There is no doubt that relationships and families can be complicated. From
arguments between spouses to arguing with teenagers over chores, homework,
curfews, social media, and overuse of devices, sometimes things get heated
and the neighbors call 911.
If someone in your household, or perhaps a neighbor called the police during
one of these family disputes and you were arrested for family violence,
you could be facing serious criminal charges.
family violence, otherwise known as “domestic violence” in other states, refers to acts of violence, or threats of violence
between family or household members. In effect, spousal abuse and child
abuse would fall into this category.
There is no separate statute for family violence. Instead, family violence
is covered under
Penal Code, Title 5, Chapter 22. An act of family violence can be charged as any number of offenses under
the Texas Penal Code, including:
- Aggravated Assault
- Sexual Assault
- Injury to a Child, Elderly Individual, or Disabled Individual
- Deadly Conduct
- Terroristic Threat
Depending on the offense, the degree of injury and the facts of the case,
family violence can be charged as a misdemeanor or as a felony offense in Texas.
Family Violence Protective Orders
If you have been arrested for family violence, the alleged victim can seek
a protective order against you. If he or she obtains a protective order,
then the protective order can order you to:
- Stop committing acts of family violence against your family or household members,
- Stop all communications with your family members,
- Stay away from your home, or your family member’s place of employment,
- Stay away from your child’s school, preschool, or daycare center,
- Not remove any pets from your home,
- Pay child or spousal support, and
- Turn over any firearms that you own or possess to the police.
Can I be removed from my home? Yes, that is a possibility. If the judge
considers you to be dangerous to your family or household members, he
or she can grant someone, such as your spouse “exclusive possession”
of the home, even if it is owned or leased by you.
If you were arrested for family violence, depending on the circumstances
of the case, you could be facing years behind bars. Protect yourself today –
call The Zendeh Del Law Firm, PLLC for an aggressive defense.