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Who can make and file a complaint for disorderly conduct in Texas?
Wiki User
∙ 15y ago
Disorderly conduct is a class "C" misdemeanor - the same offense level as a traffic ticket.
Whoever witnessed the disorderly conduct can file the complaint, provided they have the legal standing to do so. Infants and children, for example, cannot file but their parents might be able to file for them.
In general, complaints are often filed by a police officer who writes the offender a ticket. The offender may also be arrested. However, if the officer(s) did not see the offense they will not file the complaint themselves. In that case, the burden falls onto the person who witnessed the disorderly conduct.
If an officer responded to an incident, but did not see the incident, some police agencies allow citizens to sign the officer's ticket book which, in effect, files the complaint. Other agencies require the complainant to go to a local court.
The court one chooses depends on the jurisdiction where the offense happened. This is important. The jurisdiction does not depend on where one lives or where one chooses to complain, but where the offense occurred. There may be overlapping jurisdictions where any agency might accept the complaint, or they may have some internal agreement about dividing up the case load. One must ask them to find out.
Within a municipality, one would normally file at the municipal clerk's office. Outside a municipality, one would usually file through the justice of the peace in the precinct where the offense occurred Any person in Texas (the law is not age specific) can make arrests for felonies and crimes against the public peace committed within their presence or view (Code of Criminal Procedure § 14.01). Disorderly conduct is a crime against the public peace as it falls under Title 9 of the Penal Code "OFFENSES AGAINST PUBLIC ORDER AND DECENCY."
Wiki User
∙ 15y ago
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