Welcome to the Wilder Law Firm blog, where we delve into critical legal topics that impact our community. Today, we address a serious and sensitive issue that affects many individuals and families across Texas: domestic violence charges. Understanding the legal landscape surrounding domestic violence is crucial not only for those directly involved but also for the community at large as we seek to support victims and uphold justice.
One in three Texans will experience domestic violence in their lifetime. In Texas, domestic violence laws are designed to protect individuals from harm within a domestic setting, which includes family members, household members, or those in dating relationships. These laws are complex and can have profound implications for all parties involved.
In this blog post, we will explore what constitutes domestic violence in Texas, the various charges that can arise, the potential defenses, and the long-term consequences of a conviction.
Understanding Domestic Violence Charges in Texas
In Texas, a domestic violence charge is distinguished from other types of assault by the nature of the relationship between the accused and the victim. According to Texas law, an act of violence becomes a “domestic” case if it occurs between individuals involved in certain types of relationships, including:
– Current or former spouses
– Individuals who live together in a household
– Parents of the same child, irrespective of marriage
– Family members related by blood, marriage, or adoption
– Foster parents and foster children
– Individuals who are currently dating or have dated in the past
This broad definition captures a wide range of interpersonal relationships, highlighting the state’s commitment to protecting individuals within a domestic setting.
The Three Main Kinds of Domestic Violence Charges in Texas
Texas law recognizes several specific offenses under the umbrella of domestic violence, each with its own legal implications and potential penalties. The three main types are:
Domestic Assault
This charge is the most basic form of domestic violence and involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another with imminent bodily injury, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. If the offender has no prior domestic violence convictions, the charge is typically a Class C misdemeanor if no physical harm was suffered, and a Class A if there is. Class A can carry penalties up to 1 year in jail and fines of up to $4,000.
Aggravated Domestic Assault
This charge is more severe and involves serious bodily injury to another person or the use of a deadly weapon during the commission of the assault. Serious bodily injury includes injuries that create a substantial risk of death or that cause serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. Aggravated domestic assault is typically charged as a second-degree felony, punishable by 2 to 20 years in prison, but it can be elevated to a first-degree felony under certain circumstances — such as when the assailant uses a weapon and causes serious bodily injury to a family member.
Continuous Violence Against the Family
This charge can be filed if an individual commits two or more domestic assaults within twelve months, whether the assaults result in arrests or convictions. This offense is considered a third-degree felony, regardless of whether the individual assaults involved resulted in serious injury and can have a prison sentence of 2-10 years.
Domestic violence charges in Texas carry significant legal and social consequences. Understanding the types of charges and what constitutes a “domestic” relationship under Texas law is crucial for anyone facing such accusations or involved in such circumstances.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.” - Forrest Davis I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited." - Steve Ak My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results." - Rudy Castanon
Domestic Violence vs Assault
The distinguishing factor of domestic assault is not necessarily the nature of the violence, but the relationship between the offender and the victim.
Key Differences Between Domestic Assault and Other Assaults
Victim-Offender Relationship
The most significant difference is the relationship between the victim and the offender. Domestic assault specifically involves individuals in a domestic or familial relationship. In contrast, other assaults can occur between strangers, acquaintances, friends, or colleagues without any domestic or familial ties.
Legal Consequences and Enhancements
Domestic assault carries potential legal enhancements that can affect the severity of the charges. For instance, if an individual has prior convictions for domestic assault, subsequent charges can be elevated to higher-level felonies. Additionally, domestic violence convictions can lead to more severe restrictions, including loss of firearm rights and implications in family law disputes such as custody and divorce.
Protective Orders
Victims of domestic assault may seek protective orders (also known as restraining orders) that specifically address and prevent further domestic violence. These orders can have broader implications, including restricting the accused’s ability to enter certain premises or communicate with the victim and related parties.
Impact on Family and Household
Domestic violence charges in Texas often have a broader impact on the family and household, influencing everything from living arrangements to family dynamics. This can complicate the legal process, requiring sensitive handling to address the needs and safety of all parties involved.
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Common Defenses Against Domestic Violence Charges in Texas
Lack of Proof or Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that the defendant committed an act of domestic violence. A common defense is simply that the evidence provided does not meet this burden of proof. This strategy often relies on discrediting the evidence brought forward, such as questioning the credibility of witness testimony or the integrity of physical evidence.
Self-Defense
Claiming self-defense involves asserting that any actions taken were necessary to protect oneself from imminent harm. Demonstrating that the defendant believed they were in immediate danger, that the force used was necessary and reasonable, and that they did not provoke the confrontation is key to this defense.
Defense of Others
Like self-defense, this strategy involves actions taken to protect another person from violence.
This can be effective if the defendant can show that their intervention was necessary to prevent harm to another person, such as a child or another vulnerable individual.
False Accusations
Unfortunately, false accusations of domestic violence do occur. These can arise from various motivations, including jealousy, revenge, or the desire to gain an upper hand in divorce or custody proceedings. Defending against false accusations typically involves gathering evidence that undermines the accuser’s credibility, establishing a motive for lying, or providing alibis that contradict the accuser’s story.
Mistaken Identity
The defendant may argue that they were not the perpetrator of the violence. This defense may be relevant in cases involving unclear evidence about who was responsible for the violence, especially in situations involving multiple people.
Lack of Intent
Demonstrating that the incident was accidental and that there was no intent to harm can also be a viable defense. This might involve showing that the injuries were the result of an accident that occurred during a non-violent dispute or other interactions.
Factors Affecting the Defense Strategy
The choice of defense often depends on the specifics of the case, including the available evidence, the nature of the alleged victim’s injuries, witness testimony, and any prior history of domestic violence. It is also crucial to consider the potential impact of cultural, psychological, and social factors. Defending against domestic violence charges in Texas requires a nuanced understanding of both the law and the specific circumstances surrounding each case.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Facing domestic violence charges in Texas is a serious matter that can have far-reaching effects on your life — including your freedom, reputation, and relationships. It’s important to understand the nature of these charges, the potential defenses available, and the legal rights you possess. With the right legal support, it’s possible to navigate these challenges effectively and work toward a favorable outcome.
If you or someone you know is dealing with domestic violence charges, it’s crucial to act swiftly and seek professional legal assistance. At Wilder Law Firm, we focus on criminal defense and have extensive experience handling domestic violence cases with sensitivity and rigor. Our team is committed to protecting your rights and providing the robust defense you deserve.
Do not face these charges alone. Contact Wilder Law Firm today to schedule a consultation. We’ll discuss your case in detail, explore all available defense strategies, and ensure that you’re well-represented in your legal proceedings. Let us help you take the first step towards resolving these charges and moving forward with your life.