How Does Texas Define Domestic Violence? If I’m Charged With A Domestic Violence Related Offense, What Exactly Am I Being Charged With?
Domestic violence is also referred to as family violence, but that is sometimes a little misleading because family violence can be anything between people who are related by blood, related by marriage, or live under the same roof. It is important to either attack that issue or negotiate it away, if possible, because a finding of family violence creates additional penalties.
When Police Respond To A Domestic Violence, Is An Arrest Always Going To Be Made?
Almost always, an arrest will be made in a domestic violence situation. The reason is police do not want to leave the scene when the people present may still be in conflict. Police across the country were finding that even though it could seem tensions had calmed, they would get called right back to a situation that was much worse, even involving serious injury or death. To avoid that, the typical approach is to arrest one or both of the parties.
Does An Alleged Physical Altercation Have to Happen For A Domestic Violence Charge To Be Made Or Is The Threat Of Violence Enough?
The threat of violence can be enough to put you in the range of a class C misdemeanor. You can be charged with assault by threat or assault where there was no contact. The penalty ranges go up depending on what type of assault you are accused of committing. If there is pain, you are at one level; if there is injury, you are at another higher level; if there is serious injury, you are at an even higher level. If there is a weapon involved, then it goes up some more. If there is another Domestic Violence conviction within the last 10 years, a misdemeanor assault can turn into a felony.
Is An Order Of Protection Or Restraining Order Automatically Put Into Place When Someone Has Been Arrested On Domestic Violence Charges?
An order of protection is not automatic and it varies from place to place and judge to judge. Typically, you can expect an order to be put into place, but it is not a certainty.
If I Am Facing Domestic Violence Related Charges, Can I Still Be In Touch With My Children?
Protective orders protect the Victim of the Alleged assault. Unless other measures are taken to try to restrict parental rights, you will not be kept from your children. But you may have to stay away from your children when they are with the protected person or within a protected area.
What Are Some Potential Defenses In Domestic Violence Related Cases? Is Self-Defense Enough Of A Defense?
Self-defense is enough of a defense and there are other defenses, such as trying to get a person out of the home. That is less likely to be successful in a family violence situation because, a lot of times, you share the home. There is a wide range of defenses to a family violence or domestic violence assault charge. It is important to have an attorney who knows the possibilities look at each situation to see if any defenses are available.
If The Alleged Victim Changes His Or Het Story After Charges Are Filed Or Doesn’t Want Charges Pressed Against Me In A Domestic Violence Case, Does That Mean The Charges Will Be Dropped?
In recent decades it has become more difficult to get prosecutors to let go of domestic violence assault cases because of the chance the defendant will then commit another or more serious crime. It is still possible, however, if handled carefully. People think they can get a case dropped by filing an affidavit of non-prosecution or saying that they don’t want to press charges. Instead, what will often happen is they will go in to drop the charges and say something that validates the charges or verifies that domestic violence occurred and the state will decline to drop the case. Skilled counsel is very, very important.
For more information on Domestic Violence Law, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (214) 382-0900 today.
Call your Dallas Criminal Defense Lawyer today at 214-382-0900.