Austin Domestic Violence Lawyer

Punishment for Domestic Violence

Family violence (also called domestic violence) is aggressively prosecuted in Texas courts and a conviction can have very serious, lifelong consequences. The way the laws are enforced, police don’t need much to make an arrest. Possibly the most frustrating thing about being charged with Domestic Violence is that it is often a “he said, she said” crime where the “victim” is just the first person to call the police.  Unfortunately, the system can be easily manipulated 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 infidelity.

The Travis, Williamson, and Hays County courts are full of men and women who were accused and charged with Domestic Violence offences, and either pled to something they did not do or went to trial and were wrongly convicted because they were set up.

Under Texas law, a person commits an assault family violence offense if they cause bodily injury or threaten to cause imminent bodily injury against a romantic partner or member of your 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 is an enhancement that may be used when someone allegedly engages in conduct that constitutes family violence two or more times within a 12-month period. 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 level of offense is charged when you have prior family violence offenses or when there’s a finding 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’ve seen in the punishment breakdown above, your second family violence charge is automatically enhanced to a third-degree felony. The way the laws are enforced, it takes very little for a person to be arrested on suspicion of 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. If there’s a protective order in place, for example, 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.

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.

Just because the victim doesn’t want to press charges anymore does not mean that the case will be 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.

Don’t rely on the victim telling you that they are going to drop the charges against you. Chances are that the prosecution against you will continue regardless.

If you are being investigated by the police or have been arrested for Domestic Violence, hire a criminal defense attorney. The negative life-long consequences that come from a Domestic Violence conviction cannot be overemphasized. As police officers Stephen T Bowling and David Thomas responded to numerous Domestic Violence cases. They know how police investigate and put together a case against you.

More importantly, they know the mistakes the police make and the shortcuts that they take. In addition, the team at Stephen T Bowling: DWI & Criminal Defense Attorneys will use their expertise and knowledge to your advantage in negotiating a just result. Otherwise we will take your case to trial in front of a jury. Many times, it is not the facts that result in a great disposition of your case, but the savvy, expertise and professionalism of your attorney when he presents your case to the prosecutor and the judge.

The team at Stephen T Bowling: DWI & Criminal Defense Attorneys knows what it takes to get a Domestic Violence case dismissed. If you or a loved one is being charged with domestic violence, you need a qualified Austin Domestic Violence Attorney to protect your rights. Choosing a qualified criminal lawyer is an important and difficult decision.