Arlington Domestic Violence Lawyer

Let Us Protect You Against Serious Allegations

Domestic violence allegations can have life-altering implications for the accused, including criminal penalties, restraining orders, and damage to one's personal and professional reputation. Without the help of an experienced domestic violence attorney, you can easily face convictions, even if innocent.

At the Law Office of Mark M. Childress, we have successfully defended hundreds of clients against domestic violence charges, and we can help you too. Our team of experienced domestic violence defense lawyers in Arlington is well-versed in Texas laws related to domestic violence and will work tirelessly to protect your rights and preserve your future. We understand the complexity and sensitivity involved, tailoring our defense to the individual circumstances.

Call (817) 497-8148 or fill out our online contact form today to schedule an initial consultation.

What Is Domestic Violence in Texas?

In Texas, like in many other states, domestic violence is a serious and legally defined issue. It encompasses a range of abusive behaviors and actions that occur within a domestic or family context, typically involving violence or threats of violence between individuals who have or had a close relationship. 

The Texas Family Code outlines domestic violence and protective orders in Title 4, Subtitle B, Chapter 71, Subchapter C, which defines family violence as "an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault." 

Common examples of domestic violence in Texas include:

• Physical Abuse: This is one of the most recognizable forms of domestic violence. It involves the intentional use of physical force to harm a family member or household member. Physical abuse can result in injuries, such as bruises, cuts, and broken bones. It may include hitting, slapping, punching, or choking. 
• Emotional and Psychological Abuse: Domestic violence is not limited to physical acts. Emotional and psychological abuse can be just as damaging. It includes behaviors like intimidation, manipulation, isolation, constant criticism, humiliation, and threats, which cause severe emotional and psychological distress to the victim.
• Sexual Abuse: This involves non-consensual sexual acts or harassment within a domestic relationship. Sexual abuse can include rape, unwanted sexual advances, or coercing the victim into sexual activities.
• Verbal Abuse: Verbal abuse often accompanies other forms of domestic violence. It includes shouting, name-calling, belittling, and using derogatory language to intimidate or control the victim. 
• Stalking: Stalking is a pattern of behavior intended to instill fear and distress in the victim. It may involve repeated unwanted contact, monitoring, or threats, both in person and online. 
• Financial Abuse: Some perpetrators of domestic violence control their victims by controlling their finances. This can involve limiting access to money or preventing the victim from working.
• Cyberbullying and Online Harassment: With the rise of digital technology, cyberbullying and online harassment have become significant issues in domestic violence cases. Perpetrators may use social media, emails, or other online platforms to harass, threaten, or intimidate their victims.
• Threats: Threats of violence or harm, whether verbal or written, create an atmosphere of fear and intimidation. Perpetrators may threaten to harm the victim, their children, pets, or property to exert control.
• Child Abuse: Domestic violence not only affects adult victims but also endangers children in the household. Child abuse can include physical, emotional, or sexual abuse, or exposing children to violent behavior. 
• Elder Abuse: In cases involving elderly family members, elder abuse may occur. This can involve physical, emotional, or financial abuse directed at an elderly family member.

Penalties for Domestic Violence in Texas

• Simple domestic assault against a family or household member is considered a Class A misdemeanor in Texas. A conviction carries up to one year in county jail and/or a fine of up to $4,000. 
• If a person committed a prior domestic assault or the assault involved choking or strangulation, it is a third-degree felony, punishable by imprisonment from 2 to 10 years and a fine of up to $10,000.
• An assault can be elevated to a second-degree felony if it causes serious bodily injury. This felony is punishable by a prison sentence ranging from 2 to 20 years and a fine of up to $10,000. 
• When a deadly weapon is used in an aggravated assault that causes serious bodily injury, it is charged as a first-degree felony, which carries a prison sentence ranging from 5 to 99 years or life imprisonment and a fine of up to $10,000. The use of weapons significantly heightens consequences.

A conviction for domestic violence can also result in a permanent criminal record. In addition to jail time, you may also be required to pay restitution to the victim for any medical bills or property damage. 

Other penalties for domestic violence can include:

• Loss of gun ownership rights
• Loss of child custody rights
• Loss of visitation rights
• Loss of immigration status
• Loss of professional licenses
• Loss of government benefits
• Loss of student loans
• Loss of housing assistance

Understanding Protective Orders & Their Importance

In Arlington, protective orders are crucial tools in safeguarding victims of domestic violence. These orders enforce a legal buffer between the accused and the alleged victim, typically restricting any contact or proximity. Texas courts can issue several types of protective orders, ranging from temporary ex parte orders to long-term restraining orders. Temporary orders may be issued without the accused present if immediate protection is necessary, emphasizing their importance in urgent situations.

Our Approach to Domestic Violence Defense

When you hire our Arlington domestic violence attorney, we take a strategic and comprehensive approach to build the strongest defense possible. Recognizing the uniqueness of each situation, we tailor strategies to align with client circumstances. Our approach is centered on detailed legal processes specific to Arlington and its judicial nuances.

Our process includes:

• Investigation: We thoroughly investigate the circumstances surrounding your case, collecting evidence, interviewing witnesses, and examining any available documentation to establish the facts.
• Legal Strategy: Based on the information gathered, we develop a robust legal strategy tailored to your specific situation. We will explore all available legal defenses to protect your rights and reputation.
• Negotiation: In many cases, we can negotiate with the prosecution to reach a favorable outcome, such as reduced charges or alternative sentencing options.
• Litigation: If necessary, we are prepared to vigorously defend your case in court, ensuring that your rights are upheld and your voice is heard.
• Support: Throughout the process, we provide our clients with support and guidance, addressing any concerns or questions as they arise.

Contact a domestic violence lawyer in Arlington from the Law Office of Mark M. Childress today to schedule an initial case evaluation.

FAQ on Domestic Violence 

What Should I Do If Falsely Accused of Domestic Violence?

If you are falsely accused of domestic violence in Arlington, it is critical to remain calm and follow legal procedures. Begin by documenting evidence supporting your innocence, such as messages, emails, or witness accounts. Consult a knowledgeable domestic violence attorney in Arlington immediately to navigate the legal process effectively. Your attorney will help in building a strong defense, emphasizing factual inconsistencies and gathering supportive testimony. Avoid any contact with the accuser to prevent escalation and comply with any temporary orders imposed.

How Do Arlington Courts Handle Domestic Violence Cases Involving Children?

In Arlington, cases of domestic violence involving children are treated with high severity. The safety and welfare of children are prioritized, often involving Child Protective Services. When children witness or are victims of domestic violence, the courts may impose specific measures, potentially impacting custody and visitation rights. It is crucial to work with a family law attorney who understands these dynamics to protect both your and your child's rights. Legal interventions might include supervised visitation or stipulations to safeguard children's well-being during proceedings.

Can a Domestic Violence Charge Be Expunged in Arlington?

Expunging a domestic violence charge in Arlington depends on the circumstances surrounding your case. Generally, if charges are dismissed or you are acquitted, you may be eligible for expunction. However, if convicted, the possibility of expunging the record is more challenging and limited. Consulting with a domestic violence attorney in Arlington is vital to exploring your options and ensuring that any potential expungement is approached correctly. Legal guidance can assist in understanding eligibility criteria and navigating the complex expunction process to safeguard your future.