Plano - Texas Domestic Violence Attorneys - Wilder Law Firm (2023)

Many family members experience conflicts in which arguments and disagreements arise. Sometimes things get out of hand and the police are called to help. Once the police arrive they try to settle the dispute and the easiest way to do that is to put someone in jail. In the blink of an eye you must defend yourself against criminal charges, deal with the fallout from your personal relationship, find a new place to live and fight for your future.

if you rentWilder law firmThey bring over 25 years of experience in robbery &Allegations of domestic violenceto work for you. Now is not the time to talk to the police or your prosecutor. Emotions run high and anything you say could be misconstrued and used against you. Your situation is dire and you need a strong advocate by your side to fight for you and your future.Call our Plano, TX office at 469-253-8159 and let us fight for you.

What are the Texas Domestic Violence Laws?

Family violence, also called “domestic violence”, is definedTexas Familiencode 71.004how:

  • An act by a family member or household member against another family member or household member intended to cause physical harm, physical harm, sexual assault or assault, or constitutes a threat that causes the member to have a reasonable fear of imminent physical harm. , assault, physical harm or sexual assault, but does not imply any defensive measure to protect oneself;
  • abuse, as that term is defined in Texas Family Code 261.001, by a member of a family or family of a child of the family or family; any
  • violence in the relationship.

While it is common to think of domestic violence as occurring between spouses or partners, all of the following relationships fall into this category.family violence:

  • Bluts family.
  • Related to the family by marriage.
  • A member of your household.
  • Anyone you had a child with (does not have to be married).
  • Current spouse.
  • ex-spouse.
  • adopted child or parent.
  • Anyone who lives in your house.
  • Partner's son or ex-partner.
  • Anyone you've ever dated (even an ex).

How can a lawyer help me?

An allegation of abuse or injury as a result of a fight only tells one side of the story. Our focus is to develop, refine and tell your version of what happened. As you try to improve your defenses, here's a look at some of the defensive measures:

  • self defense.
  • defense of others.
  • asset defense.
  • Obligation
  • To need
  • Injuries have occurred, but not for you.
  • victim lies.
  • Self inflicted wound.
  • lack of sanity.

We know that not only are you concerned about the allegations of domestic violence, but also about the outcome of your case and how it will affect your future. We will work closely with you to ensure that all potential defenses are fully investigated and the most effective defense presented.

self defense

Self-defense is the most common defense against allegations of domestic violence. You have the right to use force against another person if and to the extent that you reasonably believe that force is imminently necessary to protect you from the other person's unlawful use or attempted use of force. You don't have to wait for the other person to use force against you to assert self-defense. Your perception that force should be used against you is sufficient to defend yourself.

defense of others

You can legally come to the aid of another person to defend them. A person has the right to use force against another person in order to protect a third party if the person reasonably believes that he or she would be entitled to use force to protect himself against unlawful force which he reasonably believes would affect the third party threatens the person she is trying to protect. Deadly force can also be used in this situation.

asset defense

A person who lawfully disposes of property has the right to use force against another person if and to the extent that he or she reasonably considers that force is promptly required to prevent or stop the unlawful interference with or interference with the other person's property . The extent of reasonable force used will depend on the specific facts of each case, but may include the use of deadly force.

Obligation

It is an affirmative defense to prosecutors that you participated in the attack because you were compelled to do so by threats of imminent death or serious bodily harm to you or someone else. Coercion exists only when the force or threat of force renders a person of reasonable determination unable to withstand the pressure.

To need

The conduct is justified when the person reasonably believes that the conduct is imminently necessary to prevent imminent harm, and the desirability or urgency of avoiding the harm clearly outweighs, according to ordinary standards of reasonableness, the harm that the law prevents target. Behaviour.

victim lies

Not all attacks result in visible injuries. All one person has to say is that the other person did "something" that caused them pain. I've heard people say, "If they touch me, I'll call the police," and when the police arrive, they totally exaggerate what happened, or just make it up enough to try and arrest someone. Hair pulling can be painful, but it leaves no trace and is an easy accusation to lie about. In addition, some police departments are known to have extremely slow response times, and the prosecutor can claim that the handprint left by the attack has disappeared due to their slow response.

self inflicted wound

When lesions are visible, we need to determine how they got there. This is especially the case when the marriage is deteriorating and a custody battle is imminent or when a relationship is coming to an end. People intentionally hit or crashed into a door frame to cause visible injuries, only to blame the spouse when police arrive. People accidentally slip and fall after a night of drinking, arguing and hurting themselves only to get even more angry and blame the other person. The police don't know what happened, but they are looking for injured people and if they see one, the other goes to jail.

lack of sanity

In the case of any physical injury, the person must cause the injury intentionally, knowingly, recklessly or with gross negligence. Imagine you are arguing with your partner. You are angry and decide to leave the house. You start running towards the door and as you round the corner you collide with the other person and knock them down. They didn't know they were there and it was a total accident. They are injured from contact and falls. You tell the police that you found them who caused your injuries. All of this is true, but no crime was committed because he lacked any of the required mental states. However, there is still a good chance you will be arrested and put in jail.

provocation

A person cannot provoke you into an attack and then claim self-defense. If you are provoked to hit someone, there must be evidence that:

  1. The person did something or used words that provoked the attack;
  2. That such actions or words were reasonably calculated to provoke the attack; j
  3. That the act or words were used with the purpose and intent that the accused had an excuse to harm the other.

What are the penalties for a domestic violence conviction?

First Attack: Offensive Touch

  • Class C misdemeanor
  • The period of imprisonment cannot be estimated.
  • Fine up to $500
  • Permanent identification of family violence that can be used to improve future criminal reports!

*While a Class C carries only a fine, a finding of domestic violence can have devastating effects on future charges. Class C loads are very serious.

First charge: assault

  • Administrative offense class A
  • County Jail: Up to 1 year; any
  • Probation: Up to 2 years.
  • Fine: up to $4,000.
  • Permanent detection of domestic violence: The charges can never be dropped or kept secret
  • Deferred parole is an option, but any delay can always be used to criminalize future charges of domestic violence!

First charge: asphyxiation

  • third degree crime.
  • prison: sentence from 2 to 10 years; any
  • Probation: A sentence of 2-10 years.
  • fine of up to $10,000.
  • Permanent detection of domestic violence: Always on your record
  • Deferred parole is an option from 2 to 10 years.

second charge

  • third degree crime.
  • imprisonment from 2 to 10 years; any
  • Probability up to 10 years.
  • fine of up to $10,000.

Persistent violence in the family

  • third degree crime.
  • imprisonment from 2 to 10 years; any
  • Probability up to 10 years.
  • fine of up to $10,000.

Lethal weapon used or grievous bodily harm

  • First degree crime.
  • imprisonment from 5 to 99 years; any
  • Probability up to 10 years.
  • fine of up to $10,000.

Violation of the protection order

  • Class A crimes
  • imprisonment of up to one year; any
  • Probability up to 2 years.
  • Fine of up to BRL 4,000.

What if it's my first domestic violence crime?

Being accused of a crime is hard to get over. However, there is a certain stigma that makes allegations of domestic violence all the more troubling. When you are first accused of domestic violence, you are probably wondering what will happen to you. Many factors can affect what happens when it comes to your first domestic violence crime in Texas.

If you have no criminal record and there are no aggravating circumstances in your case, you can apply for a deferred procedure. This is a special kindParole🇧🇷 If the adjourned trial ends without incident, the case is closed. You will not be judged. Remember, you must complete all of your parole conditions before the court can dismiss the charges against you. It is important that you take your probation seriously to avoid being arrested for domestic violence.

However, if the court makes a positive decision about domestic violence, it will stay with you for the future. If he is then accused again of assaulting a family member, the public prosecutor's office will institute criminal proceedings against him, since he already had a criminal record for domestic violence.

Is domestic violence a crime in Texas?

Domestic violence is broadly defined in Texas, and the crime can be charged as a misdemeanor or a felony, depending on the circumstances. There are two ways domestic violence charges in Texas can become criminal charges. First by intensification and second by strangulation during the offence. An upgrade is a higher sentence range for a third-degree felony because the defendant has already been convicted of domestic violence. There are three levels of domestic violence in Texas:

  • Assault for threat of domestic violence - Class C misdemeanor - $500, no jail time
  • Domestic Violence – Class A misdemeanor – Fined $4,000 with up to one year in prison
  • Assault for domestic violence or assault for domestic violence by strangulation: A third-degree felony carrying a prison sentence of three to 10 years and a fine of up to $10,000

Do Most Domestic Violence Cases Be Shut Down?

Domestic violence cases are similar to other cases in that many of them never go to court. Many cases of domestic violence end in a guilty plea or the case is dismissed. Prosecutors are overwhelmed and, if possible, try to reach an agreement so that they do not have to go to court.

What is Domestic Violence Cheating?

Unfortunately, it's not uncommon for someone in Texas to be falsely accused of domestic violence. CorrespondingEnd abusive and violent environments(SAVE) up to 10% of people accused of domestic violence, sexual assault or child abuse have been falsely accused. Almost any current or former family member or romantic partner can make a false allegation of domestic violence, even without evidence.

What should I do if I am falsely accused of domestic violence in Texas?

If you are dealing with a false domestic violence allegation, it is important that you know your rights and discuss your case with an attorney as soon as possible. It can be tempting to argue with the person who falsely accused you. Avoid this at all costs. Getting into a heated argument can give the impression that you are in a heated and violent relationship. Instead, you should discuss your case with a criminal defense attorney as soon as possible. Do not consent to being questioned by the police unless you have an attorney present, even if the officer pretends to believe you and is on your side.

Can a charge of domestic violence be reduced to disorderly conduct?

In Texas, there are many ways a person can be accused of disorderly conduct. As with domestic violence charges, the severity of the sentence depends on the factors at play in the case. For example, a defendant may face a Class C misdemeanor charge for using offensive language in a public place. There are also more serious types of disorderly conduct charges, including state prison felonies or third-degree felonies.

Depending on the facts of your case, a criminal defense attorney may be able to negotiate with prosecutors to reduce your charges to misconduct charges. However, if you hurt someone with whom you have a domestic relationship, the prosecutor is less likely to drop the disorderly conduct charge.

Can I be arrested if I push or hit a woman?

Yes, you can be arrested for pushing or hitting a woman in Texas. Choking, kicking, hitting, slapping, and hair pulling are considered forms of aggression. If you have a family relationship with the person you assaulted, were dating, or just lived with, you could face a domestic assault charge for pushing or hitting a woman. Aggression can also include punching someone in the chest during an argument, bumping into someone in a sexually suggestive manner, or simply confronting someone in a threatening manner.

If a woman hits a man, is that considered domestic violence?

Yes, under Texas domestic violence laws, the gender of the person hitting someone is irrelevant. In other words, it doesn't matter if the perpetrator is male or female. Hitting another person can discharge the household battery. Sometimes people assume women can't be charged with domestic violence, but that's not true. Law enforcement officers have a duty to find out what happened during the fight and arrest the person who used violence against the other person. Hitting another person is an offensive touch intended to hurt another person and is a felony in Texas.

What Can Domestic Violence Attorneys Help?

Allegations of domestic violence do not go away on their own and can have serious consequences. When there is an argument with the other, it is common for emotions to run rampant and the police to be called just to try and cause trouble. Lies are told and the fact that you defended yourself, that you were the aggressor, is conveyed. There are two sides to every story and we make sure your side is told in the most effective way. With so much at stakeCall Plano's office at 469-253-8159 and let us fight for you.

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