Being convicted of an act of violence can cause a court system to levy heavy penalties upon you. Those penalties can significantly increase if the act of violence is committed against a family member.
This post will discuss how Texas defines ‘Family Violence,’ the immediate punishment one should expect when faced with Family Violence charges, and who to speak with regarding your Family Violence case.
What Sort of Crimes are Considered to be ‘Family Violence’ Charges?
First, we must define what the laws of Texas consider ‘Family.’ A family or household member would share one of the following relationships with the other party:
● Relative by blood, adoption, marriage, or legal partnership
● Current or former spouses
● Parents of shared children
● Current or former dating partners
● Current or former roommates or other co-residents
Then, we should determine what is considered “violence.” An act of violence is one that threatens or results in physical harm, bodily injury or assault (physically, emotionally, or sexually) of another person.
Some of the crimes that are considered acts of family violence are;
● Domestic assault
● Aggravated domestic assault
● Continuous violence against the family
● Violation of protective orders
● Stalking
● Kidnapping
● Unlawful restraint
● Homicide
What Punishment Awaits Those Convicted of Family Violence Crimes?
● Domestic Assault
○ Misdemeanor:
■ Punishable by a fine of up to $500 as a class C (provocative or offensive contact).
■ As a class A, when the victim suffers bodily injury, the maximum fine increases to $4,000, and there is up to one year of jail time.
○ Felony: If the defendant has prior domestic assault convictions or the offense involves strangulation or suffocation, it can elicit a punishment of up to 10 years in prison with a $10,000 fine
● Aggravated Domestic Assault
○ The assault becomes ‘aggravated’ if;
■ Committed during the use or exhibition of a deadly weapon
■ It involves serious bodily injury such as a broken bone, loss of limb, or an injury that requires surgery or hospitalization
○ 2-20 years in prison; $10,000 fine
○ It can become a first-degree felony if involving a deadly weapon and results in serious injury
● Continuous Violence Against Family
○ Two or more domestic assaults within 12 months
○ 2-10 years in prison and $10,000
● Violation of a Family Protective Order
○ Class A Misdemeanor – one year in jail, $4,000 fine
○ Repeated Violations within 12 Months – 2-10 years prison and a $10,000 fine
● Stalking, Kidnapping, Unlawful Restraint, and Homicide
○ Punished similarly to non-family versions of the crime, but with additional punishment added.
How to Handle Assault Charges Involving Family Members in Texas
Facing assault charges involving family members in Texas can be a stressful and confusing time. When an argument or conflict escalates and results in physical actions, it can have serious consequences under Texas law. Understanding the steps to handle assault charges, especially when family members are involved, is essential to safeguarding your rights, minimizing harm, and managing the emotional toll these situations can bring. This guide will walk you through the basics of assault charges, how they apply to family disputes, what to expect from the legal process, and how to make the best decisions to protect yourself and those involved. At, Wilder Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Are Assault Charges in Texas?
In Texas, assault charges can apply to any situation where a person causes physical harm to someone else, makes threats of harm, or engages in physical contact that is offensive or unwanted. In family settings, these charges are classified under family violence or domestic violence laws. Texas law takes any form of assault very seriously, especially when it occurs between family members or people living in the same household. If you face assault charges related to a family member, it’s important to understand how these laws work and how they might affect your situation.
Assault Charges Between Family Members
Assault charges involving family members fall under Texas’s family violence laws. Family violence can include incidents between spouses, parents and children, siblings, or even roommates who share a residence. When conflicts within families turn physical, the law treats it as a family violence case. Even if the conflict started as a disagreement, it may escalate quickly if someone gets hurt or feels threatened, which could lead to assault charges being filed. Understanding that these situations are considered serious under the law is important as family violence carries penalties that can impact your future.
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Understanding the Legal Process in Family Assault Cases
When someone is charged with assault in Texas, especially in family situations, the legal process begins with the filing of a complaint or report. This report might come from the person directly involved or even from a neighbor or bystander who heard or saw the conflict. The police may investigate to gather details and determine if there is enough evidence for an assault charge. Once the charge is filed, the accused person may be arrested or given a court date. Handling this process calmly and carefully can make a difference, especially if emotions are running high and you’re worried about the outcome.
The Importance of Legal Representation
Assault charges, particularly involving family members, can become complicated due to the personal connections involved. Hiring an attorney with experience in Texas assault laws is essential to making sure your side of the story is heard and your rights are protected. An attorney can help you navigate the legal process, understand what steps to take, and communicate with the court. They will examine the evidence, listen to your perspective, and build a defense based on the facts. Having a legal representative can help reduce the stress of facing these charges alone and provide guidance to reach the best possible outcome.
How Family Members Impact the Case
When an assault charge involves family members, the court will consider the relationship between the people involved. In Texas, family violence laws are intended to protect individuals but also aim to maintain peace and prevent future violence. This means the court may require steps to help the family resolve conflicts safely and may impose protective orders. Protective orders can restrict a person from contacting certain family members for a period, which might complicate family interactions and make everyday life more challenging. The presence of children or shared finances might also factor into the court’s decisions. A lawyer will help you understand how these aspects could affect your case and what options are available to protect both your legal standing and family relationships.
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
Possible Penalties for Family Assault Charges
Texas treats family assault cases seriously, and the penalties for such charges can be severe. For first-time offenses, the penalties might be less harsh but could still include fines, probation, and mandated anger management or counseling sessions. If there is a history of prior convictions or if serious harm occurred, the penalties can increase significantly, possibly leading to jail time or stricter probation terms. Additionally, having an assault charge on your record may affect future job prospects, housing opportunities, and your reputation. Understanding these possible outcomes can help you make the best decisions during your case.
Defense Strategies for Assault Charges Involving Family Members
If you are facing assault charges involving a family member, there are different defense strategies that your lawyer may use depending on the circumstances of your case. Self-defense is a common approach if you acted to protect yourself from harm. In some cases, misunderstandings or misinterpretations can lead to false accusations, and a lawyer can work to uncover evidence that shows the true nature of the situation. Your lawyer may also argue that there was no intention to cause harm, especially if the incident was an accident or if emotions led to actions without thinking. Having a knowledgeable attorney who can help build your defense is important in managing these situations.
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The Role of Protective Orders in Family Assault Cases
In cases involving family violence, the court may issue a protective order, which places restrictions on contact between the people involved. A protective order can prevent one person from visiting the family home, contacting certain individuals, or even seeing their children in some situations. Violating a protective order can lead to further legal trouble, so it’s crucial to follow the terms if one is issued. Although protective orders are designed to keep everyone safe, they can disrupt family life and make resolving the issue harder. Talking to your lawyer about any protective orders is key to staying compliant and understanding your rights under the order.
Managing Emotions and Resolving Conflict
When an assault charge involves family members, emotions can be high, and managing these feelings is an important part of the process. Seeking help from counselors, family mediators, or support groups can help you process the situation healthily and positively. The court may require anger management or counseling, but seeking support independently can also help show the court your commitment to making positive changes. By finding ways to communicate and resolve conflicts in a non-violent way, you can work toward a more positive outcome, especially when relationships with family members are involved.
The Value of Communication and Mediation
Open communication and mediation can play a significant role in family-related assault cases. In some instances, families may wish to reconcile or find a way to repair relationships. Mediation offers a way to address issues without resorting to further court action, and it can allow both sides to share their perspectives with the help of a neutral party. While mediation might not be suitable for every case, it can offer a peaceful solution in cases where both parties are open to dialogue. If mediation is an option, your attorney can help facilitate this process and provide guidance on whether it may benefit your case.
Steps to Take After an Assault Charge
Facing an assault charge can feel overwhelming, especially when it involves close family members. Taking the right steps after being charged is essential to protect yourself legally and emotionally. Staying calm and avoiding further conflicts is important, as additional issues could worsen the situation. Following all legal advice from your attorney, attending all required court dates, and complying with any court orders are critical steps to handle the case responsibly. Your lawyer will advise you on what to do at each stage, ensuring you stay on the right track toward resolving the issue.
Protecting Your Future and Family Relationships
Assault charges involving family members can affect your future, your family relationships, and your overall well-being. By working with a dedicated lawyer, you can focus on the best ways to handle the charges, protect your future, and minimize the impact on your family. Learning healthy ways to manage conflict, seeking supportive resources, and taking a proactive approach can all contribute to a positive resolution and help you move forward in a productive way. Though the process may be difficult, remember that there are steps you can take to achieve a fair outcome and regain stability.
If you are dealing with assault charges involving family members in Texas, the Wilder Law Firm can provide the legal support you need. Having a team that understands the complexities of family assault cases can make all the difference in protecting your rights, managing family dynamics, and navigating the legal system. Contact Wilder Law Firm today to get the guidance you need during this challenging time and take the first steps toward resolving your case with confidence.
How Can a Family Violence Lawyer Help Me?
If you have been accused of a crime, including family violence, it is always pertinent to talk with a criminal defense attorney that is local and has experience with such crimes. Allow an experienced lawyer to review your case and help you combat the criminal conviction from its lasting consequences, including incarceration, fines, and loss of occupation or firearms. Call us today at 469-423-8467.