What Is Family Violence In Texas? What Is Domestic Violence In Texas?
Chapter 71 of the Texas Family Code defines family violence generally as an assault by a person upon a spouse, former spouse, girlfriend/boyfriend or member of the same family or household.
Family violence and domestic violence are synonymous for purposes of Texas law.
What Do Family Violence Cases Look Like?
No two family violence cases are the same. The dynamic that the love relationship brings to a criminal case should never be underestimated. Some people find themselves facing a family violence charge because they momentarily lost their cool on a single occasion in a stressful situation. Some people have significant anger management problems that need to be addressed. Other people are falsely accused and are flat-out not guilty.
People who are charged with domestic violence assault or family violence assault come from all walks of life. Many folks accused of criminal violence never thought, even in a million years, they would need a criminal lawyer. In fact, in my experience, most have never been in trouble before.
Are Domestic Violence Charges Ever False?
It is not at all uncommon for someone to make up these charges to "get back at" a spouse or partner for whatever reason. It is also typical for a spouse to use a false charge of domestic violence to gain the upper hand in a divorce case or child custody case. Because the spouse cannot drop the charges, even unfounded accusations must be treated very seriously.
Police Actions In Domestic/Family Violence Cases
In Texas, police officers are very quick to arrest a person on charges of domestic assault or family violence. They often make the arrest with little, if any, substantive investigation. It takes little more than a mere accusation of spousal abuse to cause a domestic violence or family violence criminal case to be filed.
Once the police are called to the scene of a possible family violence situation, it is almost guaranteed that somebody is going to jail. It is rare that the police do not arrest somebody when it appears that spouses have been fighting. It is typical "CYA." The officers do not want to leave the scene of a suspected domestic assault with both spouses still at the scene for fear that one will end up dead after they leave.
I understand their motivation, but not their actions. This is still America. What happened to the presumption of innocence and proof beyond a reasonable doubt?
Free Attorney Consultation
Given the consequences of domestic assault charges or a charge of violating a protective order, you should think long and hard before you give up without a fight. Contact me, Houston domestic violence defense lawyer R. Todd Bennett, at 713-752-2728 for a free initial consultation about your case. I will help you understand all of your options and walk you through all of the information you need to know when facing domestic violence charges.