Are you a victim of family assault or domestic violence in Texas? If so, you may be feeling scared, isolated, and alone. You may be wondering what your options are and whether you can protect yourself and your family.
Texas domestic violence attorneys understand what you’re going through and we can help. We are experienced criminal lawyers who have successfully represented many clients in cases involving family assault and domestic violence.
We know the law and we know how to build a strong defense. We will work tirelessly to protect your rights and to get you the best possible outcome in your case.
If you’ve been charged with family assault or domestic violence, contact us today for a free consultation. We’re here to help you through this difficult time.
Highlights
Domestic Violence Definition
Family Assault Charges
In Texas, family assault and domestic violence are serious offenses prosecuted heavily by the state. These two terms are often linked together, but each is distinctive on its own.
Family assault involves physical contact such as pushing, slapping, or punching that results in bodily injury to a member of a family.
Domestic Violence Charges
Domestic violence is considered more severe and pertains to an individual committing abuse against another in their personal relationship with the intent to cause emotional or physical harm.
In Texas, this crime can include stalking or threats of violence towards an intimate partner or even interfering with that person’s ability to peacefully remain in their home.
Penalties for this offense range from fines and jail time all the way up to felony convictions which may have severe long-term consequences on an individual’s life.
Types of Domestic Violence Charges in Texas
It is important for anyone facing charges of domestic violence in Texas to be aware of the various types of charges that may be applied. Depending on the alleged behavior, a defendant may face criminal charges such as assault, aggravated assault, continuous violence against family members, lewd and lascivious acts against someone under seventeen years old, ignoring protective orders or violating any temporary restraining orders.
Furthermore, if there are injuries sustained during an altercation the charges may be increased to include bodily harm and immediate parole violation. It is critical that those accused of domestic violence take this information into account when preparing a defense in their case.
Family Assault & Domestic Violence Penalties
Family assault and domestic violence is a serious violation of the law in Texas, and it’s important to familiarize yourself with the penalties if you are ever charged with such a crime.
Depending on the circumstances, a person convicted of family assault or domestic violence may be sentenced to jail time, costly fines, supervised probation with counseling requirements, and other community service-related penalties.
Some convictions will even have lifelong implications like having their name added to the Violent Offender Registry. Considering the serious nature of these charges, individuals who are accused should seek out experienced legal counsel promptly in order to ensure that all their rights are protected and their case is handled appropriately.
Defenses to Family Assault and Domestic Violence Charges
If you’re facing family assault or domestic violence charges in Texas, it’s important to understand the possible defenses available to you. Generally, a defendant can rely on basic criminal law principles of defense such as self-defense, lack of intent and knowledge, compulsion, and entrapment.
Additionally, if the alleged victim recants or refuses to cooperate with prosecutors during a trial, this can help build your case. The facts of each case are unique and often require specific knowledge of Texas family law statutes. Therefore, the best approach is to contact an experienced criminal lawyer who can advise on the best way to present your case for a successful outcome.
Family Assault and Domestic Violence Lawyers
As a criminal lawyer in Texas, I understand what you’re going through if you are facing family assault or domestic violence charges. These charges can have dire consequences and it is important to have an experienced legal professional on your side.
I can provide invaluable insight into your case, educating you about state and federal laws. Moreover, I will assess the details surrounding your police report, looking for ways to fight back against the allegations.
My goal is to provide an effective defense strategy that ensures your rights and best interests are championed at every step of the legal process. Your future may depend on it and I’m here to help — call today to get started.
Family Assault & Domestic Violence FAQ
What is assault of a Family Member By Threat?
Assault of a family member by threat is a charge that is taken extremely seriously as it relates to physical or emotional abuse. This crime involves some form of threat, threat of physical harm or otherwise, made towards a family member which triggers fear and apprehension in that person from the perceived danger posed. It may involve verbal threats, actions intended to frighten the individual, or manipulations designed to keep them feeling afraid. No one should ever have to feel unsafe in their own home and, upon conviction of this offense, harsh penalties such as jail time, court ordered counseling, substantial fines, or all three, may be imposed by the court as punishment for this offense. As a criminal lawyer servicing clients who face charges such as these I am committed to helping them strive to get the best possible results given their unique circumstances.
What is Assault of A Family Member by Offensive Contact?
Assault of a family member by offensive contact is an offense that should not be taken lightly. It is defined as making physical contact with a family member in an insulting, provoking, or impending way. The consequences for this offense depend on the severity and nature of the situation, but may include fines, jail time, or even probation. When someone has been accused of this crime, it is essential for them to get legal help quickly to ensure their rights are properly defended. A criminal lawyer can advise on various ways to approach this issue and will strive to achieve the best possible outcome for their client. In cases like these where family is involved, having the right legal representation makes all the difference.
What is Aggravated Assault in Texas?
In Texas, an aggravated assault is defined as an attack on another person with the intention of causing serious bodily injury. This can include hitting, kicking, choking, or other acts of violence that are meant to cause harm. An aggravated assault also includes the use of a deadly weapon such as a gun or knife in any altercation involving two people. Depending on the severity of the incident and details about its underlying circumstances, a person convicted of aggravated assault could face fines and potentially prison time for up to 20 years. If you are facing a charge of aggravated assault in Texas, it is important to secure legal counsel from an experienced criminal lawyer in order to protect your rights and freedom.
What Part of the Texas Penal Code Covers Family Violence?
The Texas Penal Code devotes a whole chapter to defining family violence and outlining the criminal consequences for those that commit such offenses. Chapter 71 of the code outlines various scenarios as well as exceptions. It declares certain acts, like causing physical harm or abusing an elderly person in ones care, as punishable criminal acts regardless of the victim relationship to the perpetrator. Additionally, it outlines both misdemeanor and felony offenses related to domestic abuse which include everything from aggravated assault to stalking and neglectful homicide. With this extensive codification of the law enforcement and judicial systems approach towards domestic or family violence, victims can be sure they will receive justice if they choose to come forward.
What Agency in Texas Tries to Prevent Family Violence?
The Texas Council on Family Violence is a statewide nonprofit dedicated to ensuring the safety of victims and survivors of domestic violence and sexual assault. As a criminal lawyer, I have long appreciated their mission and the tremendous amount of work they put in to achieve it. The organizations key strategies include public policy advocacy, systems change, community engagement, and direct services such as crisis intervention, prevention programming, legal assistance, and additional supportive programs. Additionally, TCFV provides a plethora of resources to help spread awareness and understanding including a 24 hour hotline for anyone experiencing abuse or thinking of harming someone else. Texans are fortunate to have such a capable agency as the Texas Council on Family Violence working diligently every day to end destructive cycles of family violence.
How much does a domestic violence lawyer cost?
The cost of legal representation will depend on several factors, including but not limited to, the complexity of your case, the severity of your charges, and the experience of your attorney. Contact a criminal defense lawyer for more info.
If you are facing family assault or domestic violence charges in Texas, it is important to have a clear understanding of the charges against you as well as the possible defenses. An experienced criminal lawyer can help you navigate the legal system and protect your rights. The penalties for family assault and domestic violence in Texas can be very severe, so it is important to get started on your defense as soon as possible.
Texas Legal Citations
- Notes on the registry of violent offenders in Texas https://www.dps.texas.gov/section/crime-records-service/texas-sex-offender-registration-program
- Texas Council On Family Violence estimates that one in three Texans will be domestic violence victims https://www2.texasattorneygeneral.gov/initiatives/family-violence/
- Texas Family Code Title 4, Sub-Title A, Chapter 71 Sec. 71.004
“Family violence” means:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021. Full statute at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm