FERTITTA & REYNAL LLP

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FERTITTA & REYNAL LLP

Assault involving family violence in Texas could be physical contact, grabbing, pushing, scratching, kicking, biting, or anything that causes an injury to another or physical intimidation. The level of offense charged will have to do with the type of threat, whether or not there is imminent fear, and/or the level of injury.

Why Would A Prosecutor Decide Not To Proceed With My Family Violence Related Case In Texas?

It is possible for a prosecutor to decide to not proceed with an assault family violence charge. Typically, we see this when we investigate early on in the case and we are able to present the prosecutor with evidence that conflicts with the allegations that have been made by the police.

Do I Have The Right To Defend Myself In a Domestic Violence Related Incident?

In Texas, we have the right to self-defense. However, the amount of force used in a self-defense situation should be only the minimum amount of force necessary to defend yourself.

Will My Prior Record For Assault impact My Domestic Violence Related Case In Texas?

By law, the judge cannot consider previous assault evidence in a new assault case. However, there are some practical matters, such as setting a bond and bond conditions, where a previous assault charge will be considered by the court.

What Should I Do If My Spouse Tries To Contact Me After I Have Been Arrested For A Domestic Violence Related Incident?

I would caution any client from having direct contact with their spouse in the immediate aftermath of being charged with assault family violence. The courts will usually issue a motion for emergency protection and within that order, they will spell out very specifically what kind of contact is allowed between the two spouses.

I Believe I Was Overcharged In A Domestic Violence Case. Should I Accept A Plea Deal In This Case?

If a client believes that they were overcharged or inappropriately charged, they should not accept a plea deal.

How Do Police Determine Who The Aggressor Is In A Domestic Violence Situation?

The police arrive at the scene of a home in a domestic violence call and attempt to determine what is happening based on past events. Rarely do the police actually witness any acts of violence. They attempt to reconstruct what happened by interviews.

If I Was Arrested in A Domestic Violence Related Incident, Can I Go To My House To Get My Stuff?

I would advise a client charged with domestic violence never to return to the home without working, through their attorney and the courts, to schedule and orchestrate returning to their home to obtain their personal effects.

What Conditions And Restrictions Will I Face If I Was Arrested And Charged With Domestic Violence?

Typically, we see the courts order a no-contact order as a condition of bond, which will dictate zero contact with the complaining witness. Sometimes, you may see limited contact, where the charged party is restricted in their communications to not communicate in a threatening or harassing manner towards the complaining witness. If the court order is violated, it can result in a client’s bond being revoked or additional criminal charges for violating a protective order.

Can I Face Additional Child Endangerment Charges In A Domestic Violence Scenario?

If the other spouse consents to having a child interviewed, they will absolutely be interviewed and that evidence could be used against a client. As to additional child endangerment charges, it depends on the level of violence in the allegations. If the child was present as a gun was being brandished, the client could face additional charges of child endangerment.

Why Am I Being Charged In A Domestic Violence Case When My Partner And I Are Both Equally To Blame For Harming One Another?

The police respond to domestic violence calls after the fact. Typically, they do not witness any acts of violence. They are attempting to reconstruct what happened through interviews and on site physical evidence. The police do not want to leave the two parties that got into a physical conflict together, so it usually results in the arrest and removal of one of the individuals. It is a fact specific inquiry and every situation is different.

For more information on Assault & Family Violence Charges In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 364-0007 today.

FERTITTA & REYNAL

Call Now To Speak With An Attorney
(713) 364-0007