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Texas Domestic Violence Charges: What You Need to Know
John D.
Domestic violence is a serious problem faced by many families throughout Texas. Domestic violence is a common term that explains patterns of behavior in which one person seeks to control or dominate another person, within an intimate relationship. Texas has strong laws, harsh penalties and low tolerances for those involved in domestic violence charges.
If you are facing domestic violence charges in Texas or know someone who is affected by domestic violence, it is important to understand the legal implications of the criminal justice system and the steps to take. This blog provides you with everything you need to know about Texas domestic violence charges including definitions, penalties, defenses, etc.
Domestic Violence In Texas
Domestic violence, under Texas law, includes physical harm, threats of harm, or some other form of abuse that is against a family or household member. Texas defines family members as current and former spouses, parents, children, individuals living together, and dating partners. Depending on the particular circumstances, abuse can be evident in physical, emotional, psychological, or financial abuse.
In Texas, any behavior that causes harm or instills fear of harm can be considered domestic violence. Some of this behavior includes hitting, kicking, choking, or simply threatening harm. In addition, continually belittling someone emotionally, or humiliating them, in a relationship to control another person could also be considered abuse. Financial control, for instance, restricting a partner’s access to money or controlling the ability to work, is also abuse.
Key Texas Domestic Violence Laws
The Texas law is specific about what constitutes domestic violence and how it is prosecuted. The most important legal provisions related to domestic violence in Texas are mentioned in the Texas criminal law and the Texas Family Code.
The Texas Penal Code Section 22.01 outlines assault as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another person, or causing physical contact with someone knowing they will find it offensive. If a family or domestic members are involved in this attack, it is classified as violence in the home. Based on the severity of injury and conditions in the case, domestic violence may vary from a Class A misdemeanor to a second-degree felony.
Texas Family Code controls protective orders related to domestic violence and other civil aspects related to domestic violence, such as custody of children in cases of domestic violence.
Penalties For Domestic Violence in Texas
The penalty for accusations of domestic violence in Texas varies depending on the severity of the offense. Crimes of domestic violence can lead to both criminal and civil consequences, including fines, probation, imprisonment, and long-term social consequences.
- Misdemeanors: If a Class A misdemeanor, the defendant can be sentenced to up to 1 year in county imprisonment and a fine of up to $ 4,000. This usually applies in cases where the injury is less severe, or before crimes have a history.
- Felony: If the crime involves a more serious injury or a repetition of a crime, it can be charged as a felony. The judgment of a third-degree felony may be in prison for 2 to 10 years, while a second-degree felony can lead to 2 to 20 years in prison. Felony is generally for more severe attacks or suffocating cases, involving strangulation, threatening with a weapon, or hospitalization.
- Aggravating Factors: The former punishment or use of a weapon for domestic violence, such as domestic violence, can even cause stiffer punishment.
There are also long-term results in accusations of domestic violence that are outside the prison. Permanent criminal records, loss of custody of children, difficulty finding work, and stressful relationships with friends and family.
Defenses Against Domestic Violence Charges
If you are accused of domestic violence in Texas, there are many defenses that your lawyer can use to challenge claims. Here are some common defenses:
- Self-defense: Texas Law lets individuals use the right amount of force to protect themselves from injury. If you worked in self-defense, your lawyer may claim that the force used to protect you from the actions of the alleged victim was needed.
- False claims: Sometimes, individuals are falsely accused of domestic violence. This can result in a breakup, custody struggle, or a misunderstanding. Your lawyer can work to show that the claims are untrue.
- Lack of intentions: To be convicted of domestic violence, the prosecution must prove that you intended to cause harm. If the loss was unknown or random, your lawyer could claim that there was no criminal intention.
- No evidence of injury: In some cases, there can be no physical evidence of injury, and the claims can only be based on the accuser’s words. Your lawyer may claim that the allegations should be removed without enough evidence.
Impact Of A Domestic Violence Conviction
A penalty for domestic violence can have serious consequences, both legal and personal. Some permanent effects of domestic violence include:
- Criminal record: A guilty plea will appear permanently on your criminal record, which makes it difficult to find work or housing.
- Restraining orders: A domestic violence conviction often results in a protective order or restraining order. These orders can prevent you from contacting the victim or staying in your home, especially if it was shared with the victim.
- Child custody: Domestic violence is doomed to influence your ability to get children’s custody or make it insecure.
- Social stigma: Claims of domestic violence can cause the disclosure of personal matters, damage to your reputation, and social isolation.
What to Do if You’re Facing Domestic Violence Charges
If you’re facing domestic violence charges, immediately contact an experienced criminal defense attorney. Avoid contacting the alleged victim, especially if a protective order exists. Gather evidence to support your defense, stay calm, and follow court orders to prevent further legal complications. Act quickly to protect your rights.
Conclusion
Facing domestic violence charges in Texas can have significant legal and personal consequences. It is important to understand laws and potential defenses. If you face such claims, it is necessary to seek legal advice. Contact L&L Law Group today for reliable, experienced guidance through your legal process. Protect your rights and future.