- Firearms
- Brass knuckles
- Knives
- Baseball bats
- Rope
Penalties for Domestic Violence in Texas
Domestic violence penalties in Texas will vary based on the severity of the crime and whether or not the defendant has a history of domestic violence.
Some things to consider:
- If no physical injury or lasting harm was suffered, a first-time offense is a Class C misdemeanor punishable with a $500 fine.
- If the altercation resulted in physical injury or pain, the offender may be charged with a Class A misdemeanor punishable by up to a year in jail and fines up to $4,000.
- Choking of any kind may result in a third-degree felony charge, which can carry up to 2-10 years in a Texas prison and fines up to $10,000. This applies even if it was a first offense.
- Defendants with prior arrests or convictions may face third-degree felony charges, which carry higher fines and up to 10 years in prison.
Long-Term Impacts of a Domestic Violence Conviction
A domestic violence conviction carries a range of serious long-term consequences that can affect many aspects of your life, including:
- Employment obstacles: Many employers conduct background checks, and a conviction can result in disqualification from job opportunities or termination from your current position.
- Housing restrictions: Convictions can lead to denials from landlords, making it difficult to secure rental housing.
- Professional licensing issues: Certain careers require licenses that can be revoked or denied due to a criminal conviction.
- Custody and visitation rights: Convictions can heavily influence child custody decisions, potentially limiting your access to your children.
- Travel limitations: Some countries restrict entry for individuals with domestic violence convictions, affecting your ability to travel abroad.
- Damage to reputation: A conviction can lead to social stigma and strain relationships with friends, family, and colleagues.
- Permanent criminal record: Domestic violence charges can result in a criminal record that affects various aspects of your life for years to come.
Domestic Violence Protective Orders in Texas
A restraining order for domestic violence, often referred to as a protective order, is a court order designed to protect victims of domestic violence or abuse by legally mandating that the alleged abuser maintain a certain distance from the victim and refrain from contacting or harassing them. Protective orders are intended to ensure the safety and well-being of the victim and can have various restrictions and requirements depending on the circumstances of the case.
In Texas, common types of protective orders include:
- Temporary Ex Parte Protective Order (TEPO): This is a temporary order issued without a full hearing or notice to the alleged abuser. It can be obtained quickly in emergencies and typically lasts for a limited time (usually up to 20 days). It serves as a temporary measure until a full hearing can be held.
- Magistrate's Emergency Protective Order (MEPO): Issued by a magistrate, this emergency order is available 24/7 and often applied in cases involving domestic violence, stalking, or threats of violence. It typically lasts for up to 31-61 days, depending on the circumstances.
- Temporary Protective Order (TPO): These orders are issued after a full hearing, during which both parties have an opportunity to present their cases. TPOs can be in effect for up to two years and may include provisions like prohibiting contact, restraining the alleged abuser from a certain distance, and mandating the surrender of firearms.
- Final Protective Order (FPO): A final protective order is issued after a full hearing if the court determines a protective order is necessary. FPOs can last up to two years and be renewed if the victim still requires protection.
- Magistrate's Order of Emergency Protection (MOEP): Similar to MEPOs, MOEPs are emergency orders issued by a magistrate to protect domestic violence victims. They are often issued when law enforcement is called to the scene of a domestic violence incident.
What to Do When Wrongly Accused of a Domestic Violence Crime
If you find yourself wrongly accused of domestic violence, it is crucial to take immediate action to protect your rights and reputation.
- Stay calm and call an attorney: First and foremost, remain calm and composed, as it is essential not to escalate the situation further. Contact an experienced domestic violence defense attorney, such as the Law Offices of Mark M. Childress, who can guide you through the legal process and advocate on your behalf.
- Gather evidence: Gather evidence supporting your innocence, such as text messages, emails, or eyewitness accounts. Maintain a detailed record of all interactions related to the accusation, including dates, times, and any relevant information.
- Remain silent: You must exercise your right to remain silent during this time, as anything you say or do can be used against you in court. Refrain from contacting the alleged victim or discussing the case without the presence or advice of your attorney.
- Work with your attorney: Cooperate fully with your legal counsel, providing them with all the necessary information to build a strong defense. Your attorney will help you navigate the legal proceedings, challenge the accusations against you, and present evidence in your favor.
Remember, being wrongly accused of domestic violence can be distressing, but with the proper legal representation, you can work towards clearing your name and protecting your future.
Common Defenses in Domestic Violence Cases in Texas
In domestic violence cases in Texas, several common defenses can be employed to protect the rights of the accused.
- False Accusation: Claiming that you are innocent and the alleged victim is making false accusations. This defense may involve presenting evidence that contradicts the accuser's statements or establishing a motive for false accusations, such as revenge, jealousy, or a desire for personal gain.
- Self-defense or defense of others: If the accused can demonstrate that they acted in self-defense or defend another person against imminent harm or threat, it may result in a reduction or dismissal of charges.
- Lack of sufficient evidence: Additionally, the defense may seek to challenge the prosecution's evidence by highlighting a lack of concrete evidence, unreliable witnesses, or procedural errors that could impact the validity of the case.
- Accidental or Unintentional Contact: If the alleged violence resulted from an accident or unintended contact, you can argue that there was no criminal intent. For example, if you accidentally knocked over a table and it hit the alleged victim, it might not be considered domestic violence.
- Mistaken Identity: Claiming that you were not the perpetrator and that the accuser may have mistaken your identity. This defense relies on establishing an alibi or presenting evidence that you were elsewhere during the alleged incident.
- Alibi: Provide evidence that you were not present at the location where the domestic violence occurred. Alibi witnesses or records may be used to support this defense.
Working with an experienced domestic violence defense attorney who understands the intricacies of Texas law and can develop a robust defense strategy tailored to your specific circumstances is crucial. By leveraging these and other common defenses, the Law Offices of Mark M. Childress can help protect your rights and pursue the best outcome in your domestic violence case.
The Role of Witness Testimony in Domestic Violence Cases
Witness testimony can be a decisive factor in the outcome of a domestic violence case, whether it supports the defense or the prosecution. Key aspects of witness testimony include:
- Eyewitness credibility: A reliable witness can strongly influence the case by corroborating or contradicting the alleged events.
- Character witnesses: Testimony about your relationship dynamics or character can challenge the accuser’s claims.
- Alibi verification: Witnesses can support your defense by confirming you were elsewhere during the alleged incident.
- Cross-examination of prosecution witnesses: An experienced attorney can highlight inconsistencies or biases in witness accounts to weaken the prosecution’s case.
- Impact on case outcome: Well-prepared and credible witness testimony can significantly sway the court’s decision in your favor.
Contact Our Fort Worth Domestic Violence Attorney Today
If you are facing domestic violence charges or have been wrongly accused, the Law Offices of Mark M. Childress is here to provide you with dedicated legal representation and support. Our experienced Fort Worth domestic violence attorneys understand the complexities of these types of cases and are prepared to work tirelessly to defend your rights and pursue the best possible outcome.
Contact the Law Offices of Mark M. Childress today to schedule a meeting with our domestic violence lawyer in Fort Worth!
