There are very specific laws in place considering domestic violence in Texas. The most basic definition states that it is an act that is intended to cause physical harm, bodily injury, assault, or even a threat that places the household member or entire family in fear of being harmed.
As such, there are certain things both victims and the accused should know about the law, in order to handle themselves accordingly in a potential trial or other legal situation. Let us take a closer look now.
Types of Domestic Violence Charges in Texas
As stated in the intro, there are several different types of situations that can lead to domestic violence. Therefore, there are also varying degrees of charges that can be brought, based on the situation and evidence.
Domestic assault pertains to bodily injuries, threats or physical contact that can be categorized as crossing the line. Typically these will be classified as misdemeanors, although they can in some cases be upgraded to felony charges.
Aggravated domestic assault is always a felony crime, and involves serious bodily injuries or use of deadly weapons. Repeated family violence is also classified as a felony, where the requirements are two or more members of the family having been victims within the past 12 months.
In the cases where the accused has violated their protective order against the victims, there can be additional charges outside the scope of the above domestic violence charges. Texas is strict when it comes to these issues, so hiring domestic violence attorneys to help navigate the legal landscape is crucial, no matter which side you might be on.
Support for Victims of Domestic Violence Laws in Texas
As a victim of domestic violence, there are a few different options available. Restraining orders are typically used as a measure to help separate the accused and the victims, as failing to uphold the protective order can result in arrest for the accused.
Texas law enforcement is also obligated to respond to all domestic violence reports, and are authorized to make immediate arrests in those cases where they deem it necessary. This fact, coupled with the different shelters, crisis hotlines, and other support networks, has made it easier for victims to be recognized and seek help in a timely manner.
There are also different legal options available for the victims, such as seeking criminal charges, civil lawsuits, or modifications to the custody of the children if children have been involved.
What the Accused Needs to Know
There are a few important things to know for people accused of domestic violence in Texas. First of all, prosecutors are allowed to continue the charges even if the victim wishes to drop them. Therefore, the consequences can be quite severe and long-lasting, regardless of how the situation came about in the first place.
Falsely accused individuals have different legal options to explore, where their attorneys typically will look towards any potential evidence or lack thereof, as well as consent or mutual conflict that shows the interaction was not entirely one-sided, for instance. People convicted of misdemeanors can face jail time of up to one year, be required to pay monetary fines or both, depending on the situation and severity of the offense. Felony convictions can lead to years in prison and larger fines.