Domestic Violence / Family Violence Assault

Lady Justice StatueIf 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.  You may believe that if you can just explain your side of things that everyone will see that you are innocent.  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.  Contact us today.  We know how these cases are investigated and prosecuted, and we know how they are successfully defended.

What is family violence?

It may not mean exactly what you think it does.  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.

What are the consequences of a family violence arrest?

The penalties for family or domestic violence can be severe, and the long-term collateral effects can be much worse.  Many people feel that the worst part of being arrested for family violence assault is being arrested and going to jail.  Unfortunately, it doesn’t end there.  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 group classes, anger management counseling, urinalysis, and jail time as a condition of the probation.  Your arrest and prosecution mean that you now have a “criminal record” which can be very difficult to clear.  A criminal record for family violence assault can affect your ability to get and maintain employment.  It can even prevent you from renting a house or apartment.  The consequences are too great.  It is critical that you have someone in your corner who is ready to fight for you.  Let us help.  Contact us today.

What if there is no evidence of any injury?

Assault is defined in Texas as “intentionally, knowingly or recklessly causing bodily injury to another.”  Bodily injury includes any impairment in physical condition, in other words cuts, scratches or bruising.  It also includes physical pain.  Consider the amount of force necessary to cause some minor physical pain, and you can see how easy it is to bring a case against someone for assault.  Many cases of assault may seem quite trivial given the absence of any apparent injury.  These are cases where law enforcement historically had some discretion in the manner in which they were handled.  Unfortunately, today law enforcement officers no longer have that discretion.  Police department 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.  Let us help you.

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