Domestic Violence Lawyer Located in Irving
Advocacy for the Accused in the Greater Dallas-Fort Worth Area
Family violence is a serious criminal offense that can occur in various forms, including as domestic assault and violations of a family protective order. If you have been accused of committing family violence, contact an attorney immediately to discuss your defense options. Beyond jail time and fines, you may also lose your child custody privileges and right to possess a firearm.
Kelley Legal represents residents throughout the Irving, TX area who have been accused of family violence. Attorney Erin provides efficient and effective legal advocacy and strive to maintain consistent communication with you so that she can address all your concerns at every step of your case. Domestic violence is a serious allegation, and she will do her best to fight against your charges and protect your rights as a defendant.
Schedule a free initial consultation with Kelley Legal to get started today.
What Constitutes a Crime of Family Violence?
According to Texas law, family violence includes any of the following actions:
- An act by a family or household member against another that threatens them or causes them physical harm, including assault or sexual assault
- Child abuse involving a family or household member
- Dating violence
A “family or household member” can be a:
- Current or former spouse
- Co-parent
- Foster child and parent
- Relative by blood, marriage, or adoption
- Current or former co-habitant
- Current or former dating or romantic partner
Any of the above offenses committed against a family or household member can be charged as a family violence crime. Common examples of family violence offenses include domestic assault, continuous violence against family, violations of protective orders, and stalking.
Penalties and Sentencing for Family Violence
Family violence is penalized based on the specific offense.
For example, domestic assault, or assault committed against a family or household member, can be charged as either a:
- Class C or Class A misdemeanor: Class C misdemeanor punishable by up to $500 in fines if the assault involves threats of harm or provocative or offensive contact; Class A misdemeanor punishable by up to one year in jail and $4,000 in fines if the alleged victim suffers bodily injury
- Third-degree felony: Third-degree felony punishable by two to 10 years in prison and $10,000 in fines if the assault involves injury and the defendant has prior convictions, or the offense involved strangulation or suffocation
The offense becomes aggravated domestic assault if the assault causes serious bodily injury to another or involves the use or exhibition of a deadly weapon. Aggravated domestic assault is a second-degree felony punishable by two to 20 years in prison and $10,000 in fines. If the offense involved the use of a deadly weapon, it is a first-degree felony punishable by five to 99 years or life in prison and a $10,000 fine.
Continuous violence against family is when a person commits two or more domestic assaults within 12 months, regardless of whether the alleged victim is the same person and whether or not the offender was arrested or convicted. Continuous family violence is a third-degree felony punishable two to 10 years in prison and a $10,000 fine.
Violating a family protective order, such as by contacting the victim despite a no-contact order, is a Class A misdemeanor punishable by up to one year in jail and $4,000 in fines. If the defendant has two or more prior convictions, the charge could escalate to a third-degree felony punishable by two to 10 years in prison and a $10,000 fine.
All convictions for a family violence offense will also require the defendant to relinquish their right to possess firearms for life.
If you are facing domestic violence allegations, reach out to an experienced defense lawyer immediately to discuss your next steps. Law enforcement has the right to arrest you without a warrant if there is probable cause to believe you committed a crime of family violence. However, Texas does not require a mandatory arrest for family violence calls.
The first thing you should do if you have been arrested for or accused of domestic violence is contact an attorney to represent you. Kelley Legal will strategize an effective defense based on your unique situation and help you combat the charges against you. Let Erin protect your rights in the face of a harsh criminal justice system.
Contact Kelley Legal for more information on your defense options. Attorney Erin will do her best to fight against your domestic violence accusations.
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