Dallas Domestic Violence Attorneys

Helping Clients in Dallas County Understand Domestic Violence Laws in Texas

In Texas, an assaultive offense is defined as intentionally, knowingly, or recklessly causing or threatening to cause bodily injury to another person. Such action is referred to as family violence when committed against someone who is a family or household member or has some domestic relationship with the alleged offender. Depending on the circumstances, the crime can be charged as either a misdemeanor or felony, resulting in fines and/or incarceration.

At Palmer Perlstein, our skilled Dallas domestic violence lawyers understand what is at stake with an assault conviction in Texas. We provide our clients with honest assessments of their cases and explain their options so they can make informed decisions about how to move forward.

Backed by over 140 years of combined experience, we are more than prepared to assist with your case. When you hire us, you’ll get a team of lawyers working together to develop a solid defense strategy on your behalf.

Are you facing a domestic violence charge in Texas? Call Palmer Perlstein today at 214-225-3707 or contact us online to schedule a meeting with one of our domestic violence attorneys in Dallas!

What are Texas’s Domestic Violence Definitions?

In Texas, domestic violence is defined as any abusive behavior between family or household members. This includes physical, emotional, economic, and even sexual abuse. The law states that it doesn’t matter who initiated the violence. If one family member has been using coercive tactics to gain power over another, it can be considered domestic violence.

It’s important to note that the law does not differentiate between men and women regarding the definition of domestic violence. Both men and women can be victims and perpetrators of this abuse. Furthermore, you don’t have to be married or live together for an episode of abuse to be considered domestic violence.

It’s also important to understand that the definition of domestic violence is broad and can include more than just physical abuse. For example, intimidation, threats, yelling, and shaming are all forms of emotional abuse. Additionally, preventing another person from having access to money or other resources is a form of economic abuse.

Understanding the definitions of domestic violence can help individuals know when their behavior is crossing the line, and it’s essential to reach out for help if you or someone you know is experiencing this type of abuse.

Under Texas law, the following are considered family or household members:

Two people related by blood or marriage
Two people who are spouses or former spouses
Two people who share a child together
Foster children and foster parents
Roommates
People who are currently or were formerly in a dating relationship

What are the Penalties for Domestic Violence in Texas?

Domestic violence is a serious crime in Texas, and offenders may face harsh penalties. Depending on the severity of the offense, penalties can range from:

Class C misdemeanor: This is charged when the offense involves provocative or offensive physical contact. The punishments include a fine of up to $500.
Class A misdemeanor: A person faces this level of charge when they cause bodily injury to a family or household member. A conviction can result in as much as 1 year in jail and/or a fine of up to $4,000.
Third-degree felony: Assault family violence or impeding breath/circulation cases are third-degree felonies when the accused has a previous conviction for this offense, and they cause bodily injury to a household or family member. The conviction penalties include between 2 and 10 years in prison and/or a fine of up to $10,000.

At our firm, the most common assault charges we handle involve domestic violence. What most of our clients do not understand before they enter our office is that the Texas state legislature has created family violence enhancement when it comes to crimes involving family abuse such as child abuse or sexual abuse of a family member.

The enhancement means that assault convictions involving family violence carry harsher penalties than other types of assault.

A conviction will lead to:

Longer jail sentences
Higher fines
An inability to possess or own a firearm

You need an aggressive, experienced Dallas domestic violence attorney who can protect your rights and defend against assault allegations.

Defense Options For Domestic Violence Charges

If you’ve been charged with domestic violence, the court process can be intimidating, and the potential consequences of a conviction are severe. But defense options are available to those facing charges to reduce or dismiss the case against them.

The most common defense used in domestic violence cases is self-defense, which argues that the accused used force to protect themselves or another person from immediate harm. To successfully argue self-defense, you must prove that any force used was a reasonable response proportional to the threat posed.

Another potential defense is duress, which states that the abuser acted under an imminent threat of serious injury or death. If the court believes that the accused had no other reasonable options, they might reduce or dismiss the charges.

Misunderstanding or miscommunication is another possible defense for domestic violence cases. It can be argued that the accuser’s allegations do not accurately reflect what happened and are based on a misinterpretation of events.

Ultimately, the defense you pursue will depend on the details of your case. Your attorney can help advise you on which option is best and how to proceed with your defense. It is important to remember that the court process might be complicated, but there are ways to defend yourself against a domestic violence charge. With the right support, you can have the charges reduced or dismissed.

Can the Victim Drop Domestic Violence Charges in Texas?

In the state of Texas, the victim is not able to drop domestic violence charges. The prosecutor’s office governs charges brought forward through a protective order or police report and cannot be settled without their approval. Victims can inform prosecutors that they do not wish to pursue criminal action; however, in most cases, prosecutors will choose to proceed with the charges despite the victim’s wishes. This is done to ensure justice is served and that all victims of domestic violence, regardless of their wishes, are provided a safe environment from further harm or intimidation.

Protecting Your Rights in Domestic Violence Cases

Domestic violence cases can be complex and emotionally challenging. It is crucial to have experienced legal representation to protect your rights and navigate the legal process effectively. Our team of Dallas domestic violence lawyers at Palmer Perlstein is dedicated to providing compassionate support and aggressive advocacy for clients facing domestic violence charges.

When you choose our firm to represent you, you can expect:

Thorough investigation of the facts surrounding your case
Strategic defense options tailored to your specific situation
Clear communication and guidance throughout the legal proceedings
Protection of your rights and interests in and out of the courtroom

Our goal is to help you understand your legal options, defend your innocence, and achieve the best possible outcome in your domestic violence case. Our Dallas domestic violence lawyers are ready to start building your defense.

Can I Get a Restraining Order Removed?

In Texas, a protective order can be issued by a judge after a plaintiff proves that a legally defined form of family violence or sexual assault has occurred. These orders protect victims of harassment, stalking, or abuse from further acts of violence. If a restraining order has been taken out against you, your first notification will be when you are served papers that inform you of the allegations, the hearing, and possibly the existence of a temporary restraining order. It is imperative to follow the terms of the order, or you risk being held in contempt of court for violating it. This order is legally binding whether you sign for it or not, but accepting it does not imply guilt.

Within 5 to 30 days of being served, you will have a full hearing, where you are entitled to legal representation. To successfully have the restraining order dropped, you have to demonstrate that you did not commit the alleged act of violence or harassment against the plaintiff. For this, you will need witness testimony or other forms of evidence to support your defense and confirm your innocence. If you fail at this stage, the order will be valid for a specific timeframe, which is not to exceed 2 years, unless a judge deems it appropriate.

Texas Family Code allows those who are the subject of a protective order to ask the court to reevaluate his or her case to determine if the order is still necessary after one year has passed. If the court reviews your case and finds that the protective order is no longer necessary, it will expire early. The law also allows you to request that the order be modified.

As well-meaning as the law is regarding protective orders, many are often brought in bad faith by those who seek a greater advantage in a divorce case or simply want to retaliate against another individual by abusing the court system. If you are the subject of a restraining order, it is important to seek skilled representation to protect your rights.

Having a protective order taken out against you is a serious matter and is often associated with crimes of violence, which can remain on your record. Additionally, you will not be allowed to possess a firearm and your actions will be heavily restricted. Given the ramifications of this, you must seek legal counsel as soon as possible.

Contact Our Dallas Domestic Violence Attorneys Today

If you’ve been arrested for domestic violence or any other assault charge, reach out to us for legal representation in Dallas. Our Dallas domestic violence lawyers offer phone consultations to new clients. Once a client and you’re unable to come to our offices, we will travel to meet you.

Contact Palmer Perlstein, today to schedule a case evaluation with one of our domestic violence lawyers in Dallas!