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Domestic Violence Archives

Domestic violence and protective orders

Learning that your spouse has filed for a protective order against you in Texas can be a devastating blow, and while the consequences have the potential to destroy your relationship, the legal outcome could be even more damaging. At R. Todd Bennett, P.C., we are aware of the burden of proof required for the issuance of the order, and how our clients may defend themselves.

3 ways to defend yourself against domestic violence charges

Not all domestic violence cases are the same, and even though men are often assumed to be the offender, it's okay to make sure your attorney and the courts know it was your wife who actually attacked you. There can sometimes be an unfair bias toward seeing women as a weaker sex, but that doesn't mean they can't be the attacker in a situation like yours. Here are a few ways you can move forward and defend yourself.

What happens to children after domestic violence

While many people may believe that abuse is not a significant problem, the facts paint a different picture. Psychology Today reports that 10 million people are abused by an intimate partner every year. That equates to roughly 20 people abused per minute. Women are more often the victims than men and the predicted number of females in abusive relationships is as high as one in three. The number of males in abusive relationships is slightly lower and sits at one in four, but generally the abuse directed at men is less severe than the violent assaults that women face.

Male victims of domestic violence in Texas

While there is no question that domestic violence against women is a major problem, it appears that men are also dealing with abuse in significant, if lower, numbers. However, not as much attention is paid to this issue because men are less likely to report being physically or mentally abused. This is likely in part due to the fact that men are embarrassed and society tends to see men in these situations as being weak.

Psychological agression may be a risk for Texas families

According to the American Psychological Association, significant numbers of U.S. men and women alike are at relatively high risk of some form abuse by intimate partners. APA statistics show that almost 50 percent of all U.S. women have been subjected to some kind of psychological aggression by their partners or intimate acquaintances. Certain risk factors, such as being economically or educationally disadvantaged, may increase the chances of experiencing violence from partners.

Can an arrest for domestic violence be made without a warrant?

An individual in Texas who is alleged to have committed a domestic assault may be taken into custody even if an officer does not have a warrant. As long as there is evidence that a crime has been committed or is threatened to be committed, the person may be taken into custody right away. In the event that someone makes a statement to a peace officer, that statement could be used as probable cause to take that person into custody.

Domestic violence registry passed in Texas

The Texas House of Representatives passed House Bill 21, which creates a domestic violence registry that will look like the one used for the Texas Sex Offender Registration Program. Once Bill 21 goes into effect, a person convicted of domestic violence at least three times will have to register as a repeat offender. For a registered offender, the state will place the name of the individual online. Along with the name will be the birth date and recent photograph. Anyone will be able to view the information for free.

Texas legislature could restore domestic violence programs

Cuts in funding for family violence programs in Texas would be restored under a proposal from one state senator. As the Texas legislature works on a budget for the fiscal year, restoring $1.25 million in budget cuts from the last legislative session to domestic violence intervention and prevention programs is a priority for some legislators.Domestic violence services account for $51 million in Texas. The budget cuts affected programs aimed at preventing domestic violence by focusing on the offender. Other programs focus on the accuser of family violence. Proponents of restoring funding for the programs point to their importance in addressing the underlying causes of domestic violence.

Penalties increasing under proposed family violence bills

If four proposals make it through the Texas legislature, family violence offenders will face increased penalties, including mandatory incarceration. One of the bills proposes the creation of a domestic violence registry for repeat domestic violence offenders. Patterned after the Texas Sex Offender Registration Program, a third family violence conviction would include mandatory registration as a family violence offender.Under the provisions of one of the bills, a third domestic assault charge would be elevated to a second-degree felony. The bill also imposes a two-year minimum if a court sentences the offender to prison. Parole would not be available until the person served at least half the prison sentence.

Family violence murders up, domestic violence incidents down

The Austin Police Department reported eight murders related to family violence in 2012. This was two more than occurred in 2011. Statewide in Texas, 150 women died at the hands of their domestic partners in 2010 while the total number of domestic violence incidents throughout the state decreased from 2010 to 2011.A domestic violence conviction can have serious consequences for an individual. The penalties imposed by a judge at sentencing can be a period of incarceration in jail or state prison, fines and probation. A temporary restraining order or a protective order issued by a court can prevent a person from return home or being around other family members.

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