Domestic Violence And Continuous Violence Against The Family In Texas
Texas’s Penal Code defines family violence as “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 measures to protect oneself.”
A person will be considered guilty of domestic assault, in Texas, if he commits an assault against his family member, household member, or current or former dating partner. An assault is defined as a person intentionally or knowingly:
- causing bodily injury to another person
- threatening another person with physical harm
- causing physical contact with another person that the offender knows or reasonably should know that the victim will find offensive
If the accused perpetrator has no prior domestic assault convictions, domestic assault is a Class A misdemeanor in Texas. However, the same exact crime becomes a third-degree felony and carries significant potential prison time, if the defendant has been previously accused of domestic assault within the past 12 months. A defendant can be convicted of continuous violence against the family without either previous assault having resulted in a conviction and the two incidents do not have to involve the same victim. If you are facing a felony domestic violence charge, do not delay in contacting a reputable family violence attorney in Plano, TX.
Committing any act of violence against your domestic partner or another family member is an incredibly serious crime in Texas. The Dallas-Fort Worth Police Department, for example, has an entire unit dedicated to only the investigation of domestic violence-related cases. The Harris County District Attorney’s Office uses a similar unit to prosecute domestic violence cases. If you have been accused of committing one of these crimes, it is extremely important that you have an experienced Plano, TX domestic violence attorney on your side. Your family violence attorney can provide the guidance you will need to defend yourself.
What To Do If You Have Been Falsely Accused Of Domestic Violence In Plano, Texas?
A very common misconception about domestic violence cases is that the alleged victims have the power to drop cases by recanting their stories. This is absolutely not true. The ability to dismiss criminal charges lies solely with the district attorney; not the victims of the crime that has allegedly occurred. There are even times when a prosecutor will insist on pursuing blatantly false or exaggerated claims just to make an example of an offender.
It is wise for victims to weigh their options before they decide to make an accusation of domestic violence against their family members or partners. If you or your children have been physically injured or are currently in danger, you must seek help from law enforcement. However, you should never make a criminal accusation out of spite. If you have been accused, call Carl Ceder, Plano, TX domestic violence attorney, today.
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