What Are the Consequences of Family Violence Charges in Texas?

 Posted on December 11, 2020 in Criminal Defense

Family members do not always get along, but while some disagreements are to be expected, there are cases where a situation can get out of control, leading to accusations that one person has harmed the other or caused them to fear for the safety of themselves, their children, or other family members. Allegations of family violence can be very serious, leading to criminal charges and other consequences in Texas. Those who are facing these types of accusations will want to understand the specific charges they could potentially face, as well as how other legal issues may affect their life, family relationships, and reputation.

Family Violence Charges

If a person is arrested based on accusations of family violence, they will typically be charged with domestic assault. Under the Texas Penal Code, assault charges may be based on a person’s intentional infliction of injury or threats to injure someone else. Assault may also be charged if a person made “offensive or provocative” physical contact with someone else, such as slapping them, shoving them, or poking a finger in their chest.

Assault that allegedly resulted in bodily harm is typically charged as a Class A misdemeanor, although it may be elevated to a third-degree felony if a person had previously been convicted of assault or if they allegedly choked or strangled the victim. If a person allegedly caused a serious bodily injury or used a deadly weapon, aggravated assault charges may apply. When committed against a family member, aggravated assault is a first-degree felony.

If alleged domestic assault involved threats of bodily injury or provocative contact, a person may be charged with a Class C misdemeanor, although it may be elevated to a Class A misdemeanor if the alleged victim was elderly or disabled or if this type of assault was committed against a pregnant woman in an attempt to force her to have an abortion. If a person allegedly committed domestic assault two or more times within a 12-month period, they may be charged with continuous violence against the family, which is a third-degree felony.

Following an arrest on family violence charges, a Magistrate’s Order of Emergency Protection may be issued, and this type of order is required in cases where a person is arrested for domestic assault that allegedly involved serious bodily injury or use of a deadly weapon. A protective order may require a person to stay away from the alleged victim and other family members, and it may place other restrictions on a person, such as requiring them to submit to electronic monitoring. A violation of the terms of a protective order is a Class A misdemeanor.

Contact an Austin, Texas Family Violence Defense Lawyer

If you have been accused of committing family violence, you will want to take the right steps to protect your rights and address any criminal charges that you may face. At Morales Law Office, Attorneys at Law, PLLC., we can help you determine the best defense strategy, and we will work to minimize the consequences that these allegations will have on your life and your family relationships. With our experience in family law, we can also help you address any child custody issues resulting from these types of accusations. To set up a free consultation, call our Travis County domestic assault defense attorneys today at 512-474-2222.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm

https://www.txcourts.gov/media/478291/chapter4.pdf