In the state of Texas, assault family violence is defined under Texas Family Code § 71.004 as a serious threat or act of violence that occurs between members of a family or household. Even if the alleged perpetrator is not a member of the family or household, this individual can be charged with family violence if he or she had a past or present marital or dating relationship with the victim. The alleged perpetrator may be charged with assault with family violence if the incident involved physical contact of any kind, even if that contact did not result in an injury.
If you have been accused of family violence, assault, stalking, or harassment, it is important to retain legal counsel and advocacy right away. The penalties for these types of crimes can be very severe. Furthermore, because family violence cases are not eligible for an expunction, even a plea to deferred adjudication will stay on your criminal record for life.
Assault Family Violence Laws in Texas
Texas law grants victims of family violence the right to pursue a protective order. This order, described under Texas Code Crim. Proc. Art. 17.292, could inhibit an alleged offender’s freedom in several ways. The Texas Attorney General’s website defines a protective order as “a civil court order issued to prevent continuing acts of family violence.”
Under Texas law, a protective order may require you to:
- Cease all communication with your family
- Keep away from your home and places where your family members work or attend school
- Attend mandatory counseling or complete a battering intervention and prevention program
- Surrender any firearms and prevent you from obtaining a fishing or hunting license
- Pay child support and / or spousal support
Have you been accused of family violence?
In 2012 alone, more than 188,900 incidents of family violence were reported in Texas. Unfortunately, it is our experience that many of these charges are based on exaggerated or false testimony – sometimes by family members who stand to gain from such allegations in a divorce or custody case. If you have been falsely accused of family violence, we are prepared to defend your rights. At Schneider Law Firm we handle a high volume of criminal defense cases. Our experience in this area enables us to defend our clients with skill and success.
If you have been charged with family violence, assault, harassment, stalking, or a similar crime, contact our law firm right away. We can put you in touch with a dedicated and experienced criminal defense lawyer who can advise you about your situation.
Schedule your free case evaluation right away to learn more about the options available to you.