Domestic Abuse in Texas
Under Texas law, domestic abuse most commonly refers to violent behavior between spouses. Sometimes it can also be child abuse, elder abuse, or even violence between family members, roommates, partners, ex-partners, ex-spouses, or simply co-habitants. This behavior doesn’t have to cause bodily injury. Threats of imminent injury are enough to commit domestic violence. Prosecutors often prove that behaviors demonstrate an intention to physically dominate or control. If they are able to do so, this will also end in a conviction of domestic violence because of the threat of violence felt by the victim, even if there was never any threat verbally spoken or in writing. Also, once an individual is convicted of domestic violence, they are prohibited from owning a firearm for life.
Some may not know that in the state of Texas, there is no distinction between assault and battery; rather, they are both termed simply as assault. If you think that you may have committed battery but are being charged with assault, remember that battery and assault in Texas are the same thing. Simple domestic assault with injury could result in a $4,000 fine and at least one year in jail.
Other Domestic Violence Crimes
Apart from spousal abuse, other domestic crimes include battery, sexual assault, and kidnapping. Any of these committed against a member of your household will most likely be ruled as family violence. In fact, even if it is a misdemeanor offense, a police officer can still arrest you without having witnessed the event. The only thing necessary for the police to justify the arrest is probable cause. If you have been accused of committing domestic violence make your first call to me, your domestic abuse lawyer in Austin, TX.
What Happens if you are Accused of Domestic Abuse in Austin, TX?
If you have been accused of a common domestic violence or assault crime then you need the help that I can provide as a domestic violence lawyer in the Austin area. The penalties for a conviction of spousal abuse could be as much as $4,000 and one year in jail or up to $10,000 and 20 years in prison. Assault against a family member will also be ruled as domestic violence. This could be simply because of a minor injury sustained in an argument that caused pain. In an assault case, the prosecutors don’t need to prove there were any injuries sustained, but simply that there was pain inflicted by the defendant.
Defending Against Domestic Violence Charges
Most likely if you have been charged with a domestic violence crime, a restraining order or protective order has been filed against you. Respecting and understanding the restrictions of the order will go a long way toward helping your case. An aggressive defense against any domestic violence charge is definitely your best chance at a lesser sentence or dismissal of your charge. Only with the help from an experienced domestic violence lawyer can you get the strong defense needed for a successful trial. Some defenses that have proved successful in the past are: the injury was accidental, the offense was unintentional, the injury was sustained in self-defense, and that the offense occurred without the defendant’s knowledge. Whichever defense fits your case best, I have the experience you need as a domestic abuse lawyer in Austin, TX.
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