Domestic Violence, Family Violence and Domestic Abuse
Contact us about your domestic or family violence case.
Being accused of abuse, whether it is spousal abuse, child abuse, battery, family violence or domestic assault is very serious. The effects are far-reaching, and can affect not only your family, but also affect your reputation, job or career, and even possibly force you to move outside the community in which your family resides. Being charged with Family Violence places a restriction on the defendants ability to possess or buy weapons. A recreational hunter or shooter will lose their ability to possess guns for up to five years after the end of the sentence or probation, even if it is a misdemeanor conviction. If a defendant has prior criminal convictions, the penalties can become even more severe. For example, a allegation of Assault / Family Violence can be enhanced from a misdemeanor to a 3rd degree felony, resulting in harsher penalties.
Domestic Violence or Family Violence can also be described as:
- Sexual assault
- Spousal abuse
- Child abuse
- Elder abuse
- Domestic abuse
- False imprisonment
A family violence or domestic violence conviction can result in the following penalties:
- 1st Conviction: Up to a year in County Jail with probation time after release, and in some instances, a fine of up to $4,000. A judge may also require community service and court-ordered counseling.
- 2nd Conviction: A second conviction will not be filed as a misdemeanor. Instead, it will be filed as a 3rd degree felony. A conviction can result in up to 10 years confinement in a state penitentiary, fines that can exceed $4,000 and court-ordered counseling. After release from prison, parole is mandatory.
Even if the victim refuses to press charges, the district attorney can press charges. In Texas, recently passed laws grant judges the ability to hold without bail those accused of nonviolent, trivial, or accidental violations of temporary restraining or protective orders. Texas law enforcement, like these in many other states, has aggressive arrest procedures for domestic violence calls. As a result, many people are arrested for domestic violence based on very circumstantial evidence. In turn, Protective Orders are issued and bar the spouse from their family. Innocent actions such as running into the other party at events such as the mall or little league sporting events can be considered a violation of the restraining or protective orders.
Experience Counts in a Family Violence or Domestic Violence Defense
Holmes & Moore, P.L.L.C. lawyers have many years of experience defending many types of domestic and family violence cases. Whether or not this is your first offense or third offense, we have the skill and the experience to insure that your rights are protected. Being charged with an offense of domestic or family violence does not mean that you are automatically convicted. Each case is different. Experience counts.
Contact Holmes & Moore, P.L.L.C. today to ensure an aggressive defense of your rights.