What Is Domestic Violence?
Family violence or domestic violence is a serious crime in Dallas county that carries life-changing consequences for those found guilty.
While there are genuine cases of domestic violence in Dallas, false allegations and misunderstandings are also prevalent.
Accusations of domestic violence can be the result of various underlying issues. Purported victims of domestic violence may falsely accuse family members or someone with whom they are in a romantic relationship for various reasons. These reasons can include jealousy, rage, child custody conflict, or a desire to acquire a stronger standing during a divorce proceeding.
Domestic violence cases can result in devastating consequences such as lengthy jail terms, hefty fines, and a permanent criminal record. A domestic violence lawyer can help you prove your innocence in court if you believe you’ve been wrongfully accused.
How a Family Violence Charge Can Arise
Police are trained to arrest someone when called to a domestic violence incident.
After the arrest, the police would file a domestic violence case. This usually happens whether or not the alleged victim wishes to press charges. If the state takes up the domestic violence case, things can spiral out of control.
To give yourself the best chance to defend yourself, you should consult with a family violence lawyer if you have been accused of a family violence offense.
Punishment for Domestic Violence Charges
Potential penalties may be jail time, a long period of probation, prison time, paying hefty fines and having the charge appear on an individual’s criminal record for life.
Trustworthy Family Violence Defense Lawyers
Dallas family violence lawyers are well-versed in domestic violence cases, whether they are misdemeanors or felonies.
A family violence lawyer can help you defend against some of the following matters:
- Assault Causes Bodily Injury Family Violence or Assault Family Violence
- Assault Family Violence Impeding Breath or Circulation
- Aggravated Assault Family Violence Serious Bodily Injury
- Unlawful Restraint
- Sexual Assault
- Terroristic threat
- Injury to a Child or Elderly
Is it Worth Hiring a Lawyer for a Domestic Violence Case?
Here are some reasons why you should consider speaking with a family violence lawyer for any family violence charges:
- Preparing for court can be stressful and time-consuming. You can avoid the stress and save time by having a family violence lawyer do this on your behalf.
- A family violence lawyer with a strong criminal defense lawyer background possesses the relevant knowledge and experience to assist you in achieving the most favorable outcome possible. They can also conduct investigations to help you prove your innocence or discover the flaws in the government’s case against the accused.
- A family violence lawyer may be able to expunge the domestic violence charges under specific circumstances, such as if the accused has to go through counseling or therapy.
- If you are found guilty, family violence charges can have serious consequences. Penalties for the crime include hefty fines or lengthy jail or prison time, or a long period of probation. However, a family violence lawyer may be able to argue on your behalf for less severe penalties or even a dismissal.
How to Hire an Experienced Family Violence Lawyer
Here is Dallas Criminal Defense Lawyer James T. Chiles’ advice on picking an attorney that you can trust to achieve the best results for you or a loved one: When you call to hire them, are they easy to reach? When you ask them questions, were the attorney’s answers simple and direct? Did this attorney make you feel like they could be trusted? Did they have any idea about what the plan would be in a case like yours? Are they aware of some common defenses? Have they taken a case like this to trial? How often do they go to court where you are being prosecuted? Do they know the prosecutors and judges? Are they going to put your case on the backburner because they are too busy? All of these are factors to consider when selecting an attorney for your criminal case.
While there are no guarantees, being represented by an experienced domestic violence attorney can give you a good chance of obtaining a positive conclusion to your domestic violence case.
Definitions of Family Violence in Texas
Chapter 71 of the Texas Family Code outlines the different family violence offenses depending on the circumstances. The key offenses are described in the following below.
Family Violence
Family violence, also known as domestic abuse or domestic violence, is the intentional act committed by one family member against another to cause physical harm, bodily injury, or assault on them. Family violence also includes any acts of sexual assault.
Under the Texas Family Code, a family member is somebody who is linked through blood or marriage. These include a past spouse, parents of the same child, foster parents, or stepparents
Dating Violence
Dating violence is a deliberate act committed by a person against another person they are presently or were previously in a dating relationship. This deliberate act causes physical bodily injury to the person they are presently or previously in a dating relationship.
Family Violence Assault
An individual may be charged with family violence assault family under Texas Penal Code 22.01 if the individual deliberately, knowingly, or carelessly causes bodily harm to a family member, household member, or anyone they are in a romantic relationship with.
The Family Codes defines a household member as anyone who lives or has previously lived in the same home. This definition covers persons not related by blood, such as housemates.
Aggravated Family Violence Assault
An individual may be charged with aggravated family violence assault under Texas Penal Code 22.02 if they commit assault with a dangerous weapon against a family member.
An individual could also be charged with this offense if they inflict serious bodily injury to a family member, household member, or anyone with whom they are in a romantic relationship.
Violation of Protective Order
A violation of a protective order is defined in Section 25.07 of the Texas Penal Code as knowingly or wilfully breaching the provisions of a protection order taken out against an individual.
This includes speaking with the family member who obtained the protective order or visiting their home or place of work.
A protective order is a court order issued if a judge determines that family violence has happened and is likely to occur again. It is also known as a restraining order, protection against family violence, or protection order.
Injury to a Child
An individual may be charged with an injury to a child under Texas Penal Code section 22.04 if they deliberately, knowingly, carelessly, or with criminal negligence inflict physical damage or serious bodily injury to a child.