Family Violence in Texas

Family violence describes a range of allegations committed in the context of a domestic relationship, usually between spouses, intimate partners, family members, but in some jurisdiction, including Texas, it can also include roommates or other members of the household. Examples of physical acts that can arise from family violence include physical assault but could extend to other patterns of abusive behavior, like verbal threats of violence or harassment. 

In Texas, these cases are commonly charged as "Assault Causing Bodily Injury - "Family Violence" or "Family Member" cases involve situations where an individual intentionally, knowingly, or recklessly causes bodily injury to a family member. These cases are treated with heightened scrutiny due to the relationship between the parties and the potential for ongoing harm.

In Texas, various criminal offenses are related to family violence. These include:

1. Assault: Intentionally, knowingly, or recklessly causing bodily injury to another, including a spouse, is classified as assault. This can be elevated to a felony if certain conditions are met, such as previous convictions or impeding breathing or circulation.
2. Continuous Violence Against the Family: This offense occurs when a person commits two or more assaults causing bodily injury to a family member or someone with whom they have a dating relationship within a 12-month period.
3. Violation of Protective Orders--it is an offense to violate certain conditions of bond or protective orders related to family violence, sexual assault, or stalking.
4. Stalking: Engaging in a pattern of conduct that constitutes stalking, which can be related to family violence, is also a criminal offense under.
5. Interference with an Emergency Request for Assistance: This involves preventing or interfering with another individual's ability to place an emergency call, which can be related to family violence situations.
6. Injury to a Child, Elderly Individual, or Disabled Individual: This offense includes causing bodily injury to a child, elderly person, or disabled individual, which can be related to family violence.
7. Aggravated Assault.
8. Murder and Capital Murder: These offenses can also be related to family violence if the victim is a family member.

Consequences of Alleged Family Violence in Texas

When a defendant is charged with a family violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order. Protection orders can be made even when the defendant isn't present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.

When a protective order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

1. It can restrict a defendant's contact with the victim and their children; and
2. It can require the defendant to leave the family home.

A person subject to a protective order, placed on deferred adjudication, or convicted of a family violence offense will also be prohibited from owning or possessing a firearm under federal law for a designated period of time dependent on the level of offense. 

Criminal convictions of any nature, but especially family violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a history related to family violence. 

Penalties for Family Violence or a Related Criminal Conviction in Texas

The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to:

• Fines
• Probation 
• Treatment such as BIPP (Battered Intervention Prevention Program)
• Imprisonment

The penalties for family violence offenses can quickly become harsher with subsequent convictions in Texas. 

Can Family Violence Charges Be Dropped in Harris County, Galveston County or other surrounding Counties?

Family violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the protective order. Even if the victim no longer wants the protective order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.

Defenses to Family Violence Allegations in Texas

A person can defend against a family violence cases in Texas. However, the specific defenses available to a defendant will depend on the circumstances of their case. Some common defenses include:

• Self-defense or defense of others, where reasonable force was used to prevent an attack
• Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
• False allegations, where the victim has lied about what happened
• Accident, where the defendant unintentionally caused the injury

A conviction for a family violence offense can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a criminal defense lawyer about any allegations.

Domestic Violence Cases under a Federal Context

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

• commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
• stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
• violate a qualifying Protection Order (18 U.S.C. Section 2262)

Contact a Domestic Violence Defense Attorney in Harris County, Galveston County or any other surrounding Counties Today

These cases can be complex and carry significant legal and personal consequences. Understanding the intricacies of these cases, including the differences from other offenses, the range of punishments, and the consequences of various legal outcomes, is crucial for anyone involved in such a case. Legal representation by an experienced criminal defense attorney is essential to navigate these challenging situations effectively.

What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence in Texas carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Harris County, Galveston County or any other surrounding Counties with a family violence or related offense, it's imperative to contact a criminal defense attorney.

You have rights, and the Law Office of Anthony Ray Smith is here to uphold your rights and defend any allegations made against you. Call 713-242-8917 to schedule a Free Consultation today.

If you've been charged with a family violence offense, you should speak to an experienced criminal defense attorney immediately. We will listen, assess the strength of the evidence against you, and advise you of any defenses that may be available. Fill out an online submission form or call us at 713-242-8917 to schedule a Free Consultation today.