San Antonio Domestic Violence Lawyer

Do I need a Domestic Violence
Lawyer in San Antonio?

Family violence (also called domestic violence) is aggressively prosecuted in San Antonio courts and a conviction can have very serious, lifelong consequences. With the way domestic violence laws are enforced, police require little evidence to make an arrest. A difficult part of dealing with a domestic violence charge in San Antonio is that it often involves conflicting stories from each person. In these cases, the “victim” is usually the person who contacts the police first.

Unfortunately, the system can be easily used by someone with an agenda who wants revenge against his or her partner. This need for revenge may arise from a family court matter, divorce, child custody dispute, or recently discovered affair. San Antonio courts have many men and women facing Domestic Violence charges, some who have pled guilty to crimes they did not commit, or were unfairly convicted at trial due to being wrongfully accused.

In Texas, a person commits family violence if they hurt or threaten to hurt a romantic partner or someone in their family or household.

The people included under the Texas family violence laws may not always be intuitive. They can include current roommates and former spouses with whom you no longer live. It can also include people who you are dating.

Continuous family violence means a person is accused of committing family violence at least two times in a year. The penalty for a family violence charge that falls under this category is enhanced to a third degree felony.

Jail Time and Fines

Depending on the severity of the offense and the number of family violence convictions you’ve already had, you can spend up to 10 years in a Texas prison and pay up to $10,000 in fines.

• Class C Misdemeanor – Punishable with a fine up to $500. This punishment is for offenses that don’t involve any bodily injury.
• Class A Misdemeanor – Punishable up to 1 year in jail and a $4,000 fine. This level of offense is charged when there is a finding of bodily injury, such as bruising or scratches. Sometimes, just having the victim say that they were hit and felt pain is enough, even if there is no physical evidence.
• Third Degree Felony – Punishable 2 to 10 years in prison and a $10,000 fine. This charge happens when you have a history of family violence or if it is found that you tried to strangle the victim. The continuous family violence enhancement falls under this punishment category.
• Second Degree Felony – Punishable 2 to 20 years in prison and a $10,000 fine. This applies to those accused of trying to strangle the victim while having a previous family violence conviction.

Enhancement for Prior Family Violence Convictions

As you can see in the punishment details above, your second family violence charge is now a third-degree felony. The laws are enforced in a way that makes it easy for someone to be arrested for suspected family violence. That’s why it’s important for you to fight your first family violence charge and push for a dismissal or reduction.

Restrictions on Firearm Possession

Under Texas law, if you are convicted of a family violence offense, you have to wait five years from the end of your sentence before you can lawfully possess a firearm. But keep in mind that at the federal level, there is a broader lifetime firearms and ammo possession and ownership ban of anyone convicted of family violence.

Child Custody and Visitation Issues

A charge or conviction can complicate or limit your ability to see your kids. For example, if there’s a protective order in place you will probably not be allowed to go near the victim’s home. If your children live there, you’ll have to make arrangements to see or communicate with them without violating the order.

There is also the possibility that if the victim is the parent of your children, they may take the family violence conviction as an opportunity to modify the custody and visitation order to permanently reduce your time with the children.

Criminal Record

Having a family violence conviction on your criminal record will probably cause certain potential employers to look the other way. This is especially true with teaching, nursing, and other professional positions. You could also lose the job you already have with a family violence conviction on your record.

Under U.S. immigration laws, there are lists of criminal offenses that will cause an immigrant to be deportable. Some of them depend on the amount of time that has passed since you have entered the United States.

Any non-citizen immigrant who is convicted of a domestic violence offense is deportable. This is true regardless of the amount of time the immigrant has been living in the United states. Even if you are not put in removal proceedings, you may still face issues coming back from international travel or when applying for citizenship.

The fact that the victim no longer wants to press charges does not automatically lead to the case being dismissed. That decision is left to the prosecutor. The victim can even sign an Affidavit of Non-Prosecution saying that they don’t want anything to do with the case anymore and the state will probably continue forward with their prosecution.

This is because police and prosecutors have changed their policies and tactics to make sure they can prosecute family violence cases even when the victim doesn’t want to anymore. Police often get sworn statements from the victims in the heat of the moment. If the victim wants to withdraw or change the statement, they might be threatened with prosecution themselves. Police also have almost everything on video nowadays and know what questions to ask to get a family violence arrest.

Do not rely on the victim’s word that they will withdraw the charges against you. Chances are that the prosecution against you will continue regardless.

Hiring a San Antonio domestic violence attorney can make a significant difference. They have the specialized knowledge and experience to handle these complex cases.

This article will explore why it’s crucial to hire a domestic abuse lawyer in San Antonio. We’ll delve into the benefits of professional legal assistance and how it can impact your case’s outcome.

Understanding Domestic Violence in San Antonio

Domestic violence in San Antonio involves more than just physical abuse. It includes emotional harm, intimidation, and economic control. Each case is unique, demanding a thorough understanding of local laws and definitions.

The legal system in San Antonio recognizes various forms of domestic violence. This broad scope requires specialized legal knowledge to ensure victims receive the protection they need. An attorney with experience in local regulations can navigate these complexities effectively.

The Emotional and Legal Complexities of Domestic Violence Cases

Domestic violence cases are emotionally taxing for victims. They often struggle with fear, anxiety, and confusion. These feelings can make it hard to make sound legal decisions.

Legally, these cases are intricate. Courts consider many factors, including prior incidents and the presence of children. A skilled attorney helps untangle these complexities, providing a clear path forward.

The Benefits of Specialized Legal Expertise

Hiring a San Antonio domestic violence attorney provides a distinct advantage. These lawyers understand the nuances specific to local laws. Their expertise ensures the defense is both thorough and precise.

Specialized attorneys can effectively interpret complex legal jargon. They know the best strategies for defense or negotiation. With their help, clients receive focused, expert guidance tailored to their unique situations.

Protecting Your Rights and Building a Strong Case

A San Antonio domestic violence attorney plays a crucial role in safeguarding your legal rights. They meticulously gather evidence to support your case. This process strengthens your position in court.

By having a well-prepared case, your chances of a favorable outcome increase. Attorneys identify key witnesses and relevant documents. This strategic approach ensures a comprehensive defense for their clients.

Navigating Restraining Orders and Court Proceedings

Dealing with restraining orders can be intimidating. A San Antonio domestic violence attorney guides you through each step. They ensure compliance with all legal requirements.

Court proceedings can be complex and time-consuming. An attorney familiar with local courts makes the process smoother. Their expertise reduces stress and confusion.

The Importance of Confidentiality and a Tailored Defense

Confidentiality in domestic violence cases is crucial. A San Antonio domestic abuse lawyer ensures your privacy is protected. They understand the sensitive nature of these cases.

Tailored defense strategies are vital for success. Each case is unique, requiring a personalized approach. Specialized attorneys develop strategies that best fit your situation.

The Risks of Inadequate Representation

Inadequate legal representation can have severe consequences. Without a skilled attorney, your rights may be compromised. The lack of proper guidance can lead to unfavorable outcomes.

Hiring an unqualified attorney might result in missing crucial evidence. Legal intricacies require specialized knowledge to navigate effectively. Ensuring proper representation is key to safeguarding your future.

Conclusion: Act Quickly to Secure Your Legal Advocate

Acting quickly to secure a domestic violence attorney is vital. Delays may complicate your case and limit your options. An experienced legal advocate is crucial to your protection.

Hiring an experienced domestic violence lawyer in San Antonio offers peace of mind. With experienced guidance, you can face legal challenges confidently. Don’t hesitate to find the right legal support. Call us at (210) 404-4444 to schedule a free and confidential consultation.