What Qualifies as Domestic Violence in Houston?
Texas laws refer to domestic violence as "family violence." This crime has a specific legal definition that goes beyond just physical abuse of a family member.
Family violence is a serious offense in Texas, and understanding what constitutes this offense is crucial for protecting your rights, whether you're facing accusations or seeking protection for yourself.
What Is Family Violence?
Under the Texas Family Code, Section 71.004, family violence is defined as an act against a family member intended to cause physical harm, injury, assault, or sexual assault, or a threat that places the family member in fear of those things.
Who Is Considered a Family Member?
The law defines "family" broadly in this context. Family members include people who:
- Are related through blood or marriage
- Were previously married
- Have a child together, regardless of whether they were married or lived together
In addition to family members, Texas domestic violence laws also cover individuals who:
- Have a dating relationship but have never lived together
- Live in the same household, regardless of whether they are related or not
Therefore, a person may face a domestic violence arrest if they are accused of assaulting an unrelated roommate.
Types of Abuse that Constitute Domestic Violence:
Family violence is not limited to physical acts. The law recognizes several forms of abuse that can be considered domestic violence:
- Physical Abuse
Hitting, slapping, kicking, shoving, choking, or any other use of physical force. - Sexual Abuse
Any unwanted sexual contact, including rape, sexual assault, and sexual touching. - Emotional Abuse
Threats or actions that place the family member in fear of immediate harm.
If you are facing accusations of family violence or believe you are the victim of domestic abuse, consider seeking legal counsel from a dedicated lawyer who understands the Texas legal system.
Protecting Your Future: The Stakes in a Domestic Violence Case
A domestic violence conviction in Houston carries severe and long-lasting consequences that can impact nearly every aspect of your life. The penalties go far beyond fines and jail time, potentially affecting your relationships, your career, and your future opportunities. Understanding what's at stake is crucial when facing these charges.
Criminal Penalties
Depending on the severity of the offense, fines can range from thousands of dollars for a misdemeanor conviction to tens of thousands for a felony conviction.
A misdemeanor domestic violence conviction can lead to jail time ranging from days to months. Felony convictions can result in years or even decades in prison.
Restraining Orders and Protective Orders
The court may issue a restraining order or protective order that prohibits you from contacting the alleged victim, even if you live in the same home. As a result, you may be required to vacate your home, even if you are a homeowner or leaseholder.
Impact on Child Custody and Visitation
A domestic violence conviction can severely limit your custody and visitation rights. Texas courts prioritize the safety and well-being of children, and a conviction raises significant concerns about your fitness as a parent.
Immigration Consequences
Even if you are a legal permanent resident, you could be deported due to a domestic violence conviction. A conviction can also make it extremely difficult or impossible to obtain certain visas or immigration benefits in the future.
Employment and Housing Difficulties
Many employers and landlords conduct criminal background checks, and a domestic violence conviction can make it difficult to secure employment or housing.
Certain professions require licenses that may be revoked or denied due to a criminal record, including domestic violence convictions.
Damage to Reputation
Domestic violence carries a significant social stigma that can damage your relationships, your standing in your community, and your overall reputation.
Navigating the Houston Courts: The Domestic Violence Arrest Process
The legal process in domestic violence cases can be confusing and stressful. You can make better-informed decisions when you understand the steps involved, from arrest to potential trial. Here is a step-by-step breakdown of what to expect.
Arrest and Booking Procedures
Unlike some states, Texas does not have a mandatory arrest policy for suspicion of domestic violence. Instead, officers are expected to use their discretion. They can make an arrest based on probable cause — a reasonable belief that you have committed an act of domestic violence.
After the arrest, you will be booked into jail. The jail staff will fingerprint you, take your photograph, and enter your information into the system. You may be held in jail until your first court appearance.
Protective Orders and Hearings
Upon your arrest, a judge may issue an emergency protective order (EPO) that restricts your contact with the alleged victim. You are not required to be in court for this order to take effect.
EPOs typically last between one and three months. A hearing may be scheduled to determine whether a more permanent protective order is necessary. You have the right to be present at this hearing, where you can submit evidence and testify on your own behalf.
Arraignment and Plea Options
The arraignment is your first formal court appearance, where you'll be informed of the charges against you. You will stand in front of a judge and enter a plea: "guilty," "not guilty," or "no contest."
If you initially plead “not guilty” or “no contest,” your attorney will likely attempt to negotiate a plea bargain with the prosecution. This deal could involve pleading guilty to a lesser charge or agreeing to a reduced sentence in exchange for avoiding a trial.
Pretrial Motions and Hearings
It is possible for these negotiations to fall through, or you may decide to fight the charges in court. In that case, your lawyer will likely prepare for trial. They may file motions to suppress evidence, dismiss the charges, or address other legal issues. The court may hold hearings to rule on these motions.
Trial Process and Potential Outcomes
You have the right to a jury trial, where a jury will decide your guilt or innocence. You can also opt for a bench trial, where a judge will decide the case.
You may be found not guilty. This signifies the end of the legal process. You will be acquitted of the charges and allowed to move on with your life.
If the judge or jury finds you guilty, you face specific penalties outlined by Texas law. These can include fines, community service, and prison or jail time.
Sentencing and Appeals
A conviction is not the end of the legal process. A separate hearing will be held for the judge to determine your punishment.
You also have the right to appeal a guilty verdict, which can involve challenging legal errors made during the trial.
Building Your Defense: 5 Possible Strategies
A domestic violence charge does not always lead to a conviction. To challenge the production’s case, your lawyer will work with you to develop a strong defense strategy depending on the facts and available evidence.
Here are five common defenses that may apply to domestic violence cases.
1. Lack of Intent
To prove a domestic violence charge, the prosecution must show that the defendant acted intentionally or knowingly to harm the alleged victim.
If you accidentally caused an injury, or if the contact was unintentional, your lawyer may argue that you lacked the necessary intent for a domestic violence conviction.
2. Self-Defense or Defense of Others
Texas law recognizes the right to use force to defend yourself or others from harm. To assert self-defense, you must have had a reasonable belief that you or another person were in danger of immediate harm. The amount of force used in self-defense must have been proportionate to the threat faced.
3. False Accusations
Unfortunately, false accusations of domestic violence do occur. These accusations may be motivated by anger, revenge, or an attempt to gain an advantage in a custody dispute.
If you are facing a false accusation of domestic violence, we will conduct a thorough investigation, seeking any evidence that will challenge the accuser’s version of events. We might emphasize inconsistencies in their story, a lack of physical evidence, or witness testimony that contradicts the accusations.
4. Procedural Errors by Law Enforcement
During your arrest, the police may have conducted an illegal search of your home or obtained evidence in violation of your rights. In that case, we can move to suppress this evidence.
After you are arrested, law enforcement officers must inform you of your Miranda rights, including the right to remain silent and the right to an attorney. If they neglected to do so, any statements you made to police may be inadmissible.
5. Violations of Your Rights
You have the right to an attorney at every stage of the criminal process, including during questioning. If the police have denied you this right, we can fight to get related evidence thrown out.
Additionally, the police are not allowed to coerce or force a confession out of you. We will challenge any statement obtained through intimidation or threats.
Understanding the Penalties: Texas Domestic Violence Laws
The penalties for domestic violence in Texas depend on the specific circumstances of the offense, such as the severity of the assault, the use of a weapon, and the defendant's prior criminal history.
The presence of aggravating factors, such as a prior criminal history or the use of a deadly weapon, can significantly increase the penalties. The following table outlines the general range of penalties for different levels of domestic violence offenses:
The actual penalties imposed may vary, and a judge has discretion in determining the specific sentence within the legal guidelines.
If you are facing domestic violence charges, it's crucial to seek legal advice from a qualified attorney who can help you understand the potential penalties and build a strong defense.
How Turnbull Legal Group Can Help
At Turnbull Legal Group, we understand that facing domestic violence charges can be a deeply stressful and isolating experience. We believe in a compassionate approach that prioritizes your rights, your well-being, and your future.
Our team of dedicated domestic violence defense lawyers is here to:
- Provide Guidance on Texas Domestic Violence Legislation
We possess in-depth knowledge of the statutes and legal precedents that apply to your case. - Build a Strong Defense Based on the Facts
We will investigate your case and develop a strategy that challenges the accusations, exposes weaknesses in the prosecution's case, and presents your side of the story. - Explain the Legal Process
We will guide you through every step, from arrest and protective orders to potential trial and sentencing, ensuring you are informed and empowered throughout. - Negotiate with the Prosecution
We will leverage our experience to engage in strategic negotiations with the prosecution, exploring all potential options for a favorable resolution. - Prepare for Trial, If Necessary
If your case goes to trial, we will be prepared to fight for your rights in court, presenting a compelling defense and effectively cross-examining witnesses. - Advocate for Your Rights at Every Stage
We will be your voice, your shield, and your unwavering advocate, representing your interests at all times.
Count on our criminal defense attorneys to provide you with clear legal guidance, unwavering support, and a strong defense strategy tailored to your unique circumstances.
Don't Deal with the Texas Legal System Alone
Having a dedicated domestic violence defense attorney by your side is vital. At Turnbull Legal Group, we will fight to protect your rights, present your side of the story, and work toward the most favorable outcome for your case.
