Your life can be upside down within hours of an arrest for family violence. No time passes, no word of accusation comes from somebody you know and you are handcuffed, charged and affected in ways you could not have imagined within and without the jail. These cases can be tried quickly in Texas and with some serious repercussions. The most useful advice that you can take at this time, if you or a loved one has been arrested for domestic violence charges in any county of Southeast Texas or in Harris County is to consult with an experienced criminal defense attorney before you make any statement to law enforcement officials.

What is Family Violence in Texas?

This is something that many don’t know until it happens to them. Family violence is defined in the Texas Family Code as any act or attempted act of physical harm, injury, assault or sexual assault by a family or household member upon another family or household member without the protection of the law.

This is more than what some may think, as Texas law defines family members or household members. The law applies to former spouses, family members, parents who never were married to the child, and foster families. It also comprises a collection of people who reside in the same dwelling, however, whether they’re family or not, and also individuals who have already stayed with him or her in the same house. In fact, there are various kinds of relationships which can result in family violence charges, and occasionally, it could be in a circumstance that an individual wouldn’t assume is a family circumstance.

Under the Texas law, what is dating violence?

The Texas law also provides a definition for dating violence which is defined as any physical or sexual abuse inflicted by a person the alleged victim has or has not had a dating or intimate relationship with. 

What are the various types of charges that are associated with family violence in Texas?

Family violence is not a one-off event. It is an umbrella term for a group of specific offenses, which can be perpetrated under different conditions, depending on the circumstances of the crime and the persons involved. The severity of charges will typically relate to the degree of the injury that is reported and to the history of criminal activity of the accused.

Salinas Defense regularly provides protection against common families.

The elements, evidence required and penalties for each of these charges are different. It is crucial to have a defense attorney who knows the differences between them in order to develop the right approach to your individual case.

What is the meaning of Family Violence Sentences?

In addition to criminal penalties, a Texas family violence conviction has collateral consequences which can last for decades. These range from restriction on the right to hold a gun under state and Federal law, significant impacts on child custody proceedings, loss of professional licenses and employment, to a permanent criminal record that will appear in background checks. An experienced domestic violence attorney will create a defense strategy that will take into account these downstream effects as well as the charge.

How come that false accusations are common?

A family violence lawyer’s job can be difficult in many ways, one of the biggest being the process of determining who is at fault. The police who show up at a domestic scene will arrest the person on the scene and often the information that they are given is not all it’s cracked up to be, or it’s incorrect or has been embellished at the end of a heated confrontation. Prosecutors will generally proceed with charges after arrest, even if he or she has changed his or her mind, or if the alleged victim has dropped the charge or said he or she doesn’t want charges filed.

Talk to a criminal defense attorney at the earliest time possible to help get your case going before important decisions are made without legal counsel.

Record as many details as possible of what occurred, including names and details of persons involved.All of these actions protect your legal rights, and can be difficult to remedy if you don’t do them.

What is the importance of Early Legal Intervention?

The period of time before and after an arrest is the most significant time in a family violence case. The conditions of bail (bail conditions) have been established. Emergency protection order is issued. Prosecutors start putting together their case. If you’re without a lawyer at this period, you’re on a wild ride through each one of these motions without someone fighting for your rights—or against actions and scenarios that might work against you throughout the lawsuit.

Salinas Defense provides defense services throughout Houston, and also in Pearland, Baytown, Pasadena, Seabrook, Friendswood, La Porte, Galena Park and other areas of Southeast Texas. The firm takes cases and provides free, confidential legal counsel at any time of day – there are no “family violence hours” when you can get arrested.

Conclusion

Facing family violence charges in Texas should not be taken lightly; it’s a serious legal issue. Charges are complex, the ramifications of a conviction go well beyond court, and the legal process can be swift and can be to the detriment of those who do not start the process with a well-trained advocate. If the charges against you are inflated, totally fabricated or actually quite complex of what actually occurred, you are entitled to a strong and robust defense. Look for a trained professional’s help. Don’t let your case get away, give Salinas Defense a call and speak to a crime defense attorney.

Frequently Asked Questions

Can a family violence charge be dropped if the alleged victim doesn’t want to press charges? In Texas, the decision to prosecute rests with the state, not the alleged victim. Even if the person who made the initial report wants to withdraw the complaint, prosecutors can and often do continue pursuing charges independently. This makes having strong legal representation critical regardless of the alleged victim’s position.

What is the difference between a Class A misdemeanor and a felony family violence charge in Texas? The distinction typically depends on the severity of the alleged injury, whether a weapon was involved, whether strangulation occurred, and the accused’s prior criminal history. Penalties range from up to one year in jail for a Class A misdemeanor to five to 99 years in prison for a first-degree felony conviction.

Will a family violence conviction affect my right to own a firearm? Yes. Under both Texas state law and federal law, a family violence conviction can permanently strip you of the right to possess firearms. This is one of the most significant collateral consequences of a conviction and a strong reason why fighting the charges with experienced legal help matters so much.