Understanding Domestic Violence Laws in Texas
Domestic violence laws in Texas are strict and come with harsh penalties if convicted. We’re going to explain the law in great detail, including potential:
- Penalties
- Jail time
- Fines
If you or someone you know is being accused of domestic violence, contact us immediately. Working with an attorney from the start is critical and will allow time to build a solid defense for your case.
What are the Domestic Violence Laws in Texas?
Domestic violence falls under Title 5, Chapter 22 of the Texas Penal Code. Assault that occurs against a family member, household members, spouse or similar is domestic violence.
But not all actions are an assault.
Domestic violence is an assault in which an offender:
- Causes bodily injury
- Threatens a person with bodily injury
Offenders must knowingly, intentionally and recklessly cause injury to the person. Intentional actions are often a form of defense. Since a person’s actions must have been intentional, a common defense is that the offender did not mean to cause the person harm.
Self-defense is also another possible defense strategy.
Who Can Be a Victim of Domestic Assault?
Assault and domestic assault come down to the two parties involved. You can think of this as:
- Family violence
- Dating violence
People who may be included in these two categories are:
- Spouse, former or current
- Dating partner, former or current
- Blood or marriage relatives
- Parent of an offender’s child
- Foster or stepchildren
- Foster parents
- Parents or grandparents
- Household members
- Children
- Siblings
If a person is a household member, such as a roommate, violence against them may also be considered domestic violence.
What are the Penalties for Domestic Violence in Texas?
Domestic violence laws in Texas try to cover every instance of assault, based on the damages caused, past convictions and other factors.
The lowest charge you may face is a Class C misdemeanor.
Misdemeanor charges are a best-case scenario because they come with the lowest fines and penalties. If you’re facing a Class C misdemeanor, you’re up against:
- One year in jail
If you’re charged with a Class A misdemeanor, you’ll face one year in jail and fines of up to $4,000.
First-degree felony charges are the most serious and life-altering. You may have difficulty seeking employment, child custody arrangements may need to change, and life after prison is the least of your worries.
Prison terms for a first-degree felony range from 5 to 99 years, and in the most severe cases, you may spend the rest of your life in prison. Fines of $10,000 may also be assessed.
First-degree felony charges are often connected to domestic violence when aggravated assault occurs.
What If You Have Past Convictions of Domestic Violence?
If this is a person’s second, third or subsequent domestic violence charge, these convictions may be considered when assessing the penalties against you. The court will also consider your relationship with the person and if the event included an attempt to suffocate or strangle the other person.
Common Defenses in Texas Domestic Violence Cases
Every case is unique, but there are some common defenses attorneys can use to fight domestic violence charges, including:
- Accidental injury: Domestic violence charges require the accused to act intentionally or recklessly. If the injury was the result of an accident, your attorney may be able to negotiate to get the charges reduced or dismissed.
- Lack of burden of proof: The prosecution must prove beyond a reasonable doubt that the accused committed domestic violence. If there are holes in their case, your attorney may be able to shed doubt on the charges.
- Questionable police actions: Law enforcement must follow proper procedures and adhere to the law while conducting investigations and interviews. If police officers did not follow procedure and there is evidence of this, the case may be dismissed.
- Self-defense or in defense of another: If you were acting in self-defense or the defense of another in the home, you may be able to reduce the charges or have them dismissed. However, your actions must be proportionate to the other party’s level of violence.
Will I Be Arrested for Domestic Violence?
Domestic violence laws in Texas do not require the police to make an arrest for family violence calls.
However, if the police have probable cause to believe that a crime has been committed, they may make an arrest without a warrant. The police are also obligated to stay at the scene for as long as necessary to verify allegations.
If you are arrested, contact an attorney as soon as possible.
In cases involving domestic violence, bond conditions may include:
- An order to stay away from the victim
- GPS monitoring
- Prohibiting the possession of firearms
If a deadly weapon or serious bodily injury is involved, the court may issue an emergency protection order.
Should you be released, law enforcement will make a reasonable attempt to inform the victim of your release. There is a possibility that you may be held for up to four additional hours if your release may result in violence.
If you violate a bond condition, bail may be revoked, and you may be sent back to jail.
How an Attorney Can Help You Protect Your Rights
If you are facing charges of domestic violence, it is critical to hire an attorney as early on as possible.
An attorney will help you understand your rights and take steps to protect those rights, including advising you on what to say and what not to say.
Most importantly, an attorney will know which defense strategies to employ in your case, look for holes in the prosecutor’s case and negotiate for a reduction in charges or to have the charges dismissed.
Domestic violence charges are serious. You need an attorney who understands the complexities of Texas’s domestic violence laws.
Contact the Law Office of Nathaniel Pitoniak today to schedule a consultation.
