What you need to know when arrested for Family Violence Charges in Texas.

What you need to know when arrested for Family Violence Charges in Texas. 

Today we are going to talk about family violence arrests and the penalties or punishments that go along with them.  Texas state law defines family violence as an act by a family or household member, against another family or household member with the intent to inflict harm. Intent can be established by a mere threat if it reasonably places the member in fear of imminent harm.  

A family member includes anyone who is related by blood, a current or former spouse, a dating partner, or a co-parent of the same child. A household member includes anyone living together in the same dwelling, regardless of relation. 

Family violence is defined so broadly that it is easy to imagine how a mere disagreement between two family or household members could end with someone leaving the house in handcuffs, and with a life-disrupting criminal case.   

Accusation 

In this section, we are going to discuss the punishments if you are simply accused of family violence.  

Arrest 

If the police are called to your home and an allegation or accusation of family violence has been made, you will be arrested. If you are not at home when the police arrive, the officer will issue a warrant for your arrest. The state of Texas takes family violence accusations very seriously, largely due to the public safety concern and law enforcement is trained to err on the side of caution. This erring can be detrimental for the accused, as even if it is a false accusation, you will go to jail. Being booked into jail is an overwhelming experience – marked by feelings of fear, confusion, anger, embarrassment, and even shame. Many people feel violated, powerless, and great anxiety over what comes next.  

Emergency Protective Orders 

After an arrest, an emergency protective order (EPO) can be put in place by a number of different people: the accuser, the police, or the judge or magistrate. Many of our clients don’t realize that an EPO may be put in place even if the complaining party does not want one. If an EPO is issued, it is important for you to keep a copy of the order because it will specify the duration of the protective order as well as the actions you are prohibited from. For example, you may not be able to return home once you're released from jail. 

Impact on Divorce or Custody Proceedings  

An EPO issued against you can seriously impact any related divorce or custody proceedings. An allegation can affect both the negotiations of property division within a divorce setting, but also, the spouse who claims to have been harmed can increase the amount of support that they're entitled to in the divorce.  

It is an unfortunate statistic, but we have found that many times false accusations of family violence are made during acrimonious divorces. Too often, a disgruntled spouse will use the system as a tactic to control custody or visitation with children.  

The Legal Process After Being Accused of Family Violence 

Being dragged through the criminal legal system is complex and daunting. Oftentimes, people think that they can simply get the case dropped and return to normalcy, but that is typically never the case. When it comes to a family violence case, you have no control of getting the case dropped, even if you have an affidavit of non-prosecution from the complaining party. The district attorney's office and the police department can - and often will - move forward on prosecuting the case without the complaining party’s cooperation. This leaves the accused with needing counsel to guide them through the complex process of their criminal case. 

The sooner you hire an attorney the better. In our experience, we have seen great success with fighting these cases at the early stages, long before the detective files the case with the district attorney’s office. In those instances, the detective chose to not file the case and the case is over before it begins. We have also been successful in fighting felony cases at the grand jury stage. Every felony case has to be indicted in order to move forward. If the grand jury decides not to indict, then the case is dismissed. 

Conviction, After a person is convicted of family violence, the punishments and penalties are severe. 

In the state of Texas, there are three types of family violence cases: assault family violence, aggravated assault family violence, and continuous violence against the family. Each type has its own classification and penalties associated with it. 

Click here for the full list of offenses and their penalties: https://www.texasattorneygeneral.gov/sites/default/files/files/divisions/criminal-justice/PenalCode-Offenses-byRange.pdf  

Family Violence 

Family violence, also commonly referred to as domestic violence or domestic assault, is a criminal offense in Texas that involves an act of violence or threatened violence against a family member, household member, or intimate partner. This can include physical harm, threats of harm, or other abusive behaviors.  

Under Texas law, family violence is classified into different levels depending on the severity of the offense and the circumstances surrounding the incident. The classifications are: 

• Class C Misdemeanor: Assault by Threat or Offensive Contact is considered a Class C misdemeanor if it involves offensive physical contact, such as hitting or pushing, and no injuries result, or involves a threat of imminent bodily injury. A Class C misdemeanor is punishable by a fine of up to $500. 

• Class A Misdemeanor: Assault Causing Bodily Injury Family Violence is classified as a Class A misdemeanor if it involves bodily injury or the use of a weapon, and if the victim is a family or household member, or an intimate partner. This offense is punishable by up to one year in jail and a fine of up to $4,000. 

• Third-Degree Felony: Assault Family or Household Member – Impeding Breath or Circulation is considered a third-degree felony if it involves choking, strangulation, or if the victim is a family or household member, or an intimate partner who is pregnant. A third-degree felony is punishable by up to 10 years in prison and a fine of up to $10,000. 

It is also important to note that a no contest plea or a conviction for misdemeanor assault family violence can be used to enhance a subsequent family violence offense to a third-degree felony. An affirmative finding of family violence on even a Class C Misdemeanor allows the State to file the subsequent case as a felony. 

Aggravated Assault Family Violence 

Aggravated assault family violence is a serious criminal offense that occurs when a person commits assault against a family or household member, or an intimate partner, and causes serious bodily injury or uses a deadly weapon during the commission of the assault. 

Under Texas law, aggravated assault family violence is classified into different levels depending on the severity of the offense and the circumstances surrounding the incident. The classifications are: 

• Second-Degree Felony: Aggravated assault family violence is considered a second-degree felony if it involves causing serious bodily injury to a family or household member, or an intimate partner, with a deadly weapon. This offense is punishable by a prison sentence ranging from two to twenty years and a fine of up to $10,000. 

• First-Degree Felony: Aggravated assault family violence is classified as a first-degree felony if it involves causing serious bodily injury to a family or household member, or an intimate partner, with a deadly weapon and the offense is committed in the presence of a child under the age of 15 years old. This offense is punishable by a prison sentence ranging from five to 99 years or life imprisonment and a fine of up to $10,000.  

Continuous Violence Against the Family 

Continuous Violence Against the Family (CVA) is a criminal offense in Texas that involves committing two or more acts of family violence against a family or household member, or an intimate partner within a 12-month period. The acts of violence can be physical, verbal, or emotional. 

Under Texas law, CVA is considered a third-degree felony and is punishable by a prison sentence ranging from two to ten years and a fine of up to $10,000. If the CVA offense is committed with a deadly weapon, it is classified as a second-degree felony, punishable by a prison sentence ranging from two to twenty years and a fine of up to $10,000. 

To prove CVA, the prosecutor must show that the accused committed two or more family violence offenses against the same victim within a 12-month period. It is important to note that the offenses do not need to be identical or involve the same type of violence. 

Criminal Record 

A criminal record is a formal record consisting of a person’s criminal history kept by law enforcement agencies, courts, and online databases. It contains information about an individual's previous criminal charges, including the nature of the offense, the date of the offense, convictions, and any associated penalties or sentences. Criminal records are often used by employers, landlords, and other entities to evaluate a person's suitability for certain positions or opportunities.  

As it relates to your criminal record, an affirmative finding of family violence contains different and more significant consequences than other crimes. With many criminal offenses, charges can be non-disclosed or expunged, if you fulfill a diversion program or a deferred adjudication. However, with an affirmative finding of family violence, the sealing or destroying of records are not an option and the charge will remain on your record forever.  

Daily Life Consequences 

When you have an affirmative finding of family violence, so many aspects of your life can change. Depending upon the finding, you may not be permitted to own or possess a gun for the rest of your life. You cannot obtain a hunting or fishing license in Texas. You could be denied housing because of your criminal record. You may be unable to foster or adopt children. Your options and opportunities will be drastically lessened.  

Professional Consequences  

In addition to the consequences to your daily life, these consequences can be quite devastating to your professional life. You could lose your current job and any professional licenses. Additionally, this can impact future employment prospects, specifically with public service positions and law enforcement.  

If you are unemployed, you should also know that a family violence conviction could impact your ability to find work because the family violence case will show up on most background checks and some employers may refuse to hire an individual because of a conviction. 

Potential Future Consequences 

We mentioned earlier that an accusation of family violence can have an impact on any current divorce and custody proceedings, but it is important to note that an affirmative finding of family violence can also affect any future divorce and custody proceedings. This means that the affirmative finding can even affect your standing with your future children.  Affirmative findings of family violence never go away. 

If you are facing a situation involving family violence right now, we understand this is a scary and difficult time. It is important that you know that now is the time to take action. Pick up the phone and give the attorneys at M|C Criminal Law a call today. We are happy to sit with you, discuss your situation, and outline possible strategies as well as solutions on where you go from here.