Were you recently arrested for
family violence, otherwise known as
domestic violence? If so, it’s important that you understand the seriousness of the
situation, even if you are being wrongfully accused.
The Texas Family Code defines family violence as an act by one family or
household member against another family or household member that’s
intended to cause physical harm or bodily injury. Family violence also
includes assault, sexual assault, and threatening to hurt another member
of the same household.
Family violence includes:
- Spousal abuse,
- Child abuse,
- Dating violence, and
- Violence between current and former members of the same household.
Family violence does not, however, apply to the measures that one has to
take to protect themselves from another’s act of violence. In other
words, people are allowed to defend themselves (self-defense).
How is family violence prosecuted?
Texas does not have a separate statute by which family violence offenses
are charged. Instead, domestic violence offenses are prosecuted under
Chapter 22 of the Texas Penal Code. Generally, family violence offenses are charged
as one of the following:
- Aggravated Assault
- Deadly Conduct
- Sexual Assault
- Terroristic Threat
- Aggravated Sexual Assault
- Injury to a Child, Elderly Individual, or Disabled Individual
The penalties for a family violence conviction are dictated by the offense
that the defendant is charged with. Family violence may be charged as
a misdemeanor or a felony offense depending on the facts surrounding the
case, the age of the victim, and the extent of the victim’s injuries.
If you are facing domestic violence charges, it’s critical that you
speak with an experienced criminal defense attorney at once to ensure
your rights are protected.
A conviction for domestic violence can mean: you lose custody of your children,
you’re forbidden from returning to your own home, you lose your
right to possess a firearm, and you’re sent to jail or prison.
You have a lot at stake, so do not hesitate to contact us for the aggressive
representation you need.
Contact The Zendeh Del Law Firm, PLLC to work with one of Plano’s top-rated