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Most people have a basic understanding of what domestic violence is. It involves violent acts perpetrated by one person against another when both are in a domestic relationship. That relationship is often familial in nature but can also occur between two people who are merely involved in a romantic relationship but are not married. In some cases, violence between two roommates qualifies as domestic violence.
Here in Texas, however, we don’t have a domestic violence law. Instead, we have something called family violence. What exactly is it? Who does it cover? Does it differ from domestic violence?
This blog post will explain the legal definition of family violence in Texas and the potential punishments a person may face if charged and convicted.
In the state of Texas, family violence allegations are taken very seriously by prosecutors. Punishments can be severe Under state law, family violence is defined as an act, other than self-defense, committed by one member of a family or household against another member.
A family or household includes those related by blood or marriage and unmarried individuals who live together. It also includes someone with whom the accused has or has had a dating relationship or with whom they have had a child.
In addition to physical harm such as assault or battery, family violence can include emotional abuse, sexual abuse, threats of physical harm or death, and stalking. This means that even if no physical contact is alleged to have taken place between the two people involved, it can still be considered family violence.
In other words, “family violence” is our state’s term for domestic violence. It is important to these allegations. What can you expect If convicted of family violence in Texas?
The punishments for committing an act of family violence depend on the severity and circumstances of each individual case.
If the act is classified as a misdemeanor offense, you could face up to 1 year in prison and/or fines of up to $4,000. However, if the act is classified as a felony offense, you could face up to 10 years in prison and/or fines of up to $10,000. Neither outcome is something that you want.
Additionally, if you are found guilty of committing an act of family violence, you will be required to attend mandatory counseling classes, and you will be subject to court-ordered protective orders that will prohibit you from coming into contact with the complainant.
As mentioned above, being charged with family violence is incredibly serious. Not only does one face potential jail sentences, but there is also a severe negative stigma attached to being branded with a family violence conviction. It can impact your dating life, relationship with your children, job prospects, and more.
These cases are always complicated, with two sides to the story. Still, the charged person is almost always treated as “guilty until proven innocent” – at least in public perception. With this kind of scrutiny, you need experience and knowledge on your side. Do not delay – give us a call today.
It is vital that you take family violence accusations seriously and seek immediate help from a skilled Texas criminal lawyer. He will know how to protect your rights best and fight to help you avoid conviction.
These kinds of cases are always complicated. Additionally, in Texas, the accused in these cases is often Presumed Guilty. With this kind of scrutiny, you need experience and knowledge. Do not delay – give us a call today.
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