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Any act a person commits to harm another person physically or emotionally is a serious matter. Each of these instances, whether they are labeled misdemeanors or felonies, can come with severe consequences. Texas law takes alleged criminal activity against family members especially seriously.
There is no specific criminal charge under state law called domestic violence. Instead, this term describes situations where the alleged victim of an incident has a special relationship with the accused. Domestic violence convictions can bring severe and varied criminal penalties, and the mere appearance of wrongdoing can result in a restrictive restraining order being issued against you. An Allen domestic violence lawyer could help you to defeat the allegations at the core of the matter while arguing against the need for a restraining order. With over 100 years of combined experience in the local criminal courts, our defense attorneys are prepared to give your case the attention it deserves.
Texas law does not call these types of charges domestic violence but calls them family violence. Texas Family Code § 71.004 defines the concept of family violence as any act of bodily harm, threatened violence, or fear of harm that impacts family or household members, or even dating violence. Household members include spouses, former spouses, parents and children, any living together, people who have a child together or those who have a dating relationship.
A wide variety of alleged offenses can be enhanced by an allegation of domestic violence. Typical examples of criminal charges include assault, harassment, stalking, sexual abuse, and improper imprisonment. An Allen attorney could provide more information about the concept of family violence under state law and why law enforcement is charging you with these enhanced offenses.
Family violence charges can result in harsh penalties if they are not handled appropriately. At its core, a family violence accusation has the criminal charge. Whether this is an allegation of a misdemeanor resulting in a jail sentence of no more than one year or a felony with a potential prison term, it is essential to approach these cases from a position of strength. A skilled lawyer in Allen could take the lead in uncovering evidence, helping you combat domestic violence allegations.
However, these charges can result in restrictions on a person’s freedom even before a case gets to trial. State law authorizes courts to create protective orders if they believe a person committed an offense involving family violence and there is evidence there is a future possibility of family violence. The alleged victim may ask the court to create this order, but the prosecutor may also take the lead. These orders could force a person to quit a job, stop seeing their children, or even move out of a home. A legal representative could argue against the necessity of these orders while a case moves through the criminal justice system.
Every allegation involving a supposed incident of family violence can be a scary and stressful time. The criminal charges underlying these cases can be enhanced with harsh penalties. A mere arrest upon suspicion of violence or threats can result in a protective order that disrupts every part of your life.
An Allen domestic violence lawyer is dedicated to helping people like you fight back against these allegations. Our team works to defeat the criminal charges at the core of the case and protect your ability to live your life in peace while the courts move forward. Reach out today to learn more about your defense options.
