jail and a $4,000 fine. Baez warns that even if the other party moves away, returning to a restricted address can land you back in custody. Ignorance isn’t a defense, making legal guidance essential to avoid compounding charges.