Austin Family Violence Defense

According the the Texas Penal Code and Family Code, a person commits domestic assault if they “intentionally, knowingly or recklessly cause bodily injury” to a family member or household member. A threat that places someone in fear of imminent bodily injury can qualify as domestic assault. Family violence also includes violence in dating relationships.

Criminal Punishment

A person arrested for family violence can be held for up to 48 hours, even if the person has posted bail, if there is reason to believe that violence will continue upon release and there have been prior instances of domestic violence or a deadly weapon was used or exhibited.

A first conviction for domestic assault is a class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine. The court may also find an affirmative finding of family violence which has serious consequences, such as prohibiting owning a firearm and effects on family court decisions. Domestic assault is an enhanceable crime, which means that subsequent offenses can increase the degree and range of punishment. A second domestic violence offense can be a third degree felony, punishable by up to ten years in the penitentiary and up to a $10,000 fine. Habitual offenders can receive 25 years to live in the penitentiary.

Texas domestic violence cases feature a major difference from other misdemeanor assault crimes: the police must make an arrest if they find any probable cause to believe that the crime was actually committed. If you have been arrested for domestic assault or any other family violence charge, contact Austin Criminal Defense Lawyer Hector Gonzalez III for a free consultation about your legal options

Most people are unaware that their local police departments have a mandatory arrest policy when the police are called to a home for allegations of domestic violence. That means that if a neighbor calls 911 because a husband and wife are screaming at each other and causing a commotion next door, the police will go to that residence intending to arrest the more "culpable" one -- however they view that. Sometimes a husband will literally "volunteer" to be arrested so that his wife can remain home with the kids. Other times, the police simply get it wrong.

Most people are also unaware that the alleged victim in a domestic violence case does not have the power to "drop the charges." Once a person is arrested and brought before a court for arraignment, the district attorney's office takes control of the case. Most prosecutors will never agree to dismiss domestic violence charges at an arraignment. That means that if you are charged with domestic assault and battery, or violation of a restraining order, or any other type of domestic violence, you should hire a good attorney to work toward ultimately getting the case dismissed.

Domestic Violence and Divorce

Domestic violence and divorce often go hand-in-hand. Oftentimes, a judge can order a temporary restraining order during divorce proceedings, which can prevent contact between spouses or even a parent and children. Violating a protective can lead to your arrest & a wide range of criminal charges.

Contact A Family Violence Attorney

If you've been arrested for or being questioned about a possible act of violence, contact me immediately. In many cases early intervention is the difference between guilty and not guilty!