The State of Texas takes domestic violence charges very seriously. Domestic violence is often referred to as family violence, and it relates to causing someone who lives with you or with whom you have a current or former romantic relationship to be harmed or to have a credible fear of being harmed.
If you’re facing a domestic violence charge, you should not wait to reach out for the skilled legal guidance of an experienced domestic violence attorney in Cedar Park.
Assault Charges
Domestic violence charges in Texas are addressed by the state’s assault laws. The fact that the person harmed by the assault in question is a relative, romantic partner, or household member elevates the charge to domestic violence.
Assault charges are grouped into simple assault and aggravated assault.
Simple Assault
The charge of simple assault addresses recklessly, intentionally, or knowingly causing another person to be harmed physically – or credibly threatening the other person with imminent physical harm. Engaging in physical contact with another person in a way that you either know or reasonably should know will be taken as provocative or offensive also qualifies as simple assault.
Aggravated Assault
For the charge to rise to the level of aggravated assault, one of the following aggravating factors must apply:
You caused the other person to suffer a serious injury.
You used or exhibited a deadly weapon in the commission of the assault.
It is important to note here that anything that can be used to cause serious harm can be classified as a deadly weapon. While both guns and knives are considered deadly weapons, they are just the tip of the iceberg.
Domestic Violence Charges
For the assault charge to be considered a domestic violence charge, the victim must fit in one of the following relationship classifications:
A spouse or former spouse of the accused
A romantic partner or former romantic partner of the accused
A family member of the accused, which includes being related by marriage
A current or former member of the accused’s household
When the Charge Is Simple Assault
When the underlying charge is simple assault, it means the victim wasn’t seriously harmed, and the charge is likely to be levied as a Class A misdemeanor. A conviction for such a charge carries up to a year in jail and fines of up to $4,000. However, if the accused has any prior domestic violence charges, he or she can face a third-degree felony, which comes with a prison sentence of 2 to 10 years and fines of up to $10,000.
When the Charge Is Aggravated Assault
If the person alleging domestic abuse suffered a serious bodily injury, such as a broken bone, or if a deadly weapon was produced in the course of the crime, the charge involves aggravated assault. This charge is a second-degree felony, and a conviction carries 2 to 20 years in prison and fines of up to $10,000.
Continuous Violence against the Family
When the accused has been charged with two acts of domestic violence in 12 months, it can lead to an enhanced charge of continuous violence against the family. The first charge doesn't have to lead to a conviction for the continuous violence charge to stick, and the victims involved don't have to be the same person.
A charge of continuous violence against the family is a third-degree felony that carries a prison sentence of from 2 to 10 years and fines of up to $10,000.
If you are facing a domestic violence charge of any kind, reach out for the legal counsel of a Cedar Park criminal defense attorney.
Strangulation
Strangulation – or interference with the victim’s ability to breathe freely – is so dangerous and so terrifying that it receives special attention in domestic violence charges and can lead to enhancements. Texas courts take strangulation very seriously because all of the following special concerns apply to cases involving strangulation:
It can lead to a loss of consciousness in a matter of seconds.
It can lead to death in a matter of minutes.
It can be very difficult to prove – many victims don’t bear any marks of strangulation.
Those who engage in strangulation are far more likely to escalate the level of violence they employ.
The Charge of Stalking
Stalking can also lead to domestic violence charges. When the person being stalked qualifies under the parameters of domestic violence charges, the stalking charge is considered a form of domestic violence. Again, this means that the victim is related to the accused, is a romantic partner of the accused, or is a member of the accused’s household.
For the charge of stalking to hold, all the following elements must be present:
The stalking behaviors of the accused must focus on a specific individual – rather than being generalized in approach.
The stalking behaviors of the accused must occur more than once.
The accused must have known – or reasonably should have known – that the behaviors would cause the victim to feel harassed or threatened.
Stalking as Domestic Violence
When the stalking crosses the line into domestic violence, all the following actions can lead to criminal charges:
Actions that would cause a reasonable person to fear for his or her own safety, for the safety of a family or household member, or for the safety of a romantic partner
Actions that would cause a reasonable person to feel personally harassed, alarmed, tormented, or abused
Actions that would cause a reasonable person to be concerned about damage to his or her property
Forms of Stalking
While stalking can take many different shapes, some are more common than others, including the following behaviors:
Observing the stalking target from a distance
Following the stalking target or following a member of his or her family or household
Hanging around places where the stalking target is expected to show up
Vandalizing property that belongs to the stalking target
Harming a pet that belongs to the stalking target
Incessantly messaging, texting, calling, or emailing the stalking target
Driving by places the stalking target frequents
Secretly tracking the stalking target via GPS or another technological tool
Sending unwanted gifts to the stalking target
A Stalking Conviction
Typically, stalking is charged as a third-degree felony. If you are convicted, you can face 2 to 10 years in prison and fines of up to $10,000. A prior stalking conviction can increase the charge to a second-degree felony, which carries 2 to 20 years in prison and fines of up to $10,000.
The consequences of a stalking conviction are serious, so it’s essential to have a Cedar Park defense lawyer at your side to help you pursue the best possible outcome for your case.
FAQ about Domestic Violence Charges
Consider the answers to the following frequently asked questions in relation to your own domestic violence concerns.
Who Does the Term “Family Member" Apply to for Domestic Violence Charges?
In Texas, the term “family member” in domestic violence charges applies to all the following people:
Anyone who is related by blood
Anyone who is related by marriage
A former or current spouse
The co-parent of a shared child
Domestic violence charges also cover offenses against current and former household members.
What Does Bodily Injury Entail?
In Texas, bodily injury includes anything that causes the victim to experience physical pain, impairment of physical condition, or illness. Even if your accuser doesn’t suffer a serious injury – or any physical injury – a domestic violence charge can still apply, and having the professional legal counsel of a seasoned Cedar Park domestic violence lawyer is in your best interest.
Can the Accuser Drop the Domestic Violence Charge?
Only the prosecutor – or the state – has the authority to drop a criminal charge of any kind, and this includes domestic violence charges. However, if your accuser recants or is not interested in pressing charges, it will be far more difficult for the state to build a strong case and obtain a conviction.
Is the Charge of Domestic Violence a Felony?
Most domestic violence charges are levied as Class A misdemeanors that carry up to a year of jail time. However, if the accusation involves a serious bodily injury or the production of a deadly weapon in the course of the crime, a felony charge will likely apply.
What If My Accuser Doesn’t Qualify as a Family Member?
Texas’s parameters for domestic violence are quite broad and extend to past and current romantic partners, past and current household members, and family members. If the person who accuses you of domestic violence doesn’t belong in any of these groups, the charge of domestic violence shouldn’t apply.
Do I Really Need an Attorney?
If you are facing a domestic violence charge, the legal and social consequences that come with a conviction are severe and can seriously affect your future. Having a savvy Cedar Park domestic violence attorney in your corner can make a significant difference in your case’s outcome, and proceeding without focused legal representation can lead to dire results.
What Are the Social Consequences of a Domestic Violence Conviction?
In addition to jail time and fines, a domestic violence conviction can lead to serious social consequences that can hold you back, including the following outcomes:
You will be prohibited from possessing a gun, which limits your career prospects for the armed forces, armed guard positions, and law enforcement jobs.
A conviction can limit your opportunities for employment, education, and housing.
A conviction can directly affect your immigration status and can lead to deportation.
A conviction can be used to enhance any subsequent domestic violence charges you may face in the future.
It’s important to note that your criminal record is a matter of public information. Further, even a deferred adjudication in your domestic violence case is considered an admission of guilt, which can have devastating social consequences.
Can I Have My Domestic Violence Conviction Sealed?
In the State of Texas, domestic violence convictions can’t be sealed or expunged – even if you successfully complete the requirements of deferred adjudication. As such, working closely with a practiced domestic violence defense attorney from the start is always well advised.
What Kinds of Protective Orders Are Used in Texas?
Protective orders in Texas domestic violence cases fall into three basic categories.
Emergency Protective Orders
Emergency protective orders (EPOs) are issued in response to domestic violence arrests, and they are intended to stop the accused from further abusive, threatening, or harassing behaviors. These orders can also be issued to prevent contact of any kind. EPOs are generally issued for 31 to 91 days – with no additional extensions.
EPOs sometimes include what are known as kick-out orders that evict the accused from the shared residence. The intent is to give the accuser time to determine next steps.
Temporary Ex Parte Protective Orders
A temporary ex parte protective offer is an immediate court order that is intended to offer protection from abusive, harassing, or threatening behavior and includes a no-contact component.
The accused does not need to be present when such a protective order is issued, and the resulting protective order affords the accuser with temporary protections until a full hearing in pursuit of a final protective order occurs. Temporary ex parte protective orders can last up to 20 days and can be extended at the request of the applicant or the court.
Final Protective Orders
Final protective orders remain in effect for the period stated in the order, which is limited to two years. If no end date is included, the order ends two years from the date it was issued. Final protective orders are designed to provide more lasting protections against abusive, threatening, or harassing behaviors. In some cases, final protective orders can be renewed.
It’s Time to Consult with an Experienced Cedar Park Domestic Violence Defense Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard in Cedar Park, Texas, is a well-respected domestic violence defense attorney with an impressive track record of helping clients like you prevail with favorable resolutions. The outcome of your case is important to your future, so please don’t wait to reach out and contact us online or call us at (254) 781-4222 for more information today.