What Is Considered Family Violence in Texas?
To understand the definition of family violence in Texas, one must first understand Texas law’s definition of assault. Assault is defined as a person intentionally, knowingly, and/or recklessly causing bodily injury to another individual. Examples of Bodily Harm Include:
- Scratching
- Hitting
- Grabbing
- Pushing
If you have been arrested for family violence, you need the right defense attorney to fight for you. Gallian Firm has extensive experience in family and domestic violence cases involving serious bodily injury throughout the state of Texas.
What Defines Family or Domestic Violence?
Family violence or domestic violence allegations are allegations that an assault was knowingly committed against a member of the family. The definition of “family” is broad in Texas law. The following relationships are defined as family, regardless of the living situation:
- Related to by Blood or Marriage
- Former Spouse/Partner
- Parents of the Same Child
- Foster Parent/Child
- Stepparent/Stepchild
- Another Member of Household
There does not need to be proof of bodily injury for an individual to be arrested and charged with family violence or domestic violence. A mere allegation is sufficient.
Is There a Difference Between Family and Domestic Violence?
No, the terms family violence and domestic violence both refer to the same criminal allegations. There are three main types of these charges, each with varying severity and circumstance. These include family violence, aggravated family violence, and continuous violence against the family.
What Are the Penalties If Convicted?
Harsh penalties can result if the prosecution secures a conviction for domestic violence. These penalties will depend on several factors, including the severity of the crime, the relationship with the victim, and previous and/or additional charges.
Penalties for domestic violence include jail and/or prison time and excessive fines. A misdemeanor conviction faces $4,000 in fines. Any severity of felony conviction can result in fines of up to $10,000.
You could spend years behind bars if convicted of family violence. In Texas, even a misdemeanor conviction has the potential to result in 12 months behind bars. Spending years behind bars would destroy your job, family, and future. Do not let the legal system sentence you to these long prison terms without putting up a fight and employing the best family violence defense attorney you can find.
How Long Can I Spend in Jail for Domestic Violence?
You could spend years behind bars if convicted of family violence. In Texas, even a misdemeanor conviction has the potential to result in 12 months behind bars.
You could face up to 10 years in prison if convicted of a 3rd-degree felony, 20 years for a 2nd-degree felony, and up to 99 years for a 1st-degree felony conviction.
Spending years behind bars would destroy your job, family, and future. Do not let the legal system sentence you to these long prison terms without putting up a fight and employing the best assault family violence lawyer you can find.
What Additional Consequences Can Result in Charges?
Family violence charges can also cause issues in the future, including problems with work and family. Additional consequences can include:
- Inability to Purchase / Own A Firearm
- Barred from Obtaining a Texas State Hunting or Fishing License
- Loss of Child Custody
- Lack of Employment Opportunities
- Barred from Housing Opportunities
These charges are damaging to your reputation and will follow you for many years to come. Domestic violence lawyers devote their time to making sure this will not happen, and Gallian is the best domestic violence defense attorney you can have defending you.
How Do Most Domestic Violence Cases End?
Most family violence cases are dismissed when there is insufficient evidence of an assault. This proof may include a lack of medical records or injuries.
With the right lawyer, the majority of family or domestic violence cases can be settled without going to trial. Your lawyer will gather evidence, testimony, and other case-specific information. They will then meet with the prosecution to attempt to convince them to dismiss your charges. If this fails, they will defend you to the full extent of the law.
Can I Get a Dismissal for a Family Violence Case in Texas?
Yes, as the assault family violence lawyers like Gallian Firm can share in your free consultation, cases can be dismissed in court if certain circumstances occur. For example, if prosecutors recognize a pattern of false allegations has been made by the victim. This destroys the accuser’s credibility and makes it likely that the case would be dismissed.
Gallian Firm understands the prosecution side of the legal system and knows what evidence is required for a conviction. This knowledge allows domestic violence defense lawyer Gallian to have the majority of family or domestic violence charges dismissed.
Can I Get These Charges Off My Record?
Yes, if your case is dismissed or you are acquitted of your charges, you will then qualify to have these charges removed from your record. This would remove any allegations of violence, including police and arrest records.
What If I Have a Criminal Record?
People make mistakes and the legal system is especially harsh for those with previous criminal convictions. Law enforcement will often push as many charges as possible on an individual who is a convicted felon or has a criminal history.
Domestic violence attorneys Gallian Firm fight to protect their clients and ensure that all receive fair and equal treatment. An arrest is not a conviction. You are innocent unless the prosecution can prove otherwise, regardless of any criminal record that may exist.
How Much Does Dallas Domestic Violence Attorneys?
Costs for hiring a domestic violence defense attorney can vary depending on the complexity of your case. Gallian Firm provides free consultations for their clients. This is the time where potential fees for legal representation can be further evaluated and discussed.
At this consultation, family violence attorneys Gallian Firm will provide honest legal advice regarding the potential outcomes in your unique case. Their rates are fair and a worthy investment for the protection of your freedom and future. You can see at that time if Gallian Firm is the right fit for you.
Why Is Gallian Firm the Best Family Violence Lawyer in Dallas?
Assault family violence charges can potentially destroy your current and future opportunities and a criminal defense lawyer is extremely important if charges are made against you. It is crucial that you hire the best family violence lawyer to avoid a conviction and the harsh penalties that could result. An experienced domestic violence lawyer can often have these cases dismissed before a court date or charges significantly lessened.
This is a broad area of law that requires extensive knowledge and experience in the courtroom. Gallian Firm are experienced family violence defense attorneys in Dallas who know Texas domestic violence laws better than most family violence lawyers nationally. They have been successfully defending those charged with family violence for years.
As a former prosecuting attorneys, the family violence lawyers at Gallian Firm have the experience and knowledge to understand both sides of the law. They know what evidence the prosecution needs to pursue an assault family violence conviction. They also know what needs to be done to have your case dismissed.
Gallian Firm is committed to defending clients against false and destructive allegations of family violence.
They will work hard to build a case that will restore your reputation and ensure your freedom. In many cases, domestic violence defense attorney Gregg Gallian can even have your charges dismissed before the court date.
What Should I Do After an Arrest for Domestic Violence?
You must act quickly if you have been arrested for assault family violence in Dallas, Texas, or surrounding areas. These charges are serious and the longer you delay seeking legal representation, the more likely it is that your case will suffer a poor outcome.
There are several things that should be done to protect your legal rights and increase the likelihood of beating these charges.
- If charged, immediately contact domestic violence attorneys Gallian Firm to schedule a free consultation and case review to discuss your case.
- Document everything that occurs during this time period related to your case. Send all related documents, including arrest reports, hospital records, etc. to the office. You should also document any correspondence, including text or email communications with the accuser.
- Avoid all contact with the accuser, regardless of marital status. This can harm your case and may result in additional charges if a protective order has been filed.
- Let domestic violence lawyers Gallian Firm then go work on your behalf to build a defense case and/or have these charges dismissed.
If a case dismissal isn’t possible, domestic violence defense attorneys Gallian Firm will build a solid defense case and fight to prove your innocence in the courtroom.
It is critical to contact the domestic violence defense attorneys at Gallian Firm as soon as possible if you are facing domestic violence charges. It is never too late to contact the firm, even if another attorney has already been hired. Your future depends on having the best domestic violence defense lawyer in your corner. Call our Dallas office at (214) 432-8860 for a free consultation.
Request A Free Case Review With Our Dallas Domestic Violence Defense Lawyers
Gallian Firm are domestic violence defense attorneys committed to providing their clients with the best criminal defense against domestic violence charges. They have helped hundreds of clients in Dallas and surrounding areas beat these charges and move on with their lives.
Schedule a free consultation with domestic violence lawyers at Gallian Firm by calling 214.432.8860.