What Constitutes Domestic Violence in Texas?
Domestic violence, also known as family violence, is a serious offense in Galveston, Texas. It is broadly defined as an act against a family member, household member, or dating partner that is intended to cause physical harm, injury, or assault — or a threat that places the victim in fear of such harm.
Understanding the Dynamics of Domestic Violence
Domestic violence is a complex issue often characterized by a pattern of power and control exerted by one person over another in an intimate relationship. It can take many forms, including physical, emotional, psychological, and financial abuse.
Domestic Violence Cases We Handle
Our team has experience representing individuals facing a wide range of domestic violence accusations in Galveston.
Assault Family Violence
Any physical contact that causes pain or injury to a family member constitutes assault family violence.
Aggravated Assault Family Violence
An accusation of aggravated assault family violence can come with more severe penalties than assault. This crime occurs when someone causes serious bodily injury to a family member or uses a deadly weapon during an assault.
Violation of a Protective Order
Disobeying the terms of a court-issued protective order designed to protect a victim of domestic violence is a crime.
Stalking
Stalking means engaging in a pattern of behavior that causes a reasonable fear for another person's safety. Being accused of stalking can significantly impact your life and harm your reputation. We will work diligently to mitigate these consequences.
And More
We also handle related charges, such as interference with emergency calls, criminal mischief, unlawful restraint, and harassment.
The Arrest Process for Domestic Violence in Galveston
When law enforcement responds to a domestic disturbance call in Galveston and suspects domestic violence has occurred, an arrest is likely, even if the alleged victim does not want to press charges.
Key Steps in the Galveston Domestic Violence Arrest Process:
Understanding the arrest process is crucial to protecting your rights.
- Investigation: Police officers will investigate the alleged incident by gathering evidence, interviewing witnesses (including children), and documenting any visible injuries.
- Arrest: If the police have probable cause to believe that domestic violence has occurred, they will arrest the alleged perpetrator.
- Booking: The accused will be taken to the Galveston County Jail for booking, which includes fingerprinting, photographing, and being informed of the charges.
- Magistrate appearance: Within 48 hours of the arrest, the accused will see a judge to have bail set and have an attorney appointed if they cannot afford one.
- Arraignment: The accused will be formally charged with the offense and will enter a plea (guilty or not guilty).
Domestic violence allegations can be made falsely, sometimes out of anger, revenge, or to gain an advantage in child custody disputes. It is crucial to exercise your right to remain silent and not make any statements to the police without consulting with an attorney.
Understanding No-Contact Orders in Galveston
In many domestic violence cases, a judge may issue a no-contact order as a condition of release or as part of a protective order. This order prohibits the accused from having any contact with the alleged victim, either directly or indirectly.
Penalties for Domestic Violence in Galveston
The penalties for domestic violence convictions in Galveston, Texas, vary depending on the severity of the offense, the defendant's prior criminal history, and other factors.
Note: The above table provides a general overview. Penalties may be enhanced based on specific circumstances.
Long-Term Consequences of Domestic Violence Charges
A domestic violence conviction in Galveston can have significant and long-lasting consequences that extend beyond the immediate penalties imposed by the court.
- Criminal record: A conviction will result in a permanent criminal record, which can impact future employment opportunities, housing, education, and professional licensing.
- Immigration status: Non-U.S. citizens convicted of domestic violence may face deportation or denial of citizenship.
- Child custody and visitation: A conviction can negatively impact child custody and visitation rights.
- Loss of gun rights: Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms.
Aside from the legal consequences, a domestic violence conviction can also lead to social stigma and strained relationships. The attorneys at Turnbull Legal Group understand how devastating domestic violence charges can be and will work to protect your reputation and legal standing.
Expungement and Sealing of Records
In certain circumstances, it may be possible to have a domestic violence conviction expunged or sealed from your record in Texas. This can help mitigate some of the long-term consequences associated with a criminal record.
Defending Against Domestic Violence Charges in Galveston
Our legal team is committed to building a strong and effective defense strategy to fight domestic violence accusations in Galveston. The common legal defenses include:
Self-Defense
If you acted in self-defense or to protect another person from harm, we will work to demonstrate that your actions were justified.
False Accusations
We investigate claims of false allegations, which may arise from motives such as revenge, anger, or seeking advantage in a child custody dispute.
Lack of Intent
We challenge the prosecution's ability to prove that you acted with the intent to cause harm or fear.
Insufficient Evidence
We scrutinize the evidence presented by the prosecution, including police reports, witness statements, and medical records, to identify weaknesses and inconsistencies in their case.
Our Legal Process: How We Fight for Your Rights
We employ a comprehensive and strategic approach to representing clients facing domestic violence charges in Galveston.
1. Initial Consultation
We begin with a confidential and free consultation to understand the details of your case and answer your questions.
2. Thorough Investigation
Our team conducts a detailed investigation, gathering evidence, interviewing witnesses, and reviewing all relevant documents.
3. Strategic Legal Counsel
We provide legal advice tailored to your specific situation and explore all available legal options.
4. Pre-Trial Motions
We file pre-trial motions to challenge evidence, suppress illegally obtained evidence, or seek dismissal of the charges.
5. Negotiations
We engage in negotiations with the prosecution to explore the possibility of reduced charges, alternative resolutions, or a favorable plea bargain.
6. Trial Preparation and Representation
If your case goes to trial, we will meticulously prepare your defense and provide skilled representation in court.
7. Post-Trial Advocacy
If necessary, we will pursue appeals and post-conviction relief to protect your rights.
Take Action Now: Protect Your Rights in Galveston
If you're facing domestic violence charges in Galveston, don't delay in seeking legal help. We are ready to fight for your rights and your future. Contact us today for a free consultation.