CRIMINAL DEFENSE
Domestic Violence/Family Violence Assault
Domestic Violence/Family Violence Assault
If you have been arrested for domestic violence, then you understand what it feels like to have the deck stacked against you. The law is supposed to afford an accused person the presumption of innocence. Unfortunately, in cases of domestic or family violence, there is often a presumption on the part of law enforcement that the accused person is guilty.
In reality, trying to explain things may simply dig yourself a deeper hole. If you have been accused of domestic violence, you should immediately contact an attorney experienced in defending these types of cases. We know how these cases are investigated and prosecuted, and we know how they are successfully defended.
The term family violence is a category of assault that is committed against a family member. Family members can include current or former spouses, persons with whom you have children, and persons related by blood or marriage.
It is also more broadly used to include persons with whom you currently have or in the past have had a dating relationship. It even includes persons living in the same house or apartment, which would include roommates.
The penalties for family or domestic violence can be severe, and the long-term collateral effects can be much worse. Once the matter goes to court, the prosecution can result in more jail time, fines, court costs and very often probation.
Conditions of probation may include additional fees, community service hours, batterer’s intervention classes, anger management counseling, urinalysis, and jail time as a condition of probation. A criminal record for family violence assault can affect your ability to get and maintain employment and may even prevent you from renting a home or apartment.
Assault is defined in Texas as intentionally, knowingly or recklessly causing bodily injury to another. Bodily injury includes any impairment in physical condition such as cuts, scratches, bruising, or even physical pain.
Many assault cases may seem quite trivial given the absence of any apparent injury. Unfortunately, modern law-enforcement policies often mandate that where there is evidence of even a minor family violence assault, the alleged perpetrator must go to jail and likely will be prosecuted. These are cases that an experienced attorney can often effectively challenge.
