Assault Violence in the Texas Family | Cofer and Connelly, PLLC (2023)

Texas Domestic Violence Laws

If you've had a family dispute that ended with police involvement, you'll benefit from seeing a Texas family violence attorney right away, as you may be confronted.criminal chargeswhich, if convicted, would have unimaginable consequences. Without a strong family violence attorney in your area, navigating the trial minefield as a defendant in a domestic violence case is likely to make your situation worse, much worse. You're up against seasoned prosecutors and investigators who know the law and the courts, and they all want you to be a convicted felon who will pay a heavy price.

A Texas family violence attorney who also knows the law and the courts is your best bet for leveling the playing field. There are many detailed facts that the state must prove in order to convict you of assault. Having an experienced attorney on your side can challenge your arguments and evidence to help clear your name. Despite the serious charges you may face, you have legal rights that must be protected by a team of legal experts.

one, we have seen all types of domestic violence cases and helped many defendants to get the best possible outcomes in their criminal cases. Our experience gives us an understanding of the best legal options in each individual case. We are here for you and we protect your rights.

If you have been or may be accused of domestic violence in Austin or elsewhere in Texas, please contact the highly experienced and qualified defense attorneys at Cofer & Connelly, PLLC at (512) 991-0576 or contact line.

Family Violence Information Center

  1. What is Family Violence in Texas?
  2. Assault - Class A Offense
  3. Threat or Contact Attack: Class C Offenses and Enhancements
  4. Assault Assault Domestic Violence - Third Degree Crime
  5. Aggravated Assault in the Family - Second Degree Felony
  6. Collateral consequences of Texas assault charges
  7. Family Protection and Violence Orders
  8. The criminal process: from prison to trial
  9. How a Criminal Defense Lawyer Can Defend You in a Domestic Violence Case
  10. common questions

What is Family Violence in Texas?

Texas personal injury law says you must actintentionally, consciouslyorelentlessin a manner that results in bodily harm to someone charged with a crime. Texas law also states that it includes assaultintentionallyosabreviolent threats or offensive touching, which could be a light touch or even a push if the other person finds it offensive or provocative. A strong attack involves grievous bodily harm or the use of a deadly weapon in the attack.

These personal injury laws apply to everyone from strangers on the street to spouses and family members.Special laws with more severe penalties apply to domestic assaults, known as domestic violence assaults.🇧🇷 It's not just family members such as husband and wife or parents and children who can be accused of incidents of family violence: accusations can stem from a fight or violent threats between roommates who aren't even related.

Domestic violence laws describe violent crimes against:

  • someone you live with
  • someone you are related to
  • Someone you are in a dating relationship with
  • someone you have a child with

Charges can be serious, up to and including a second-degree felony at worst. A conviction for this type of domestic violence can carry a five-year life sentence.

Simple aggression Family violence

Texas personal injury law is a general law that applies to everyone, whether they are family members living in the same house or strangers. This oneleistates that if you cause injury and you do so intentionally or recklessly and you know the risk of harm, you are committing a crime. The law also states that you can be charged with a crime if you intentionally use violence to threaten immediate harm or engage in "offensive or provocative" contact with someone. Someone commits an attack when:

  1. Deliberately, knowingly or recklessly causing bodily harm to any person, including that person's spouse;
  2. Intentionally or knowingly threatening imminent physical harm to others, including the person's spouse; any
  3. Intentionally or knowingly inducing physical contact with another person when the person knows or should think that the other person will find the contact offensive or provocative.

Therefore, there are three main categories of attacks under Texas law. The first is often called a "melee attack", the second type is a "threatening attack", and the third is known as a "contact attack".

Aggression causes physical injuries domestic violence

As the name suggests, the first type of assault has some elements that the prosecutor must prove in order to convict him of a crime. There has to be some kind of injury, but it doesn't have to be serious and it doesn't even have to leave marks like a bruise or scratch. It may be a minor injury to meet the personal injury legal requirement. The law also requires the person accused of the crime to have a certain state of mind, defined as "knowingly, intentionally or recklessly".

Texas Threat Attack

To be convicted of threatening assault, the law requires a prosecutor to show that you used language or actions to make someone feel they were actually in danger of being hurt. A threatening attack does not require physical contact for the crime to occur. The frame of mind required by law is that you have intentionally threatened violence and you know the fear this would engender in the person to whom you made the threat.

Texas Contact Attack

An "offensive or provocative contact" in the definition of the third type of attack could include an elbow or finger used to push another person. The law does not require that contact cause visible bruises or marks. A contact attack could include spitting at someone, or even being close enough to "hit in the face" of someone from just a few inches away while pumping it in the chest at a distance that makes the person feel like they are actually being reached. 🇧🇷

In that case, the frame of mind the prosecutor must establish in order to convict you of the crime is that you "knowingly or intentionally" made contact. Reckless behavior is not included in the definition of aggression for abusive contact, but the prosecutor must show that you intended the contact to be aggressive and offensive to the person.

Family Violence in TexasAssault Violence in the Texas Family | Cofer and Connelly, PLLC (1)

Simple Assault, Threats, and Assault laws apply to everyone whether they are strangers or family members. Texas also has some specific laws that directly apply to family relationships. Penalties for violence against someone you live with or have a relationship with are increased.

Lei do Texasdefines "family violence" as:

  1. An act by a family member or family member against another family member or family member with the intent to cause bodily harm, bodily harm, assault or sexual assault, but does not involve measures of self-protection;
  2. Abuse by a family or household member of a child in the family or household; any
  3. Violence in the relationship.

Ongoing violence against the Texas family

The Public Ministry has the power to formulate accusationsconstant violence against the familyin cases where the facts demonstrate that the accused was involved in two or more violent incidents within the family in the last 12 months. The increased charges may apply even if the previous crimes did not result in arrest or conviction, and even if the previous attacks were directed at different people. In other words, a prosecutor can use testimony from family members or others who allege the defendant committed domestic violence against them in the past year to escalate the charge to a first-degree felony.

The law says that jurors in aconstant violence against the familyThe case does not have to unanimously agree on specific past acts of domestic violence for the rectification to be valid. The state only needs to obtain a majority of jury votes that the defendant committed at least one previous act of family violence in the year preceding the assault in the current case.

legal terminology

There are a number of words that are used in a specific way in domestic battery law. It is helpful to know how these words are defined in law, as it is up to the prosecutor to prove in court that you have broken the laws as defined. An experienced Texas family violence attorney can help you understand key terms related to the facts of your case.

members of the family

Texas law defines family members as anyone related to you by blood or marriage and anyone who lives in your household. This contains:

  • Your spouse, current or past
  • Your children
  • Your parents
  • A person with whom you had a child.
  • An adopted child or adoptive parent
  • A child of your partner living in your house or not
  • Anyone you are dating or have dated in the past
  • People who live in the same place even if they are not related

Even roommates in an apartment or dorm and distant relatives who may live in your house are protected by laws that criminalize domestic violence.

violence in the relationship

Texas domestic violence laws cover people who have been in a current or past relationship or romantic relationship. There are some facts that a prosecutor must present to show that a relationship should be considered dating for the purposes of the Domestic Violence Act, including:

  • how long did the relationship last
  • what kind of relationship was it
  • How often did people get together in the relationship and what did they do together?

When accused of domestic violence stemming from a relationship, these and similar questions are among the facts the prosecutor will use to show that the couples dated or dated in the past.

sexual assault in texas

Rape is unwanted, non-consensual sexual contact with penetration. The crime of rape applies whether the aggression is committed by a stranger or a relative. Sexual assault is a type of domestic violence under Texas law that a prosecutor can use to broaden assault charges and lead to severe penalties.

intentionally or consciously

The legal meaning of the words "intentionally or knowingly" implies a certain state of mind that the prosecutor must demonstrate in order to obtain an assault conviction. This means that a defense attorney who can challenge the prosecutor's arguments about what you intended or knew at the time of family violence can help you avoid a conviction that is not supported by facts.

For an attack to be a crime, it must be done knowingly, with the intent to threaten or harm someone. It is not enough that you carried out an act of intimidation or physical contact that scared or injured someone: the prosecutor must prove that you did it with the intent to cause fear or harm, or that you did it recklessly and were aware of the risk of physical harm. .

For example, it is not a crime to grab someone's arm tightly to keep them from falling onto a hot stove, even if the person is startled and injures their arm. In this example, you didn't do the action on purpose to cause pain or injury. They did this to protect the person from more serious potential harm.


Criminal personal injury charges can be intentional or reckless conduct toward another person. If you carelessly did something that caused damage, you are responsible for the result. Texas law says it's yourelentlesswhen you are “aware, but consciously unaware, of a significant and unjustifiable risk” of harming someone. The law states that taking reckless risks with regard to a person's safety must involve a "serious deviation from the standard of care that an ordinary person would exercise" to meet the legal definition.

The prosecutor must convince the jury that the act that caused the harm is something a sane person would not do. The prosecutor usually asks the jury to use common sense in determining whether the alleged assault constituted reckless conduct.


The bodily injury requirement in Texas law only means that someone was physically contacted and injured in the incident. The law does not require that the attack left marks or that medical attention was required to treat the wound.

grievous bodily harm

In Texas law, the definition of grievous bodily harm requires significant impact on the injured person. Serious bodily injuries often require urgent medical attention and time to recover from the effects. An injury that requires urgent medical attention and leaves permanent damage, such as scarring, may be classified as aggravated assault for aggravated assault charges. Some examples of grievous bodily harm that support the more substantive grievous bodily harm charge are broken bones, severe cuts or burns, or head trauma.

lethal weapon

Many people's first thought of a "deadly weapon" is a gun. However, it is important to remember that the legal definition of a lethal weapon extends far beyond firearms. Anything capable of causing death or serious injury when used violently against another person might fit the description. A car, a knife, a baseball bat, or even a large, heavy frying pan are all examples of items that could be considered deadly weapons, depending on how they are used against another person.

possible sanctions

Texas felonies of assault can be charged as a Class C misdemeanor, a Class B misdemeanor, a Class A misdemeanor, or even a third- or second-degree misdemeanor, depending on the facts of the case. An experienced Texas family violence attorney is your best partner in helping you understand the penalties you may face with the charges the state has brought against you.

Assault - Class A Offense

Assault causing bodily harm is a Class A misdemeanor, but certain cases, including domestic violence, may allow the prosecutor to extend the charge. A Class A misdemeanor conviction can result in one year in prison, fines of up to $4,000, or a combination of prison and fines.

Threat or Contact Attack: Class C Offenses and Enhancements

Abusive and threatening touch assaults are Class C misdemeanors. Punishment for a Class C misdemeanor may include a fine of up to $500, but not the possibility of imprisonment. However, if the abusive contact threat or attack is directed at an elderly person, the charge is increased to a Class A misdemeanor.

The same Texas law also has an amendment to offensive touch attacks or threats against anyone participating in a sporting event, raising the charge to a Class B misdemeanor. in a predicament where you could potentially face 180 days in jail and a $2,000 fine in addition to damage to your reputation in the community.

Assault Assault Domestic Violence - Third Degree Crime

Personal Injury Related to Domestic Violence or a Dating RelationshipMosta history of domestic violence or an allegation that the assault involved physical contact with the alleged victim's throat, neck or mouth may result in a third degree felony. If the case includes a history of domestic violence convictions and the current assault count implies a breath-restricted assault against the alleged victim, a prosecutor may elevate the charge to a second-degree felony.

Assaulting a pregnant person in an attempt to get her to miscarry is a third-degree felony.

Aggravated Assault in the Family - Second Degree Felony

If the physical violence resulted in grievous bodily harm or if a deadly weapon was displayed or used in the attack, a prosecutor may escalate the charge to felony domestic battery, a second-degree felony charge. This is the second most serious offense under Texas law. A conviction could carry a sentence of five years to life in prison, with possible fines of up to $10,000.

Safeguard Orders and Domestic Violence in TexasAssault Violence in the Texas Family | Cofer and Connelly, PLLC (2)

Texas law allows the court to issue a protective order for someone who can prove they are at risk of ongoing or future assault or domestic violence. Often called a PO, a protective order requires people to be separated in an assault case to minimize the risk of further disputes turning violent. Prosecutors and courts take the legal limitations of the protection order very seriously, so any breach of the order can have serious negative consequences for the person who is the subject of the protection order.

However, protective orders are not automatic when domestic violence occurs. Someone has to go to court and prove that there is a risk of further violence if they are not protected by the person who has hurt them in the past. This means that a petitioner for a protection order must prove that he has committed domestic violence and is likely to use more violence if allowed to be near the person seeking the protection order.

Obligations of a Person Covered by a Protection Order

If a court has issued a domestic violence protection order that applies to you, it is important to take the terms of the order seriously. Any violation of the terms of the court order can have serious consequences. Violation of a purchase order can carry a contempt of court penalty (disrespect of court authority), which allows the judge to order fines of up to $500 or imprisonment for up to six months, or both. Multiple violations of protective orders can result in criminal offenses in addition to any other criminal charges you may face for domestic violence charges.

The criminal process: from prison to trial

If you are involved in a criminal domestic violence case, you can expect to encounter some routine procedures and practices. Every case is unique and your case may not follow the exact same steps from an event ending in a police report to a court judgment (and in some rare cases, a possible appeal).

police reaction

A family argument can start in many ways, but when it ends with a police response, things are likely to get complicated. If you are arrested or the police recommend prosecution, it is in your best interest to consult with an experienced Texas family violence attorney before doing anything else. There are a few things to remember throughout the process of dealing with the cops. Regardless of how you view the situation and how the police treat you, you should always cooperate with a police officer's instructions. However, you should not answer any questions about the incident or provide additional information until you have spoken with your attorney.

As you probably know, and as the police have a duty to inform you, if you are accused of a crime, you have some very important constitutional rights, including:

  • keep quiet: You are not required to answer questions or provide officers with information (other than essential personal identification); If you say something, those words can be used against you in your case.
  • legal advice: You can hire an experienced defense attorney of your choice (or you can hire a court-appointed attorney if you cannot afford one) to advise and counsel you in your case.
  • cool presence: You have the right to be accompanied by your lawyer whenever you are questioned about the case.

The US Constitution gives you these rights, but you must inform the police that you will enforce these rights by stating this fact affirmatively and clearly.

Incident and arrest report.

Sometimes authorities require people in a family dispute to separate and stay apart for a period of time to ease tension and avoid the risk of another physical confrontation. In other cases, the police arrest one of the contenders and recommend criminal charges.

If you've been arrested or simply separated from the other party to the dispute, it's time to speak with an experienced Texas family violence defense attorney to understand your rights and determine the best way to proceed with the process with the least amount of hassle. complications. With a lawyer for your case, you can be confident that you know all the evidence, from the police report to witness statements and all the physical evidence on which to base the charge. A lawyer can defend you and protect your rights.

Accusation - Judicial Appearances

If the Public Ministry files a criminal complaint against you, the complications will intensify.

Court records may list your case as BATTERY INJURIES CAUSED BY FAMILY VIOLENCE or PERSONAL INJURIES CAUSED BY DATE/FAMILY/DOMESTIC ASSAULT. These descriptions on the court record card provide information about the nature of the case and the charge you are facing.

There will be attendance at hearings, due presentation of documents, request and review of evidence, presentation of defenses and legal arguments in a timely manner. The law allows you to proceed without a lawyer. However, this is not recommended due to potential risks to your freedom and reputation. Defending yourself without a lawyer is like flying a plane without flight training.

First Hearing / Prosecution

During the first 48 hours after your arrest, you must first appear before a judge. The judge will tell you what charges you are facing and whether the charges are supported by an affidavit, an affidavit from the person claiming to be the victim of the attack.

The judge will also remind you of your right to remain silent, not to testify or present evidence in the proceedings, and to have a lawyer with you during the trial. You are also entitled to what is known as a “trial” – a hearing to consider the reasons for your arrest or the probable cause of the charge. Your attorney can help you understand how you can benefit from these rights and how best to use them in your case.

When charged, you have the option of reading the charges in public so you know what to expect and can make a statement. Typically, at the first hearing or indictment, it is always best to plead not guilty so that you and your legal team have an opportunity to properly assess your case and consider your defense before proceeding.

The prosecutor will work with your attorney to provide you with access to case files and the police report, and will often enter into discussions about a mutually agreed arrangement to resolve the case without trial. Your attorney will also request copies of key evidence in the case, such as: B. Recording of the 911 call from the event, videos or photos of the crime scene, and any testimony the prosecutor may have.

preliminary hearings

Before the main hearing in criminal cases, there are usually a few hearingsif the case goes that far🇧🇷 There will be a bond or bail hearing so the judge can consider the terms that the prosecutor will agree to release you while the trial continues. Except in cases of capital murder, you have the right to be released on pre-trial bail if you provide adequate security and can prove that you are not at risk of fleeing or posing a potential danger to the community before trial. You are out of prison.

Most cases are resolved at some point before trial, when the defendant's attorneys and the prosecutor discuss the facts, law, and issues at hand in the case. There are often discussions and arguments about the facts and evidence that may lead to a suppression hearing, where your attorney will present arguments to keep the wrongfully collected evidence out of court.

In some cases, the prosecutor offers a plea deal, which may include reduced fees, a postponed trial, or some other way to resolve the case better for everyone than a full trial in open court. The vast majority of all criminal cases end with settlements that both parties can agree to. However, it is important to remember that the judge has the power to reject the plea bargain. When that happens, you can withdraw your guilty plea and the case will continue as if there was no guilty plea.


If the state does not offer to settle or settle the case in a way that you can accept, court proceedings will be initiated. A judge alone or with a jury of other citizens will hear the facts of your case and decide the outcome. Every criminal case in Texas has what is called a two-part process. This means that the process will take place in two phases: first the guilt or innocence phase and then, if necessary, the punishment phase.

In the first part of the trial, the jury (or simply the judge if you've decided on a non-jury trial) will hear the evidence and decide whether you're guilty of the charges the prosecutor has brought against you. The case ends when the jury or judge finds itinnocent🇧🇷 When the first part of the process ends with a verdictguiltyEach accusation advances to the second part, the punishment phase. In the punishment phase of the trial, the jury or judge will hear more about you, your character, and the impact of events on others in order to make an appropriate judgment.


In some very rare cases, there are good reasons to take the case to a higher court after the hearing. This can usually happen when the judge has made clear mistakes in the law or there has been some other serious error in the court process. If your case has to be appealed, it usually takes years and a lot of money to resolve. The appeals process is not only very long, but also full of complicated legal arguments that must be presented at the right time. An appeal is something that usually requires legal advice.

How a Criminal Defense Lawyer Can Defend You in a Domestic Violence CaseAssault Violence in the Texas Family | Cofer and Connelly, PLLC (3)

Just because you face serious criminal charges doesn't mean you're guilty.🇧🇷 It is important to remember that cases of domestic violence are often very complicated and emotions are always running high. There is a real potential for error in documenting events in official records such as a police report. A defense attorney with experience in Domestic Violence Law will understand how to collect all relevant evidence and will assess the veracity of the various statements in the file. There are valid defenses against very serious allegations of domestic violence, and an experienced domestic violence attorney will help you deal with these issues at the appropriate time in your case.

Legitimate defense and defense of others.

If you were responding to physical violence from someone who attacked you when the alleged attack took place, you may have a valid claim of self-defense. The arresting officer may not have understood the whole situation and made a mistake by taking the word of the other person involved in the fight. These are the types of facts that qualified Texas defense attorneys are very good at examining before the case goes to court so that they can challenge the facts presented by the prosecutor.

disputes of fact

When police officers respond to a domestic violence call, they must defuse the situation and protect all family members from harm. In many cases, responding employees prefer one person's word to another about what happened. While the police report may indicate who the officers believed to be the greater culprit, a good defense attorney will independently investigate and uncover the truth about what happened in the dispute. An experienced Texas family violence defense attorney can review claims and testimony and present a complete picture of the case to prosecutors and, if necessary, the court.

false accusations

Being falsely accused is common in domestic violence cases. For a variety of reasons, from jealousy to revenge and anger, someone may make false claims about family violence that have real potential to change your life. An experienced legal defense team is experienced in examining evidence, including police reports, medical records, family history and more, to uncover the truth. Typically, a person who is not completely honest about what happened has inconsistencies or inaccuracies in their story that an experienced Texas family violence attorney can analyze to uncover the truth.

Collateral Consequences of Texas Attack Rates

Domestic violence can become a public spectacle, leading to arguments between neighbors or friends about who did what and who might be to blame. While you cannot stop people from gossiping with each other, you can do everything you can to prevent your name and reputation from being falsely associated with accusations or allegations of domestic violence. An experienced defense attorney who has seen many cases is your best chance of clearing your name and settling the matter.

Even if you receive a deferred trial to avoid the worst criminal penalties, a family violence charge cannot be dropped or expunged from your record. The effects of the charges will haunt you long after the sentence has been served and the fines paid. The ramifications of such a criminal record can prevent you from legally owning guns and will affect your ability to find housing, get a job, qualify for a loan and spend time with your children.


If you have a domestic violence conviction on your record, it becomes that much more difficult to convince a family court judge to grant you custody of your children in a custody battle. You may have restrictions on how you can visit your children with supervised visits. Your right to spend time with your children may be subject to different conditions.

gun possession

A domestic violence conviction costs you the right to own firearms or ammunition. Any felony conviction ends your gun rights, but even a domestic violence conviction has the same effect. And without the ability to expung a family violence charge from your record after you're convicted of the crime, the gun ban can last a lifetime.


Arrest, prosecution and legal action can cost you your current job and are likely to create additional challenges in finding employment in the future. Employers look for public records of criminal convictions in the hiring process, and a red flag like a family felony on your record can put you off before you even get a chance to apply for the job.


As a public matter, a crime of domestic violence can make headlines in your area, having a major negative impact on your relationships in the city. Even if the media doesn't report it, the charges and convictions of anyone who searches a criminal record on your behalf will be in the public record. Being accused of domestic violence can also affect your activities with local clubs or social organizations.

Education, Professional Licensing

You may lose opportunities for scholarships or placement in competitive education or training programs if you have a domestic violence offense on your record. Many professional licenses can be affected by these offenses, from contractor licenses to real estate licenses. If your work requires certification or licensing, you may face new challenges after your domestic violence conviction. It is important that you speak with a lawyer who can help you handle the situation as best as possible.

Company credit and reputation

Any criminal convictions on your record are publicly available, and banks and other lenders will undoubtedly check your criminal record when looking for a personal or business loan. If you are a business owner, your relationship in the industry could be affected if others in your line of work become aware of your domestic violence record.

accommodation options

Most landlords will check the applicant's criminal history before agreeing to rent an apartment to a new tenant. You could lose the apartment or condo you want to live in if you don't pass a background check with a clean record.

common questions

Our criminal defense attorneys at Cofer & Connelly, PLLC, have seen many personal injury and family violence cases under Texas law, and of course, we answer many questions that arise when facing criminal charges. Below, we share our answers to some of the most common questions we receive.domestic violencedefense arguments and strategies.

Can a woman be accused of aggression in the family?

Yes, Texas law is neutral on who is attacking and who is being attacked, so a woman can certainly be charged. In fact, it is not uncommon for domestic violence to be committed by the wife or girlfriend in the relationship. Statistics show that up to one in nine men in the United States has been a victim of domestic violence perpetrated by a partner in a relationship.

Why was I accused of assault in the family when I didn't hit anyone and was just trying to defend myself in an argument that suddenly turned violent?

Sometimes, after a turbulent situation, the wrong person is arrested or charged with assault. Officers responding to a domestic violence situation sometimes trust one person's word over another in a family violence case. In the chaos and confusion of police action in a family dispute, it is often unclear what happened. Still, the police must resolve the situation and protect all family members.

In many cases, the police may have a policy that requires them to separate family members after a physical fight in order to detain someone or order them to leave the house to defuse the situation. If you are accused, an experienced defense attorney can conduct a thorough investigation to get to the bottom of the facts and help you present your best defense.

What is an affidavit of non-accusation?

An affidavit of non-indictment (ANP) is an affidavit by a witness for the plaintiff in a criminal case that explains why the witness is asking the state to dismiss the charges against the defendant. There are many different reasons why a complaining Witness would write an ANP, and in some cases they can be very helpful to someone accused of family assault.

However, it is important to note that a proxy is not legally required to accept an ANP as binding; in other words, there is no law that requires the state to drop the case if the complaining witness so requests. On the other hand, it is more difficult for the prosecutor to prove a case where the witness has asked that the charge be dropped. If the complaining witness explains the reasons for dropping the case, including a valid defense that applies to the defendant in this case, or a factual error in the police report that caused confusion, the prosecutor will likely consider an ANP as a good reason to withdraw the indictment.

My partner wants the domestic violence charges against me dropped. Can we let it go?

The government is opening a criminal case and it is up to the prosecutor to decide how to prosecute. The prosecutor decides how to proceed in each case based on what he believes is best for the community and what the law stands for. After the police report the incident, the prosecutor decides how to proceed. A Texas prosecutor will review a motion to dismiss the case, but is not required to uphold that motion. It can complicate the case for the prosecution if the accuser does not want to testify or participate in the criminal proceedings. However, the government may subpoena the witness to testify under oath if necessary.

My partner got a protective order against me, but we worked it out. Can we just ignore the command?

Only the court can change the terms of a protective order or release you from its restrictions. The person who filed the application does not have the legal authority to change it in any way. You could end up back in court and jail if you don't take a protective order seriously. An experienced Texas family violence attorney can help you take your case to court to change the purchase order, but no one but the judge can change the legal terms of the order.

Do I have to turn in my firearms?

Yes, if you are named in a protective order, the law prohibits the possession or control of firearms and ammunition. If you are subject to a Domestic Violence Protection Order, you will not be able to apply for an LTC (Permit to Carry), and if you already have one, it will be suspended.

If you are convicted of a Class A misdemeanor relating to family violence, you may not carry a firearm for five years from the date of your release from community custody and supervision.

If you have a temporary protection order, the judge may decide to ban you from carrying a firearm.

What if I accidentally violate the protective order?

Intentionally or unintentionally, violating a protective order is a Class A misdemeanor, which can result in imprisonment and a fine of up to $4,000. In some cases, you could face a prison sentence of up to one year. In other cases, you may be fined.yblocked. Charges and sentences increase to third degree felony if you have a criminal record, which can range from 2 to 10 years in prison.

My roommate and I agreed to a fair fight; Did we break any laws?

Lei do Texasallows two adults to agree to fight each other, therefore, a concerted fight is unlikely to be against the law. However, there are some restrictions on how and where you fight. For example, you cannot install it in a public park where it could alarm or endanger others. Also remember that if the fight goes too far and someone ends up with grievous bodily harm, or even if the heat of the argument causes one combatant to direct actual death threats at the other, Texas prosecutors can file assault charges. .

An Austin Domestic Violence Lawyer Can Help You Manage Your Situation

If you're facing domestic violence charges in Austin or anywhere else in Texas, you need a strong defense. A defense attorney will carefully review the facts and details of your case in preparation for challenging the prosecution's case. An experienced Texas domestic violence defense attorney is trained to spot potential procedural errors in an arrest or police investigation. You can help your defense and gather all the key evidence to get a complete picture of what happened. An experienced defense attorney will speak directly with government attorneys and present your defense convincingly. They also represent you in court and in all dealings with prosecutors. And your communications with your attorney are confidential throughout the attorney-client relationship.

Criminal Lawyers You Can Trust to Get It RightAssault Violence in the Texas Family | Cofer and Connelly, PLLC (4)

For years, the legal team at Cofer & Connelly, PLLC has defended significantly many Texans in personal injury and domestic violence cases. We know the best approach for your legal case. Our top performing criminal defense team will take the time to carefully answer your questions about the law and your case, update you on the development of the case, and most importantly, work tirelessly to get the best outcome for your situation. There is no time to hesitate when your freedom, legal rights and reputation are at stake.

Llame a Cofer & Connelly, PLLC(512) 991-0576contact usin lineto start solving your case.

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