DOMESTIC VIOLENCE DEFENSE LAWYER IN TEXAS

What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence in Texas carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Texas with a domestic violence or related offense, it’s imperative to contact a domestic violence defense attorney.

You have rights, and at The Lowe Law Office, PLLC, we are here to uphold your rights and defend any allegations made against you. Call us at (817) 678-5080 to schedule a Free Consultation today.

DOMESTIC VIOLENCE IN TEXAS

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, family members, household members, or relatives. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, pushing, and kicking. However, it could extend to other patterns of abusive behavior that lead to other crimes, such as threats of violence, sexual abuse, emotional abuse, and financial abuse.

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
violate a qualifying Protection Order (18 U.S.C. Section 2262)

CONSEQUENCES OF ALLEGED DOMESTIC VIOLENCE IN TEXAS

When a defendant is charged with a domestic violence offense, the court has the power to order a protective order, also referred to as a restraining or no-contact order, depending on the jurisdiction. Protective orders can be made even when the defendant isn’t present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.

When a protective order or a no contact order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

It can restrict a defendant’s contact with the victim and their children; and
It can require the defendant to leave the family home and have to live somewhere else for 60 days, 90 days, or until the case is resolved (plea, dismissal, or trial).

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.

Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant’s ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.

PENALTIES FOR DOMESTIC VIOLENCE

The sentencing options for domestic violence depend on the severity of the allegations by the “victim”, whether the victim is part of a protected class (such as elderly, disabled, pregnant, etc.) the extent of injuries the victim allegedly has, and the defendant’s criminal history. Generally, penalties can include but are not limited to:

Fines
Probation
Domestic violence treatment or counseling programs
Imprisonment

When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:

the level of injury sustained by the victim
whether a weapon was used or a child witnessed the crime
whether the crime violates an existing protection order
the personal characteristics of the victim, such as older age or pregnancy

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in Texas.

CAN DOMESTIC VIOLENCE CHARGES BE DROPPED IN TEXAS?

Domestic violence charges can be dropped, but only by the State. If the victim says they do not want to prosecute, the State can still prosecute, but the State may have a harder time proving the case without a cooperative victim. It is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the restraining order. Even if the victim no longer wants the protective order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order may not only be a violation of bond and get you arrested, it can be a new criminal offense.

DEFENSES TO DOMESTIC VIOLENCE ALLEGATIONS IN TEXAS

A person can and should defend against a domestic violence charge in Texas. However, the specific defenses available to a defendant will depend on the circumstances of their case.

Some common defenses include:

Self-defense or defense of others, where reasonable force was used to prevent an attack or respond to an attack
Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
False allegations, where the victim has lied about what happened
Accident, or a lack of mens rea, i.e. where the defendant unintentionally caused the injury

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant’s personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations.

CONTACT A DOMESTIC VIOLENCE DEFENSE ATTORNEY IN TEXAS TODAY

If you’ve been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at The Lowe Law Office, PLLC immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at (817) 678-5080 to schedule a Free Consultation today.