If police arrested you on domestic violence charges, now you face consequences that can affect other areas of your life. The arrest may have tainted your reputation, society may have ostracized you, and family and friends may isolate you.
A domestic violence charge can result in jail time, may affect child custody and visitation rights, may remove the right to own a firearm, and could hurt your immigration status.
In Texas, domestic violence is a grave criminal matter and the mere accusation can carry severe repercussions that can affect the accused for the rest of their life.
If you were falsely accused, a trusted criminal defense attorney can help you fight the charges by investigating, gathering evidence, and creating a defensive strategy to help your case.
After the court clears you, you may sue the person who falsely accused you of a crime. By contacting a criminal defense attorney sooner rather than later, remaining calm about the situation, and gathering evidence, you may save your reputation from the fallout that domestic violence charges often present.
At the Law Office of Nathaniel Pitoniak, our Houston domestic violence attorneys understand the tactics of those who use these claims against their clients. They can combat the charges by investigating the allegations, anticipating the counterclaims, negotiating a solution, and challenging any weaknesses in the evidence provided.
If prosecutors have charged you with family violence, don’t wait to contact the defense team at the Law Office of Nathaniel Pitoniak.
What Is Family Violence?
Texas law does not recognize the term domestic violence, and uses the terminology Family violence in its criminal code.
Texas law defines family violence under the Texas Family Code, Chapter 71.004.
Specifically, family violence is “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measure to protect oneself.”
Family Members and Non-Family Members
Although Texas law names domestic violence as family violence, other relationships can fall under family violence cases. Traditional relatives as well as roommates, girlfriends, boyfriends, common law spouses and domestic partners, foster children, and more can fall into the category of family violence.
Common Types of Assault Relating to Family Violence
- Assault of a Family Member, or when one causes bodily injury to a family member.
- Assault of a Family Member with a Prior Assault: If one has an assault charge and offends again, this 3rd-degree felony can result in prison time.
- Assault of Family Member, 2 within 12 Months: If there are two assaults within a year against a family member, this can result in prison time.
Other Common Charges in Family or Domestic Violence Cases
- Aggravated assault is when a serious bodily injury or use of a deadly weapon during a domestic assault occurs.
- Stalking, or the continued harassment, following, or threatening of an individual that causes fear, humiliation, or other emotional distress, is taken seriously in Texas.
- Child neglect, or depriving a child of their basic needs, and child abuse, or when an individual commits abusive acts (physical or emotional) against a child in the home can result in serious legal consequences.
Impacts Relating to Family Violence Charges
Jail time, fines, probation, and mandatory counseling or anger management courses may result from family violence charges.
Protection orders may be issued against you. This will restrict contact and proximity. If these orders are violated, additional criminal charges can be brought against you.
In addition to straining your relationships, it will likely affect your reputation with family, friends, co-workers, and even your community. It can affect your current job or future employment opportunities.
If a Texas court convicts you of family violence or domestic assault, you can lose your right to own, possess, or transfer firearms or ammunition. This remains in place forever. The only way to reinstate your rights is if the court dismisses your family violence charge.
The Importance of an Affidavit of Non-Prosecution
If the alleged victim of domestic assault files an Affidavit of Non-Prosecution expressing they want to rescind the original allegations and wants to drop or dismiss the case, this legal document may shift the prosecution’s strategy and direction.
Although it doesn’t force a legal obligation or bind prosecutors to dismiss the case, it does offer your case a new perspective.
Domestic Violence Convictions: Can You Expunge or Non-Disclose Them?
No, only a dismissal of all charges can clear a family violence assault case from a record. You cannot expunge or non-disclose them.
Discuss your case with a defense attorney who understands domestic violence cases to avoid a conviction in Texas.
What Can You Do? Hire an Experienced Defense Attorney Who Specializes in Family Violence Cases
The Law Office of Nathaniel Pitoniak understands domestic or family violence cases. Nathaniel Pitoniak has successfully defended many clients so they received dismissals, reduced charges, and non-guilty verdicts.
Nathaniel Pitoniak provides clients with 17 years of experience working as a felony and chief prosecutor. Due to this experience, he understands how the prosecution operates and can offer unique and valuable support, resources, and experience in family violence cases.
The incident that resulted in charges likely changed your life in many ways. By calling (832) 315-6283 or visiting the website of the Law Office of Nathaniel Pitoniak, you can learn how we can help you in your fight against family or domestic violence charges.
Don’t wait to contact criminal defense lawyers in Houston, TX at Law Office of Nathaniel Pitniak today. Secure your present—secure your future.
