Michael, I need your help. This is a 15-year-old child. We have a history of violence between allegedly between mom and daughter. [music] And that's >> I never stopped >> Now at the time, I'm just trying to tell you >> She she's threatening to get a knife. She's bigger and stronger than my client. >> What's she on probation for? >> Um trying to stab her older sister, my other daughter. >> In the rushed atmosphere of a Harris County probable cause hearing, Ms. Walker was quickly labeled the aggressor in an alleged assault against her 15-year-old daughter based solely on police summaries, a minor injury, and an officer's video interpretation that ignored critical context. After an arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves serious bodily injury to the victim or the use or exhibition of a deadly weapon during the commission of an assault. A perceptive judge halted the momentum, reviewed the actual video, verified the daughter's juvenile probation for attempting to stab her sister, and recognized the mother's repeated calls for help with a violent, out-of-control teen, ultimately protecting the parent from a flawed, one-sided police narrative. >> Ms. Walker, you're charged with assault of a family member. You're facing up to a year in jail and/or a $4,000 fine. We are going to do probable cause. You have the right to remain silent. Anything you say can and will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you immediately. >> Yes, sir. >> Okay. >> On November 4th, 2024, an officer was dispatched to a family disturbance call at a residence in Harris County, Texas. The complainant, a 15-year-old, stated that the defendant, her mother, assaulted her after they got into a verbal argument. The complainant stated the defendant displayed verbally aggressive behavior towards her, grabbed a hold of the complainant's left wrist, and said, "If you come near me, I'll beat your ass." And began to engage in a physical altercation with the complainant. The complainant stated the defendant, using both open hands, placed the complainant in a headlock, and the complainant felt pain. Both law enforcement and CPS records indicate a history of physical altercations and verbal altercations between the complainant and the defendant, and the officer observed video footage is the defendant acting as the [clears throat] primary aggressor towards the complainant and observed a minor injury cut on the complainant's left arm. >> [music] [clears throat] >> So, we have prior violence, any prior charges? >> There's no prior injury. >> No prior injury to a child, felony charges? >> No, your honor. >> Child means 14 years or younger. >> [clears throat] >> Okay, ma'am, I'm going to find that there's probable cause to go forward with the case. >> No, your honor, if you don't >> Don't. Now's not the time, ma'am. You have the right to remain silent. Exercise that right. I've got a bunch of DAs here. Anything you say, they're going to use it against you. Um guys, what do we do about contact? You know? Yeah, well, so Michael, I need your help. You know? >> [clears throat and music] >> We This is a 15-year-old child. We have a history of violence between allegedly between mom and daughter. >> Yes, judge. >> Now, we have an assault case against a 15-year-old. And according to what Alex says, there's a history of it. It's unacceptable. >> [music] >> Judge, >> Do you have a lawyer, ma'am? >> Um I'll be retaining a lawyer, but there's no history of violence between >> He's You're calling for a walker? >> Yes. >> Which walker? [music] >> One walker. In custody. Uh thank you. >> [music] >> So, what my plan was and I already spoke to my people about this is we were going to check the offense report to see where the child was taken. Were they taken to CPS custody, to state custody, was there some other guardian? Um once we're aware of where the child is, we are going to be asking for a no contact order to be granted based off of the allegations and the history of violence. >> Well, now, is there something that we can do now as far as finding out where the child is? >> Well, we're going to call CPS today and see if they're in state custody. The offense report also might indicate uh where it is. If not, we can call the officer and they should know. >> Yeah, let's let's I'd like to because I think it's serious. I mean, if if if we have a history of violence, I don't want that to happen anymore. >> There's no I know you're I know that you're telling me no, but I have other people that are telling me differently. I've never >> Okay, well, just ma'am, don't you know, it's not the time, but my primary concern is the protection of every single person in Harris County. Bar none. That's it. Especially if it's a child. >> And I'm not a threat to my child, I promise you. >> You are now charged with assault, ma'am, on that 15-year-old child. >> I never assault >> Now is not the time, I'm just trying to tell you if I find that there is a history of violence with the child, I'm not I'm going to order you not to have contact with this child. >> I understand. >> As it stands now, >> but I promise there's no history of violence. >> I'll do a magistrate's order for emergency protection that identifies E.J. as a protected individual. >> I have to take her to appointments and stuff like that. >> Please listen. Okay, I I know that you're trying to think of stuff to say, >> I know I'm not >> but I want you to listen because this is a very important stuff and if you don't hear it correctly, you do something to violate this court order, they're going to file additional charges against you. I'm entering an order for protection for that 15-year-old child. She's now a protected individual. You cannot commit family violence or an assault against this person. Commit an act in furtherance of an offense under Section 42.072 of the Texas Penal Code, which is the stalking statute. You cannot threaten, harass, use another person to communicate a threat or harassing behavior. >> [music] >> You cannot be in possession of a weapon. Typically, this also comes with a residential restriction that you're not to go within 200 ft of where she lives or where she works. >> [music] >> Do you understand? Okay. I'm entering this order now. We will try to figure out about how we go from here, but >> [music] >> my only concern is the protection of this child. To me, nothing else matters. I know that you're telling me one thing, but the evidence >> [music] >> will >> [snorts] >> show what it shows, and that's going to point to whose side is correct. So, for now, I'm just going to have them reach out to see where the child is and how we go forward. So, for now, I'm going to have you sign a reset, and then we'll just have you take a seat in the jury box, please. Guys, ever get a callback? >> [music] >> No, Judge, we did. Uh So, Judge, I meant to do this. We sent in the the defense in the room. Oh, okay. I'll let defense >> You know, I showed him some video of the alleged assault, I believe. Uh of course, I haven't gone through the state's discovery, but this, in my opinion, is a child out of control. She's on juvenile probation in Tarrant County, according to her mother. Uh the the complaint says that she caused bodily injury by grabbing her. I mean, the the complaining witness has a statue. She She's threatening to get a knife. She's bigger and stronger than my client. My client's called the police numerous times. This is why we appoint. >> And so, I I think there's two sides, right? >> I think this is almost enabling the child. When the police come, the police saw all this, but they're so sick of going out there. They're like, "We're We're somebody else's >> But I don't understand why they wouldn't if they If you see this, Michael, did you see it? >> I saw the video, Judge. I I >> [music] >> Based off of what I saw and what defense told me, I'm unopposed to removing the residency restriction to not granting a ball at all and to just >> No more. I I wouldn't. >> Okay, I mean if that's what you think, I'll go with what you think. >> It's what they're telling me, judge, and I did corroborate them some of the information as well. We're just going to subpoena [clears throat] the CPS records to take a >> Come on, Ms. Walker. Come on. So, I guess the $25 million question is how do you wrangle in a child who's out of control? >> I've been doing everything in my power to love her, do everything to help her get some type of mental help. I've submitted had her admitted to several programs. I've even contacted CPS myself personally, had them come out to the house. >> [clears throat] >> She got up and walked out on us. I've tried therapy, I've tried medication. >> No hell no fury is a scorned 15-year-old. >> I tell you what. I mean, I remember I was 15. Oh god. And I hope >> [clears throat] >> it doesn't I know it's going to happen to me. Just like What's she on probation for? >> Um trying to stab her older sister. My other daughter. And that's in Tarrant County. >> In Tarrant County. >> And juvenile case. >> Um >> Felony. >> So, I'm at your disposal. I guess whatever you want, man. I'll I'll take off the I won't do the order for protection. Um Just be careful, you know. I won't put any I'm not Michael, I'm not going to put any conditions either, I guess, you know. >> I would just say no threat of harassment, judge, if if the court's inclined to do that. Unless it's some sort of a >> how do you handle a 15-year-old? >> How can you be a parent, you know? How can you be a parent if, you know, it's almost like you're disarmed and the child can do whatever she wants. And if you touch me, well, you're going to jail. >> Correct. >> I mean, imagine that. A child will have unfettered access to And the >> We have told her if you feel triggered, you can leave and take a walk. Well, that walk turned into her being gone for 7 days. >> My lord. Um, you want to bring her here? She'll come here. I can try to talk to her. Show her the jail? I don't know. She's been to jail >> [music] >> in Tarrant County already cuz she continues to violate. >> Well, that's that's the juvenile detention. It's not the same thing. >> [music] >> I don't know. I mean, I don't know how much I don't know how worse juvenile detention is versus regular jail. >> She had an ankle monitor but it was cut off. >> It's it's it's not it's not like the jail. >> Really? >> Yeah, they're in plain clothes. They're not they're not in handcuffs. They have plenty of hours. >> Really? >> It's completely different. >> It might as well be a playground. >> Yeah. >> Wow. >> It's not like Dr. Phil where you send them to the No, no, no. >> Okay. >> No. >> I'm not going to put any Just be careful, you know? I just it's evident she's bringing you down, too, and I'm I'm I'm so sorry I'm for it, you know? You're welcome to come bring her here. We'll try to help you out. I'll >> Yes. >> If she'll listen to me, I'll try to talk to her. Whatever you need. At your disposal, you know? >> Thank you. I appreciate that. >> Um, you ever need funds for anything, just let me know. That's why, you know, I wanted to appoint you someone because there's always two sides, right? You know, we get one side here, but a lot of times you don't get the other side and a lot of times we take that for granted and it's it's good to have another ear and just so that we always know we get a complete picture and it's just so important. So, I'm sorry you're going through that and I hope it gets better. You know, if you keep loving, I got to imagine she's going to get better. >> Really? >> Cuz I tell you, I was the same way. >> Hell on wheels. >> You know, and and if it weren't for my folks, holy moly, I don't know where I would be, you know? Really. [music] So, okay, man. Thanks. So, we've given you a lawyer. Just stay in touch with James. He'll tell you when to come back, what you need to do. I'll waive your appearance. You you have to waste your time coming to court. Just stay in touch, and then you guys work it out, okay? Okay. That's up to you. >> So, it's the protective order and the >> No conditions, no. >> And no conditions. Okay. Well, just hold on to it, then. >> Yeah, we'll shred it. Just shred it. >> This reversal showcased how a discerning magistrate can override hasty law enforcement framing and protect an innocent party from wrongful consequences. As the evidence revealed no primary aggressor status for the mother and no basis for continued separation or disarmament. Texas Family Code Section 85.001 A. At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. By prioritizing full context over rushed probable cause assumptions, subpoenaing CPS records, viewing the actual video, and acknowledging the daughter's history of felony-level violence, the judge prevented a bad cop-driven narrative from destroying a family's stability, granting the mother freedom to continue parenting without fear of automatic criminalization for any physical response to threats. In doing so, he highlighted the vital role of judicial scrutiny in family violence cases, where initial police reports can mislead and smart bench decisions restore fairness before irreversible harm, like lost custody or permanent records, takes hold.