If you are facing the consequences of a domestic violence charge, do not wait to give our firm a call today. Our skilled Houston family violence defense attorneys are on your side no matter what. Here are some questions you may have:
How Does Texas Define Domestic and Family Violence?
Under Texas law, domestic violence is generally referred to as family or dating violence. The actual legal charges depend heavily on the relationship between the parties and whether the threat or action was intended to cause harm.
Family Violence in Texas
In Texas, domestic violence is defined as 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;
Key Legal Terms in Texas Domestic Violence Cases
Texas’s domestic violence law centers heavily on specific relationships that determine the categorization of domestic violence
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- Family (Texas Family Code §71.003): this includes individuals related by blood or through marriage, individuals who are former spouses of each other, individuals who are parents of the same child, without regard to marriage, and a foster child and foster parent, without respect to whether those individuals live together.
- Household (Texas Family Code §71.005): This is defined as a unit made up of people living in the same dwelling, without regard to whether they are related to one another.
- Member of a Household (Texas Family Code §71.006): This includes someone who once lived in a household.
- Dating Violence (Texas Family Code §71.0021): Generally, a dating relationship is based on the length and nature of the relationship. Certain actions in a dating relationship may be considered dating violence if they cause or intend to cause injury or assault, or they place the person in reasonable fear of imminent harm.
Types of Criminal Charges That May Be Treated as Domestic or Family Violence
Under Texas law, there are a number of offenses that could be considered family violence depending on the facts of the case. As such, if the Harris County Court finds that a family relationship is involved, enhanced penalties may be applicable.
Common Offenses Prosecuted as Family Violence
It’s important to understand that there are several charges that are commonly associated with domestic violence in Texas, including:
- Assault
- Stalking
- Kidnapping or unlawful restraint
- Continuous violence against the family
- Assault by strangulation
- Violation of a protective order
- Harassment
- Child abuse
In addition, the charges that may arise will depend on the type and severity of the offense.
It’s also important to understand that, even if the alleged victim does not want to press charges, the prosecution may still proceed with the case. This is because the state controls the case, not the alleged victim.
What Happens After a Domestic Violence Arrest in Texas?
If you have been placed under arrest and charged with domestic violence in Texas, it can be incredibly overwhelming. As such, understanding what to expect is critical. While each case is different, many follow a similar procedural path.
Typical Steps in a Texas Family Violence Case
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- Arrest and Booking: When responding to a domestic violence call, the police may place one party under arrest and subsequently book them into jail
- Bond Hearing: After your arrest, you will have a bond hearing to determine the conditions of your release
- Emergency Protective Order: In a domestic violence incident, an emergency protective (restraining) order may be issued by the court, preventing you from contacting the alleged victim
- Case Filing with the Prosecutor: Generally, the District Attorney’s Office in the county where you were arrested is responsible for this step
- Court Appearance: You will have another court appearance in which they will announce information regarding where your case will be heard, discovery, and ongoing negotiations
- Evidence Review: The prosecution will review a considerable amount of evidence, including 911 recordings, police reports, police body-camera footage, witness statements, prior allegations, medical documentation, and testimony from those involved.
Penalties for Domestic Violence Charges in Texas
If you have been charged with domestic violence in Houston, you can anticipate serious consequences. The penalties you will face can vary on a number of elements, including your prior convictions, the specific charges against you, and the presence of other aggravating factors.
Possible Charge Levels and Sentence Ranges
- Class A Misdemeanor
- Up to one year in county jail
- Potential for up to $4,000 in fines
- Third-Degree Felony
- Between two and ten years in prison
- Potential fines up to $10,000
- Second-Degree Felony
- Between two and twenty years in prison
- The potential for up to $10,000 in fines
- First-Degree Felony
- Potential for five to 99 years (life) in prison
- Up to $10,000 in fines
Factors That Could Increase the Severity of Charges
- Prior convictions for domestic or family violence
- Allegations of strangulation
- Serious bodily harm
- Use or presence of a weapon during the commission of the crime
- Occurring in front of a child
Long-Term Consequences Outside of Jail or Prison Time
While the criminal penalties you can face are incredibly severe, you can face additional consequences if you are convicted. This includes:
- Loss of the right to carry a firearm under federal and state law
- Immigration consequences for visa-holders and non-citizens
- Difficulty passing background checks for employment or housing
- Employment consequences
- Potential custody impacts
Potential Defense Strategies in Domestic Violence Cases
While the unique circumstances of every case will vary under Texas law, it’s imperative to understand that there may be defenses you can utilize with the help of a Houston criminal defense attorney. They can examine the specific circumstances of your case to determine the best course of action for your situation.
Defenses That May Be Applicable
- Self-defense or defense of others
- Lack of intent
- Credibility issues or conflicting statements
- Insufficient evidence
- Inconsistency between evidence and statements
Contact Our Experienced Houston Firm
Facing accusations of domestic violence in Harris County can be incredibly overwhelming, which is why working with an experienced attorney is in your best interest. If you are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.