West Domestic Violence Attorney
Domestic violence is a reality that some families in the state face day in and day out every day. Each case differs when it comes to why the abuse occurs, but it is clear that in each case, the victims are unable to fight back because of the fear of retaliation from their abusers. Because of these circumstances, it is key that you work with a West, TX family law firm that can help you and your family solve this problem without further legal complications.
At Davis and Associates, Attorneys at Law, you can be assured that you are working with experienced and compassionate West domestic violence legal teams.
Our teams can work with anyone who needs legal support during this time, regardless of their severity. We will do everything we can to find legal solutions for your case and make sure you are safe as we deal with the case in court.
Our team will also handle the case in complete privacy, so you don’t have to worry about the case going out, causing problems for you and your family.
Call Davis and Associates, Attorneys at Law at (254) 274-5264 for your Consultation with a West Domestic Violence lawyer.
Definition of Domestic Violence in Texas
Under Texas law, domestic violence or family violence is defined as ”an act committed by a family member or a household member against another household or family member that threatens or results in physical harm, bodily injury, assault or sexual assault.” Child abuse that involves a household or family member and dating violence may also be classified as family violence.
Family and household members are classified as those who have the following relationships:
- Current or former spouse
- Parents of the same child
- Foster child and parent
- Current or former co-residents
- Relatives by blood, marriage, or adoption
- Current or former dating or romantic partners
Crimes considered family violence crimes include:
- Domestic assault and aggravated domestic assault
- Continuous violence against the family
- Violation of protective order
- Stalking
- Kidnapping
- Unlawful restraint
- Homicide
Penalties for Domestic Violence in Texas
If a person is guilty of committing domestic assault, they may be charged with either a misdemeanor or a felony, depending on the committed crime’s severity.
For domestic assault to be considered a class C misdemeanor, it must involve domestic assault that includes the use of threats of harm or provocative contact. If the victim suffers an injury, it becomes a Class A misdemeanor that will include penalties of a $4,000 fine and a 1-year jail sentence.
The case becomes a third-degree felony if the defendant has a record of domestic assault convictions or if the offense involves strangulation or suffocation. Anyone found guilty of this type of assault will face a 2 to 10-year prison sentence and a $10,000 fine.
For aggravated domestic assault, which would lead to serious bodily injury, the defendant will be charged with a first-degree felony and can face from 5 to 99 years of life in prison and a $10,000 fine. For other types of aggravated domestic assault, it will be considered a second-degree felony and will lead to a 2 to 20-year prison sentence and a $10,000 fine.
If the defendant has repeatedly committed domestic violence against the family within 12 months since the previous offense, they will be convicted of a third-degree felony. The penalties will include a 2 to 10-year prison sentence and a $10,000 fine.
A defendant who is convicted of committing domestic violence will also lose their right to possess firearms, and it will be a lifetime ban. However, they may be able to regain their rights if the court sets aside or expunges the conviction or the defendant gets a pardon for their case and gets their civil liberties restored. Additional provisions are listed under federal law regarding the return of firearm ownership.
The Criminal Code also has key provisions regarding the alternatives that can be requested by the defendant as part of their sentence or if charged with domestic assault. If they are only a first-time offender, they may be able to request a deferred adjudication, but it may only be granted if the judge finds that it is in the victim’s best interest. The judge may also put the defendant on community supervision or probation instead of incarceration, which may include attending counseling or intervention programs.
Our West domestic violence lawyers will make sure that the appropriate penalty is ordered by the court against your abusers. We will fight for the penalty that we believe is and make sure that the abuser faces their sentence.
Protective Orders
For victims of domestic violence, sexual abuse, or stalking, Texas has several protections in place to keep your abusers away from you. One of the most notable ones is protective orders, which are designed to prevent the abuser from approaching you, carrying firearms, and hurting you. Depending on the current situation between you and your abuser and the severity of the abuse, the judge may also impose other relevant conditions such as drug testing, paying child support, kicking them out of the household, and others.
In certain domestic violence cases, especially those which caused serious bodily injury and the use of a deadly weapon, emergency protective orders may be given by the court. Once in place, the defendant is not allowed to communicate directly with the victim and be within a certain distance of the victim or the family members of the victim’s home, workplace, childcare facility, or school.
Victims can reach out to the nearest local county or district attorney’s office, local legal aid office, or local family violence center to apply for a protective order. You may also hire a private attorney, like us at Davis and Associates, Attorneys at Law, to handle the application for you. It is possible to request a protective order without an attorney, but it should be the last option you should consider.
If the defendant violates a protective order, they will be charged with a class A misdemeanor. Penalties for a Class A misdemeanor include a $4,000 fine and a one-year jail sentence. If they have committed two or more convictions, it will boost the charge to a third-degree felony. Third-degree felony comes with a penalty of a 2 to 10-year prison sentence and a hefty $10,000 year fine.
Our West, TX family law firm can help you request protective orders from the court to keep you and your family safe from your abusers. We will also make sure that your abusers do not violate the protective order, and if they do, we will get to action immediately to get it reported to the court. You can trust Davis and Associates, Attorneys at Law to fight for the right resolution in court and make sure the court order is upheld.
Bail and Bond Conditions
The court can also cite bail and bond conditions for the defendant to follow should they wish to seek it. If the defendant is allowed to post bond, they will be given conditions they need to follow unless they want their release to be rescinded. Some of these conditions include staying away from the victims and having absolutely no contact with them, wearing GPS monitoring devices, and not being allowed to use or own firearms. If the defender were arrested for a serious family violence case that involved the use of a deadly weapon or inflicted serious bodily injury, emergency protection would be given to the victim.
Before the police release the defendant, they will inform the victim regarding the situation. The police can only hold a suspect for an additional four hours when they believe that violence can occur upon the suspect’s release. The court may also hold the release for up to 48 hours if the defendant has a record of domestic violence or use of weapons while committing the offense.
If the defendant violates their bond conditions while the domestic violence case is ongoing, the judge can immediately revoke their bail. When this happens, the defendant will have to wait in jail until the case is resolved.
Our West domestic violence legal team can help either side deal with bond and bail conditions. Simply let our team know the situation, and we can help you comprehend the legal process to either sustain the bond or report bond violations.
Talk To Our Legal Experts Today
Whether you are the direct victim or your loved ones are the victims, you need to act immediately to get the domestic violence crime reported and get the protection you and your family can get to keep you safe.
You can trust our West domestic violence legal team to mobilize immediately to get your case rolling and make sure that your abusers get the punishment they deserve as mandated by the law. We will also get you and your loved ones to safety and be your legal representative so you don’t have to face your abusers in court.
Call Davis and Associates, Attorneys at Law at (254) 274-5264 for your Consultation with a West Domestic Violence lawyer.