By Jeff Kennedy
Defending Family Violence Charges in Texas
Jeff C. Kennedy has over 20 Years of experience defending clients charged with family violence, with thousands of case wins ranging from not guilty to reduction of charges. Schedule a free case consultation with Jeff today.
In relationships, arguments can quickly turn passionate, resulting in poor decision making. If the police are called, a simple argument can easily escalate into an arrest. It does not matter who called the police or if the caller changes their mind after calming down.
If you have been charged with domestic violence, it’s imperative to seek legal representation. The impact of a domestic violence conviction in Texas is considerable and long-lasting.
Aggressive Domestic Violence Representation: You Deserve the Best Defense
With 28 + years of experience defending against family violence and abuse charges, we are well-equipped to handle your case. We understand the intricacies of Texas law and have a proven track record of success in protecting our clients’ rights and securing favorable outcomes.
We understand the frustration you are feeling when the world, including your own family members, seems to have turned against you.
Contact our offices today to schedule a FREE case review with family violence attorney Jeff C. Kennedy.
Domestic Violence in Texas
In Texas, domestic violence, is known as family violence. A family violence charge is basically any attempt to intentionally cause bodily injury (assault) to a person with whom you have a domestic relationship with. “Domestic relationship” is broadly defined as a relationship with any of the people listed below:
- Spouse
- Children
- Parents
- Roommates
- Anyone you are in a dating relationship with
- Foster family members
- Anyone living in the same household
Proving Guilt
To be proven guilty of family violence, the prosecutors must prove one of the following:
- That you intentionally caused physical bodily harm to another person you have a domestic relationship with
- That you threatened physical bodily harm to a person you’re in a domestic relationship with
- That you intentionally or knowingly caused contact with a person you’re in a domestic relationship with, and you were aware the person would take offense or find the contact provocative
In Sec. 71.004. FAMILY VIOLENCE is defined as:
- (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
- (2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
- (3) dating violence, as that term is defined by Section 71.0021.
Is Family Violence A Felony Or Misdemeanor in Texas?
The penalties for family violence in Fort Worth depend largely on the circumstances. For example, the seriousness of the injury will play a large role in whether the violence is charged as a misdemeanor or felony. The following are a few of the factors that will determine whether you are charged with a felony or a misdemeanor:
- Your relationship to the injured party
- Whether you have a history of domestic violence
- Whether suffocation or strangulation was involved in the alleged violence
- Other aggravating or mitigating factors
Family Violence Penalties & Fines in Texas
Again, depending on the seriousness of your family violence case, you could be charged with a Class A misdemeanor all the way up to a first-degree felony. The following information summarizes the penalties for these types of convictions:
- Assault Causing Bodily Injury to a Family Member is a Class A Misdemeanor – You could be sentenced to up to one year in jail and a fine of up to $4,000.
- Assault by Impeding Breathe or Choking of a Family Member is a Third-Degree Felony – You could be sentenced to between two and ten years in prison and a fine of up to $10,000.
- Assault of Family Member With Prior Assault is a Second-Degree Felony – You could be sentenced to between two and twenty years in prison and a fine of up to $10,000.
- Assault of Family Member twice in 12 moths is a First-Degree Felony – You could be sentenced to between 2 and 10 years in prison and a fine of up to $10,000
Can The Victim Drop Charges?
The district attorney of Tarrant County has a no-drop policy on cases where a family member is assaulted with bodily injury. But that doesn’t mean that the case cannot be dropped or dismissed.
Jeff C. Kennedy has had these types of cases dropped regardless of the policy. Depending on your circumstances, there are many options and variables to discuss.
Affidavit of Non-Prosecution
The victim files a sworn legal document to inform the prosecutor requesting all charges be dropped or dismissed. Unfortunately, this does not guarantee that the district attorney will drop or dismiss the case. There are specific steps that need to be taken if this is an options for your case. These steps include meetings with the Tarrant County victim coordinator, and assistance district attorney.
Every case is unique circumstances, and its always a smart idea to hire an attorney that has handled these cases in your county, and understands how the prosecution will view the case, and what they will most likely do.
Emergency Protective Order (EPO)
An EPO is a court order prohibiting a person charged with family violence from certain actions. The goal is to protect the victim. This can prevent the accused from communicating or harassing the victim in a threatening manner. The accused can be stopped from going within 500 feet of the victims work place, school or home. These types of requests are requested for the victim by police officers or the state attorney.
- EPO is effective for 31 to 91 days depending on the victims injuries.
- The person accused of family violence cannot possess a firearm (federal law).
If you have an EPO against you, its important you contact an attorney for guidance. Violating these ordered can ruin your chances in court or a case dismissal.
What Happens If I Plead Guilty to Family Violence?
Many people wrongly assume that a charge of domestic violence in Fort Worth automatically makes them guilty in the court’s eyes. However, if you plead guilty right away, you are damaging your criminal record for life, creating a history of violence that other people can point to in the future.
Put simply, you are likely causing life long problems beyond just legal penalties. In many cases, pleading guilty to domestic violence can lead to the loss of family relationships, custody of your children, job loss, and more.
Don’t risk your future by pleading guilty. Schedule a FREE consultation with Jeff C. Kennedy. He has over 20 years of experience defending family violence cases.
What Happens in a Domestic Violence Case From Start To Finish?
Typical Family Violence Case Proceedings
When someone reports domestic violence, the aftermath can determine what usually happens in these types of cases. An officer arriving on the scene may make an arrest, but arrests may also be made after the event in question. Police will lead an investigation, and all witnesses will be questioned.
The prosecutor will review the case for evidence of family violence. In order to prove violence occurred, the prosecutor must demonstrate that the suspect knowingly or intentionally threatened to harm, harmed, or engaged in objectionable physical contact against another person.
Factors that could influence the outcome of your case include the nature of the alleged violence, the relationship between the individuals, and any record of past abuse or convictions.
Many different forms of violence could be treated as domestic violence, and punishments can range from a night in jail to up to years in prison.
False allegations can also be treated as misdemeanors. In the end, the outcome of the case—and its timeline— will be determined by the prosecution’s investigation into the facts.
How Do Defense Attorneys Handle Domestic Violence Cases?
Domestic violence is a very serious charge in Texas. Sometimes, the prosecution in a domestic violence case will press forward with charges based on incomplete evidence or a rapid police interview. This isn’t good for anyone, and especially the person facing a charge on spurious evidence.
Fortunately, regardless of the violent crime charges you’re facing, you are entitled to a robust legal defense—and it’s no different when you’ve been accused of domestic violence.
Contacting a family violence lawyer as soon as possible can help you clear your name.
Read on if you’re wondering how we can help you fight a domestic violence charge.
Here Is How We Can Help You Fight A Family Violence Charge in Fort Worth, TX
When a prosecutor decides to press domestic violence charges, they are doing so on the basis of purported evidence. Like most criminal charges, the facts in a domestic violence case can be distorted or disputed based on their representation in court.
Just because a family member called police and accused you of assault doesn’t make it true. And it doesn’t make a strong defense impossible. The following are a few tactics a defenses attorney can use to defend you:
- The injury against your family member was unintentional or a mistake. For example, you were swinging your arms around while working out and accidentally hit your family member. The injured family member might have believed it was intentional, but you know it wasn’t.
- There was no offense and your family member is lying. For example, you and your girlfriend got into a dispute, and she told you that, if you didn’t do what she wanted, she would call the police and accuse you of domestic violence. Often, family members falsely accuse their loved ones of violence in an attempt to manage their behavior.
- The violence was in self-defense or defense of others. In this example, you will admit to violence; however, you were defending yourself or others from a family member’s attack. This is the classic “he said, she said” when it comes to the matter of who attacked first. If the prosecution can’t prove that you started the violence, your charges could be dropped.
Types of evidence the prosecution can use in a domestic violence case are:
- Police reports
- Witness statements
- Audio or video recordings
- Photos
- Medical records
- Social media posts
- Text messages
Introducing Doubt: The above evidence only tells a part of the story. The role of your defense attorney is to introduce doubt into the overall picture of the evidence. An experienced attorney can use any of the following tactics to introduce doubt into the overall picture of the evidence:
- Pointing out inconsistencies in the narrative
- Discussing where evidence may contradict itself
- Revealing the biases or hidden motivations of the other party
- Proving the implausibility of the story
- Proving that the arresting officers made procedural errors, such as not reading your Miranda Rights
If done successfully, this can achieve two things:
- It can get a prosecutor to reconsider
- or convince a jury to acquit the defendant of all charges.
The Statute of Limitations on Family Violence Charges in Texas
For any given crime, it may not always be possible for a prosecutor to immediately present charges. Sometimes, the evidence for a crime may be spurious, or a victim comes forward much later on after an alleged crime has been committed.
In Texas the statute of limitations imposes a deadline on the amount of time that can pass between when a crime has been committed or discovered and the filing of charges.
Texas statute of limitations for a misdemeanor assault charge is two years. It’s important to keep in mind that charges similar to domestic violence may have different timelines. For example, the crime of continuous violence against the family is a felony, meaning the statute becomes three years instead of two.
You Need a Domestic Violence Attorney On Your Side
Being arrested for domestic violence doesn’t take away your rights. You are entitled to tell your side of the story and fight to preserve your record and your reputation. Don’t try to fight the charge on your own. You have a much better chance of beating a domestic violence charge with an experienced attorney by your side. Contact Law Offices of Jeff C. Kennedy.
We will examine your domestic violence case and work tirelessly to build the defense that will best serve you. Call us today at 817-605-1010 to arrange a free consultation. You may also complete our website contact form below.
Law Offices of Jeff C. Kennedy, PLLC
301 W Vickery Blvd Suite #101
Fort Worth, TX 76104
(817) 605-1015
Hours:Open 24/7
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