Who Do the Police Arrest if You're Both Fighting at Home?

 Posted on January 22, 2026 in Family & Domestic Violence

When police respond to a domestic dispute in Texas, they face a difficult decision. If both people claim the other person started the fight, or if both people have visible injuries, who gets arrested? Many couples are shocked when police arrest one or both spouses after a heated argument that turned physical.

Understanding how Texas police handle domestic violence calls in 2026 can help you know what to expect. If you or your spouse was arrested after a fight at home, our Wise County criminal defense attorney offers free consultations. Call us right away to discuss your case.

How Do Police Decide Who to Arrest in a Domestic Fight?

Texas law gives police specific guidance about arrests in domestic violence situations. Under Texas Code of Criminal Procedure Article 14.03, police officers can arrest someone without a warrant if they have probable cause to believe that person committed assault against a family member, even if the officer did not witness the assault.

When police arrive at a domestic disturbance call, they look for several things to determine who was the primary aggressor. The primary aggressor is the person who was mainly responsible for the violence, not just who threw the first punch.

Factors Police Consider to Decide Who’s the Aggressor in a Domestic Fight

Officers evaluate the situation by looking at:

• The severity of injuries to each person

• Who appears more fearful or defensive

• The history of domestic violence between the couple

• Whether one person acted in self-defense

• Who called the police

• Statements from witnesses or children in the home

• Property damage and who caused it

Police are trained to identify the primary aggressor rather than simply arresting whoever has fewer injuries or whoever the other person blames. Sometimes the primary aggressor is the person with more injuries because the other person defended themselves most effectively.

Can Police Arrest Both People in a Domestic Violence Case?

Yes, police can arrest both parties, and this happens more often than many people realize. When officers cannot clearly determine who was the primary aggressor, they may make dual arrests. This means both the husband and wife go to jail.

Dual arrests are controversial because they can punish victims who fought back in self-defense. However, police sometimes feel they have no choice when both people have injuries, both admit to physical contact, and the situation is unclear.

When Dual Arrests Happen After a Domestic Dispute

Police are more likely to arrest both parties when:

• Both people have visible injuries

• Both parties admit they hit each other

• The stories conflict significantly and there are no witnesses

• Both people appear aggressive and uncooperative

• There is evidence both parties initiated violence

If you were arrested along with your spouse, this does not automatically mean you will both be charged. The district attorney reviews the evidence separately and decides whether to prosecute one person, both people, or neither person.

Can You Drop Charges if You Don't Want Your Spouse Prosecuted for Domestic Violence?

This is one of the most common questions people ask after a domestic violence arrest. Many people believe they can drop the charges if they do not want to press charges against their spouse. Unfortunately, that is not how the Texas criminal justice system works.

In Texas, the victim does not press charges. The Wise County District Attorney's office decides whether to file charges. Once police arrest someone for domestic violence, the case belongs to the state, not to the couple involved.

Why Prosecutors Continue Domestic Violence Cases Without Victim Cooperation

District attorneys often prosecute domestic violence cases even when the victim does not want to participate. They do this for several reasons.

Victims Under Pressure

First, prosecutors worry that victims feel pressured to recant their statements or refuse to testify. Domestic violence often involves fear and control, so prosecutors cannot always trust that a victim's change of heart is voluntary.

Risk of Future Violence

Second, Texas law treats family violence seriously because of the risk of future violence. Assault against a family member under Texas Penal Code Section 22.01 carries penalties ranging from a Class C misdemeanor to a first-degree felony depending on the circumstances and prior convictions.

Additional Evidence

Third, prosecutors can use other evidence besides victim testimony. Police reports, 911 recordings, photographs of injuries, witness statements, and medical records can all support a case even if the victim refuses to cooperate.

What Happens if the Victim Refuses to Testify in a Domestic Violence Case?

When a victim refuses to testify, prosecutors can still move forward with charges. The district attorney might issue a subpoena that legally requires the victim to appear in court. If the victim ignores the subpoena, they could face contempt of court charges.

Some victims who do not want their spouse prosecuted will testify but claim they do not remember what happened or say their original statement was wrong. This strategy can backfire because prosecutors might show the jury that the victim is being untruthful or is afraid.

In some cases, when the victim will not cooperate and there is little other evidence, prosecutors might dismiss the charges. However, you cannot count on this outcome. Many domestic violence cases result in convictions even without victim testimony.

Call a Decatur, TX Domestic Violence Accusations Defense Attorney Today

If you or your spouse was arrested after a fight at home, you need a lawyer now. Even if you believe the charges will be dropped, you should not wait to get help.

Our Wise County criminal defense lawyer at Godwin Law Firm, PLLC offers free consultations and can review your case right away. We understand how domestic violence arrests work in Texas and can help protect your rights. Call Godwin Law Firm, PLLC at 940-255-0000 today to discuss your situation and learn about your legal options.