Austin Family Violence Defense Attorneys

When tempers flare during an argument with a spouse, romantic partner or a family member, it doesn’t take much to find yourself facing domestic crimes or assault charges for family violence. The attorneys at our criminal defense law firm in Austin, Hildreth & Rueda, have decades of combined experience. They represent clients in central Texas accused of assault crimes, including domestic violence and family violence crimes.

An Overview of Texas’ Family Violence Law

In Texas, family violence involves an assault against a family member, household member, or someone you are dating or used to date. This type of violence differs from a typical assault charge due to the relationship between the people involved. Keep in mind that nobody has to suffer bodily injury for you to get charged. You can also face a domestic violence charge for allegedly threatening someone with harm, or for physical contact that is meant to provoke or offend.

Charges for family violence can vary. They range from a Class C misdemeanor to a first-degree felony. A Class C misdemeanor is a fairly low-level charge that might result in a fine. On the other end, a first-degree felony is the highest level of charge in Texas law. A conviction can lead to five to 99 years in prison and a fine up to $10,000. If you are accused of knowingly or recklessly causing bodily injury, you might face a “Class A” misdemeanor. However, Texas law has exceptions. The specifics of the situation, the victim, and the violence can change the charge, either increasing or decreasing the penalty.

The severity of the charge in a domestic violence case depends on several factors, including the defendant’s relationship with the victim, whether the defendant has a history of past domestic violence convictions, and whether certain actions like suffocation or strangulation occurred.

Defending against a family violence charge often involves invoking a specific defense to explain that the defendant’s actions were not criminal. Some defenses available to someone charged with domestic violence in Austin include:

• The act was unintentional or a mistake
• Lack of knowledge of causing harm
• Showing that evidence does not support proof beyond a reasonable doubt that the alleged offense occurred
• Self-defense

Each case is unique, and the right defense depends on the details of the incident. At Hildreth & Rueda, we are committed to providing informed and dedicated representation to those facing family violence charges in Austin.

Different Types Of Domestic Assault Crimes

In the state of Texas, if an assault crime involves a family member or family violence, prosecutors can file charges under the specific domestic violence crimes. The specific domestic violence crimes include:

• Domestic assault: the threat of or an act of violence against a spouse or romantic partner who has, or previously had, an intimate relationship with the defendant
• Aggravated domestic assault: when the victim suffered from serious bodily injury or the assault included a deadly weapon
• Continuous violence: when the defendant has a previous record of domestic assault arrests

To be charged with continuance violence, the arrests for domestic violence don’t necessarily need to be successful convictions. When an assault victim is someone who has a family or romantic relationship with the accused, prosecutors may choose to file charges under the state’s domestic violence laws. While some domestic violence charges are misdemeanors, prior convictions for the same crimes can result in serious consequences.

Penalties For Domestic Violence In Texas

In Texas, being convicted of domestic violence carries serious penalties that reflect the state’s stringent stance on these offenses. The consequences not only involve immediate legal penalties but can also have lasting effects on various aspects of life.

Time behind bars and fines

The severity of the penalties for a domestic violence conviction depends on the nature of the charge. A standard domestic assault, usually a misdemeanor, can result in up to a year in jail and fines reaching $4,000. More severe cases, such as aggravated domestic assault, are considered felonies. These can lead to prison sentences ranging from two to 20 years or more, along with fines of up to $10,000. Continuous violence against a family member typically results in a third-degree felony, with penalties of two to 20 years in prison and fines up to $10,000.

Punishments outside of jail

A conviction can also lead to nonincarceration punishments like probation, which includes conditions like regular check-ins with a probation officer and mandatory participation in programs like anger management classes. Probation can also enforce no-contact orders with the victim, adding another layer of legal responsibility.

Protective Orders and Their Implications

Courts often issue protective orders in domestic violence cases to protect victims. These orders can include restrictions like prohibiting the offender from approaching the victim’s home or workplace and barring the possession of firearms. Violating these orders can result in additional criminal charges and further penalties, including jail time. Domestic violence charges have wide-reaching impacts, affecting your parental rights, right to possess firearms, employment and housing.

Long-Term Consequences

Beyond the direct penalties that the judge hands down, a domestic violence conviction can significantly affect long-term prospects. Child custody arrangements are often influenced, with courts weighing a history of family violence heavily. This can lead to you losing your parenting time rights or having them heavily restricted.

Also, your future job opportunities could be affected. A conviction can hinder job prospects, especially in positions requiring trust or interaction with vulnerable groups. Similarly, landlords often conduct background checks, and a domestic assault conviction on your record can complicate finding a place to rent or qualifying for public housing.

What Are Family Violence Crimes?

Family members have been defined as past or present romantic partners, married or not, family members of a partner, roommates or other unrelated dependents. Family violence can include a number of criminal offenses, including:

• Physical assault
• Threats of violence
• Animal abuse
• Damage to property
• Stalking

Being accused of a family violence or domestic violence crime can come with serious consequences that go beyond penalties and jail time. Visitation and custody matters can get complicated when there are accusations of domestic violence.

Texas Family Violence FAQ

Have you been accused of domestic violence? Do you have questions about the law and implications of a guilty plea or conviction? Here are answers to some of our clients’ most frequently asked questions:

Will a conviction impact my right to own a firearm?

It depends on the level of charge against you. A Class A misdemeanor-level domestic violence charge can result in losing your right to own or possess firearms for up to five years after being released from incarceration or supervised release, though there are exceptions. Separately, a protective order against you could prohibit you from owning or possessing a gun.

Could a conviction or guilty plea affect my career?

Many employers in Austin perform background checks on possible new hires. A conviction for family violence on your record could prevent you from getting a new job, especially if the job requires a security clearance. This is an example of why pleading guilty to a domestic violence charge does not make it “go away.” Even if the plea deal keeps you out of jail, there could be long-term consequences affecting your income and life that you need to consider.

Do the police have to arrest someone if there is a domestic violence complaint?

The law does not require police to make an arrest when they respond to a domestic violence call. They are only supposed to arrest someone if they have probable cause to believe someone committed domestic assault, based on things like physical evidence at the scene, injuries to the victim or an eyewitness’ account. Lack of probable cause to arrest you could be an issue your lawyer will bring up to challenge the charges.

Defending Against A Protective Order

In the state of Texas, victims of domestic or family violence can file for a protective order. If the court grants a protective order, depending on its terms, the respondent will not be allowed to have contact with the alleged victim. If a protective order has been filed against you, it is important to seek the advice and counsel of an experienced criminal defense attorney. Protective orders may restrict your rights and future violations of any protective order can have serious consequences.

Our attorneys are trial-tested because we regularly take family violence cases to court. We know how important the outcome of these cases can be for your life. We pay close attention to your concerns and work closely with you to find the path forward that is right for you. You are going through a difficult situation, and the last thing you need is judgment from your attorney. Instead, you deserve a defense attorney who will work hard to help you get through this as efficiently and reasonably as possible.

Accused Of A Family Violence Crime? Call Now.

At Hildreth & Rueda, we offer a free, initial consultation appointment. We want to listen to your side of the story and better explain how we can help defend you against the accusations you are facing. You can schedule your free appointment by calling our Austin office at 512-415-7648 or sending us an email through our website.