Texas Family Violence Laws
Several Texas laws can be violated under the umbrella of family violence.
The primary statutes include:
Texas Penal Code § 22.01: This section addresses assault, including various forms of family violence, such as causing bodily injury or threatening someone with imminent injury.
Texas Family Code § 71.004: This section outlines the legal definition of family violence and identifies the circumstances under which it can be prosecuted.
Texas Penal Code § 25.11: This law addresses the offense of “continuous violence against the family,” which can include multiple incidents occurring within 12 months.
Common Crimes that Fall Under Texas Family Violence Laws
Family violence can include different criminal actions, such as:
- Assault (simple assault): Intentionally or knowingly causing bodily injury to another or threatening imminent harm. Actions can include hitting, slapping, pushing, restraining someone against their will, any unwanted offensive or provocative contact, or intimidation. This is typically charged as a Class A misdemeanor.
The Complications of Family Violence Accusations
Family violence cases can frequently devolve into “she said/he said” situations. Exaggerations, misrepresentations, and outright lies can form the basis of a family violence accusation. These typically occur in cases where intimate relationships have broken down, such as in divorce, custody disputes, and other emotionally charged conflicts.
Often, no witnesses to the alleged abuse are available, and physical evidence is limited or nonexistent. In Texas, law enforcement officers responding to a domestic disturbance call are not automatically required to make an arrest. However, they can arrest someone if they have probable cause to believe an offense has been committed.
What Is Probable Cause?
Probable cause is based on a reasonable belief that an offense has occurred. This belief must be more than mere suspicion but does not need to meet the higher standard of proof required for a conviction.
It can be derived at the site of the incident from visible injuries, damaged property, or other physical signs of violence. Other factors can include testimonies from the alleged victim, witnesses, or the suspect, signs of fear, aggression, or alcohol/substance abuse, and onsite indicators of a physical struggle.
Texas Family Violence Charges & Penalties
Depending on the situation, family violence charges can lead to months or years of incarceration, heavy fines, lengthy probations, mandated batterer’s programs, and restraining orders, also known as protective orders in Texas.
How Protective Orders Can Impact You
Protective orders are legal instruments designed to protect victims of family violence under Texas Family Code Chapter 85. These orders can prohibit the alleged abuser from contacting or coming near the victim, as well as deny access to shared residences or children. Other orders or restrictions may be included, such as prohibiting possession of guns and participation in mandatory counseling or substance abuse programs, depending on the circumstances.
Violations of protective orders can result in criminal penalties, further complicating the legal repercussions for alleged abusers. These restraining orders are commonly issued by courts to protect victims and their families and promote their safety during volatile situations and relationships.
Why You Need an Experienced Lawyer in Family Violence Accusations & Charges
Accusations of family violence can profoundly affect your personal and professional life, not only your reputation but also your relationships with loved ones. These accusations call for the services of competent legal counsel.
Navigating the complexities of the legal system in these cases without a skilled attorney can expose you to an unfair outcome. This can potentially lead to unjust convictions with severe penalties. Qualified legal representation can provide the necessary guidance and support to help you understand your rights and options in these sensitive situations.
In many instances, the credibility of each party’s statements in a family violence incident becomes crucial in determining the direction of the case, especially when no witnesses or physical evidence can substantiate claims.
This leaves the prosecution heavily reliant on the victim's testimony, which can be subject to scrutiny and potential inconsistencies. After an in-depth investigation, your defense team may uncover flaws or weaknesses in the prosecution’s assertions or question the alleged victim's credibility, witnesses, or evidence.
At Sarabia Law Firm, we can thoroughly investigate and analyze your case to devise the most effective defense plan and advocate for you during negotiations with prosecutors or court appearances. Our legal representation can provide a lifeline during these critical times as we protect your rights and fight for fair treatment and the best possible resolution.
We offer free initial consultations with an Odessa family violence lawyer. Call (432) 224-8036 or email us to make an appointment.
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