Common Types Of Arlington Domestic Violence Charges

Overview Of Arlington Domestic Violence Offenses

In Texas, the legal term “family violence” describes what many refer to as domestic violence. It includes acts by one family or household member intended to cause physical harm, bodily injury, assault, or fear of harm to another member. The law also covers child abuse by a parent or guardian and dating violence between romantic partners.

The law’s broad definition ensures it addresses various forms of abuse. It categorizes relationships into three main groups.

• Familial Relationships: These include those related by blood or marriage, such as spouses, ex-spouses, children, siblings, or extended family like cousins, aunts, or uncles. For example, a physical altercation between siblings or a grandparent and grandchild falls under this classification.
• Household Relationships: This group encompasses people who currently or previously lived together, regardless of familial ties. For instance, roommates engaged in a confrontation or a former cohabitant accused of abusive behavior could face charges in this category.
• Dating Relationships: These refer to current or former romantic partners. For example, violence between a couple dating for several months or recently separated individuals would qualify.

This broad legal scope ensures protection for various scenarios involving violence or threats. Defining these relationships helps clarify the charges you might face. Each includes specific legal definitions and penalties requiring careful attention.

Common Types Of Domestic Violence Charges

Domestic violence offenses in Texas are categorized based on several factors. These include the nature of the alleged offense, the relationship between the parties, and the severity of the harm caused. Understanding these charges is critical for preparing a defense and addressing the situation effectively.

Domestic Assault  

Assault is outlined in the Texas Penal Code §22.01. It happens when a family or household member causes bodily injury, threatens imminent harm, or makes offensive or provocative physical contact with another. For example, shoving a partner during an argument or making credible threats to harm them can lead to this charge. 

The law classifies first-time offenses as Class A misdemeanors,  punishable by up to a year in jail, a fine of up to $4,000, or both. Certain situations, however, elevate the charge to a third-degree felony. This carries two to 10 years of imprisonment and fines of up to $10,000. 

Aggravated Domestic Assault  

Aggravated domestic assault is a more severe charge. It involves causing serious injuries or using a deadly weapon during the incident. This offense can apply to situations like physically attacking a partner with an object or threatening them with a firearm. 

The consequences are serious, often leading to felony charges. A second-degree felony can result in a prison sentence of two to 20 years, while a first-degree felony could carry a life sentence. These cases demand careful legal analysis due to the heightened penalties and evidence required to prove the offense. 

Continuous Violence Against The Family  

According to Texas Penal Code §25.11, this charge applies when an individual someone commits two or more acts of assault against a family or household member within 12 months. These cases can involve the same victim or multiple individuals connected to the accused, such as romantic partners, relatives, or roommates. This offense reflects a pattern of ongoing violence and is prosecuted as a third-degree felony.

Stalking  

Stalking involves repeated behavior intended to harass, threaten, or place a family or household member in fear of serious harm or death. This pattern of conduct might include unwanted surveillance, threatening messages, or showing up uninvited to someone’s residence or workplace. First-time offenses are classified as third-degree felonies, while repeat offenders may face second-degree felony charges.  

Violation Of Protective Orders  

This occurs when an individual disregards court-mandated restrictions meant to prevent contact, harassment, or abuse. Prohibited actions can include approaching the protected person’s residence, workplace, or school or communicating in any form. A violation is typically charged as a Class A misdemeanor, but repeat offenses or violations involving violence can result in felony charges with increased penalties.

Harassment  

As specified in the Texas Penal Code §42.07, harassment involves actions intended to alarm, annoy, abuse, torment, or embarrass another person. This charge can stem from various behaviors, including obscene or threatening communication, false reports, or repeated unwanted contact. For instance, making excessive phone calls, sending annoying texts, or posting on social media distressing content about someone can qualify as harassment.

This offense is typically a Class B misdemeanor. However, it can escalate to a Class A misdemeanor if the accused has prior convictions or if the actions involve a child under 18 with harmful intent. Penalties can include jail time and fines, with harsher consequences for repeat offenses.

Understanding the scope of these charges is vital for anyone accused of domestic violence. These distinctions influence how cases unfold and are handled in Arlington, highlighting the importance of building a strong defense strategy.

Common Legal Defenses Attorneys Employ

Facing domestic violence charges can feel intimidating, but with the proper legal guidance, challenging the allegations becomes more manageable. The success of a defense depends on the specifics of the case, such as the evidence presented and the circumstances surrounding the incident. Here are some of the most common strategies lawyers use in Texas domestic violence cases.  

Self-Defense  

Under Texas law, individuals may use force to protect themselves if they reasonably believe they are in immediate danger of bodily harm. To claim self-defense, you must show that the force used was proportional to the threat and that you did not provoke or escalate the situation.  

Defense Of Others

This defense applies when an accused acted to protect another person, such as a child or family member, from harm. You must demonstrate that the perceived threat was imminent and that your actions were necessary to prevent injury or pain to the other individual.  

False Allegations  

False accusations can arise from personal disputes, such as during divorce or custody battles. Proving inconsistencies in the accuser’s story, lack of evidence, or ulterior motives can undermine the prosecution’s case and lead to a dismissal or acquittal.  

Lack Of Evidence  

The prosecution carries the burden of proof. Challenging contradictory or non-existent evidence can create reasonable doubt. Without medical records, police reports, or physical evidence to support their claims, the court may dismiss the case or result in an acquittal.

Building a strong defense is essential for navigating charges. Effective legal strategies allow an Arlington domestic violence attorney to safeguard your rights and work toward favorable outcomes. Protecting your future begins with asking the right questions to your legal counsel.

Frequently Asked Questions About Domestic Violence Charges

With numerous misconceptions and unanswered questions, domestic violence cases can feel frightening. Here are some common concerns to help you better navigate your situation. Whether you’re facing charges or trying to grasp the legal process, these answers provide clarity and guidance.

Can Charges Be Dropped If The Alleged Victim Withdraws?

Even if the alleged victim retracts the charges, the prosecution can still pursue the case using other evidence, including police reports or medical records. Prosecutors often take a firm stance on domestic violence cases to ensure public safety. Your legal counsel can work to challenge weak or inconsistent evidence.  

Are Protective Orders Automatically Issued In Such Cases?

Not always. Protective orders may be requested by the alleged victim or issued by the court if it determines a risk of harm exists. Violating such orders carries serious consequences, ranging from misdemeanor to felony charges.

Do False Accusations Of Domestic Violence Happen Often?

False accusations can happen, often during contentious disputes like divorces or custody battles. However, the law requires evidence to secure a conviction. A skilled Arlington domestic violence lawyer can uncover inconsistencies or motives behind false claims.  

Can A Conviction Affect Gun Ownership? 

Yes, under federal law, a domestic violence conviction can result in losing the right to own or purchase firearms. This applies to misdemeanor and felony convictions alike. An experienced lawyer can explain how this applies to your case and explore options to mitigate such outcomes.  

If you’re facing domestic violence charges, knowing the facts and your legal rights becomes critical. Addressing myths, clarifying laws, and exploring defenses can make a difference. Seek professional legal advice from an Arlington domestic violence law firm to help handle this challenging time with confidence. 

The Medlin Law Firm Fights For Your Reputation 

The fear of conviction, loss of relationships, and damage to your reputation from domestic violence charges create a storm of uncertainty. At The Medlin Law Firm, we understand the high stakes and help you fight for your future with skill and determination. Our firm fights for the outcome you deserve and works to restore control in your life.

Our approach is as strategic as it is compassionate. We delve into the details of your case to uncover evidence that supports you or weakens the prosecution’s claims. Whether you were wrongfully accused or involved in a misunderstanding, we expose the facts and build a defense designed to protect your rights and future.

With decades of experience in criminal law defense, we are equipped to help you navigate complex cases. Our team doesn’t just defend you, as we advocate for your freedom and peace of mind. When everything is on the line, you can trust our team to clear your name and protect your reputation.

Summary

In Texas, domestic violence involves a family or household member harming or threatening another. Common charges include domestic assault, aggravated assault, harassment, and violations of protective orders. These accusations can lead to serious consequences, including criminal penalties and long-term harm to your reputation.

Understanding the nature of these charges and developing strong defenses is critical for addressing them effectively. At The Medlin Law Firm, we focus on protecting your future, reputation, and peace of mind. Contact our team, and let us help you turn the tide in your favor.