We are familiar with the domestic violence laws in Texas.
Learn your options
You might have more options than what you realize.
Avoid common misconceptions
For example, victims can’t drop the charges against you.
Your future matters
Think about how your case can impact the rest of your life.
Is domestic violence a crime?
Domestic violence in Texas is charged as either as a misdemeanor or a felony. The specific circumstances of the incident determine what type of charge is levied against you. One example is if choking is involved. This is an automatic felony charge, even on a first offense. Other first offenses might be charged as misdemeanors. Second and subsequent charges for domestic violence are felony charges.
Domestic violence charges often have to do with spouses; however, this isn’t always the case. You can also face domestic violence charges if you are accused of attacking a current or former boyfriend, girlfriend, or roommate. An incident with a family member can also lead to domestic violence charges.
In Texas, females are the most common victims of domestic violence. They account for around 75 percent of the victims while men account for the other approximately 25 percent. The most common age group for domestic violence events is 20 to 24 and 25 to 29-year-olds come in a close second.
Strong arming someone is the most common way that domestic violence occurs and accounts for 78 percent of cases. Firearms account for less than 1 percent of domestic violence cases.No weapon is present in 9 percent of cases.
Domestic violence charges don’t have to be associated with injuries. In fact, in 42 percent of cases, no injury is present. In 54 percent, minor injuries are present. In four percent of cases, victims suffered major injuries.
How do I get a domestic violence case dismissed?
There is a misconception that the victim of the incident can drop the charges. You shouldn’t fall for this misconception because this isn’t the case. Once the prosecution receives a case, it is up to the prosecution to decide if they will drop a case.
A victim does have the option of refusing to cooperate with the case. The victim might even file an affidavit of non-prosecution; however, this is merely a petition to have the charges dropped. It is still up to the prosecution to decide how the case moves forward.
Instead of focusing on these types of factors to try to have the charges dropped, you need an experienced attorney who can use knowledge of the laws to come up with defense strategy options. Your defense attorney should evaluate your case and explain your options to you so that you know what choices you have. You can then make a decision based on what you feel is in your best interests.
Arrested for domestic violence, what happens?
When you are arrested for domestic violence, a magistrate’s order of emergency protection will likely be issued. This order, as well as subsequent protective orders, prevent you from being around the victim of the case. If you lived with the victim, this means you won’t be able to return home as long as the order is in effect, which can be months or more.
On top of not being able to return home, you might not be able to be around your children. If an order of protection is issued, you should make sure that you fully understand the terms of the order. This is the only way that you can ensure you comply with the order. Failure to comply with the order can lead to a criminal charge for violating the order.