Have You Been Charged With Domestic Violence? Here’s What to Do

Have You Been Charged With Domestic Violence?

Have you been charged with a family violence offense in Texas? Then we’re here to help. Read this guide to learn what you need to do.

Each year, abuse-related cases affect over 10 million men and women. If you’re facing one of these charges, it can seriously impact your life and finances.

If you’re dealing with a criminal accusation related to a personal relationship in Texas, there are a few things you should do to get the most favorable outcome from your case.

Read on for our complete guide on what to do if you’re charged with assault in the context of a domestic relationship in the state of Texas.

What is Domestic Violence?

This type of offense involves a crime committed between individuals who are currently or formerly married or share an intimate relationship—such as dating or living together.It primarily involves assault, whether verbal or physical. However, it can also include disorderly conduct, refusing to leave a shared residence, violating a protection order, or damaging property.

These cases often arise from situations involving extended emotional and psychological abuse.

If you’re charged with domestic violence, it’s highly advisable to seek legal counsel from a San Antonio domestic violence attorney immediately.

Who Can File a Domestic Violence Case

This category of criminal offense involves people with a romantic or intimate connection. The relationship must meet at least one of the following:

• Spouses or ex-spouses

• Individuals in a current or former dating relationship

• Those living together or who have lived together

• People who share or previously shared a dependent relationship

• Anyone who has had a serious intimate bond, sexual or not

• Relatives, either by blood or through association

What If You’re Facing Charges?

A charge like this is serious. If you’ve been accused, seek legal help before doing anything else.

What to Expect from Your Court Case

If charges are filed, police will likely arrest you. Turning yourself in with the help of a lawyer or bondsman is usually easier.

Your attorney will obtain the “discovery”—a set of documents that outlines the case against you, including:

• The complainant’s statement

• A recorded version of the allegation, if available

• Photographs of injuries or property damage

At your first court appearance, the court will ask how you plead. Don’t decide without speaking to a lawyer. If you need more time, you may request a brief delay—up to 14 days.

You may also be served with a civil protective order related to the criminal matter. This means you’ll have both a criminal and a civil case to manage. The civil paperwork should include the allegations, a sworn statement, and a court date. Attend every required hearing and stay organized.

Understanding the Laws in Texas

Texas law treats assault within a domestic relationship as a serious offense. This can involve physical harm, emotional trauma, or property destruction.

For a prosecutor to prove the case, they must show that you knowingly caused injury, stress, or property damage to someone with whom you have a personal relationship. If there are visible injuries, they must also prove those resulted from your actions.

To get a complete idea of what qualifies as a domestic violence offense in Texas, review Texas Penal Code 22.01 on assault.

Possible Defenses of Domestic Violence

Not everyone accused of relationship-based assault is convicted. You may have defenses such as:

• The incident was accidental or unintentional

• You acted in self-defense

• The claims are false or exaggerated

• You were unaware of the situation as it happened

• The level of harm or damage is being overstated

Regardless of your circumstances, work with your lawyer to develop a strong defense strategy.

Penalties of Domestic Violence Charges in Texas

If found guilty, penalties can range from a Class C misdemeanor (up to one year in jail) to a first-degree felony (5 to 99 years in prison and fines up to $10,000), depending on the severity.

Even without a conviction, an “affirmative finding of family violence” can be entered against you. This can limit your ability to work with vulnerable populations, rent housing, or even own firearms.

Texas courts consider several factors when determining penalties, including:

• Whether the incident involved strangulation or asphyxiation

• The age or vulnerability of the alleged victim

• Any prior history of similar charges

• Use of a deadly weapon

• Nature of the relationship involved

Outcomes vary widely. Rather than applying a one-size-fits-all approach, Texas law looks at the specific facts of each case.

Get Legal Representation Now

If you’re facing charges related to personal or family assault in Texas, don’t wait. A qualified lawyer can help protect your rights and fight for the best possible outcome. Contact us today for more information on options for your domestic violence case.