Domestic violence is a serious crime in Texas. It carries legal consequences and social ramifications. In Texas, a domestic violence case can encompass various forms of abuse, including physical, emotional, sexual, and psychological.
If you were arrested in connection with criminal charges of assaulting a family member, our law office can help you. At Tad Nelson & Associates, we’ve defended people charged with domestic violence offenses since the mid-1990s. We’re ready to help you. If you need a lawyer in Brazoria County, give us a call at 979-267-6081.
Texas Law & Domestic Violence
Texas law defines domestic violence as any act by one member of a household intended to cause physical harm, bodily injury, assault, or sexual assault against another household member. This definition extends to threats of imminent harm and any physical contact regarded as offensive.
The term “household” is broad, including individuals who are currently or were previously living together, regardless of their relationship status.
Potential Consequences
The repercussions of a domestic violence conviction can be severe. Penalties range from fines and community service to imprisonment. Beyond the immediate legal penalties, a conviction can result in a permanent criminal record, a negative economic impact, and might even impact any existing child custody arrangements.
If you’re in a situation like this, having the right lawyer on your side is the first step to putting yourself in a position to get this matter behind with the least amount of damage to your life.
You Still Have Rights!
An accusation of family violence doesn’t strip you of your legal rights. You’re presumed innocent until proven guilty.
This presumption of innocence is a cornerstone of our justice system. Every accused individual receives a fair trial. Furthermore, you have the right to remain silent, the right to an attorney, and the right to confront your accuser.
We’ll help you get this done in the most effective manner possible.
Key Legal Defenses
Self-Defense
One of the most common defenses against domestic violence charges is self-defense. If you acted to protect yourself from imminent harm, this can be a valid legal defense. Texas law acknowledges that individuals have the right to protect themselves when faced with immediate threats. Evidence supporting self-defense can significantly influence the outcome of your case.
False Allegations
Unfortunately, false allegations of domestic violence happen all the time.
Motives for such allegations can range from custody battles to personal vendettas. Proving the accusations are unfounded requires investigation and gathering witness testimonies, electronic communications, and other relevant evidence to put the odds of winning in your corner.
Lack of Evidence
In some cases, the prosecution may lack sufficient evidence to prove guilt beyond a reasonable doubt. The burden of proof lies with the prosecution, and if they cannot provide compelling evidence, the charges may be dismissed.
Accident
Not all injuries result from intentional harm. If the injury occurred accidentally, this could serve as a defense. Establishing that the incident was an accident rather than an intentional act of violence involves presenting evidence that supports your version of events. Witness statements or expert testimony can also be of great value.
Steps to Take if Accused
Seek Legal Counsel Immediately
The moment you’re accused of domestic violence, hire a lawyer. Securing legal representation should be your top priority. Our experienced attorneys can guide you through the legal process while protecting your rights and developing a defense strategy.
LEARN MORE: Strategies to Fight Domestic Violence Charges
Document Everything
Maintain detailed records of all interactions related to the accusations. This includes saving text messages, emails, and any other forms of communication that could support your defense. You may even need to screenshot social media updates.
Documenting your side of the story in a way that can be used as evidence can help us in court.
Avoid Contact with the So-Called “Victim”
While it might be challenging, especially in cases involving shared custody of children, it’s generally advisable to avoid contact with the accuser. Any communication could be used against you in court. Let your attorney handle all necessary communications to prevent any potential misunderstandings or further accusations.
Charged with Assaulting a Family Member?
Talk with Domestic Violence Lawyer Tad Nelson
The attorneys at Tad Nelson & Associates are committed to providing personalized legal defense services for you and your family. If you need our help, reach out to us at 979-267-6081 or visit our contact page to schedule a consultation.
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