San Antonio Domestic Violence ATTORNEY

What is Domestic Violence?

The Texas Family Code defines domestic violence as any act by a family member that is intended to result in bodily harm, physical injury, or assault. Domestic violence also includes any threatening behavior that places a family member in fear of imminent harm. Domestic violence doesn’t have to be physical and can include verbal abuse, emotional abuse, sexual abuse, economic abuse, and mental abuse. Domestic violence is often perpetrated against a romantic or married partner, but it can also be committed against children or other relatives. Both men and women can be victims of domestic abuse.

Most domestic violence cases involve assault or bodily injury. Bodily injury is a Class A misdemeanor in normal circumstances. However, the assault can be charged as a felony if any of the following statements are true:

What Are the Potential Penalties of a Domestic Violence Conviction?

Domestic violence convictions are taken very seriously and can result in harsh penalties. If you are a first-time offender in Texas, you could receive a fine of multiple thousands of dollars and up to one year in jail. If you are a repeat offender, meaning you have a previous domestic violence conviction on your record, the charge is automatically upgraded to a third-degree felony. If you are convicted of a domestic violence felony, you can receive a prison sentence between two and ten years and a fine of up to $10,000.

Aggravated assault of a family member is a second-degree felony in Texas and carries penalties of a $10,000 fine and between two and 20 years in prison. If the assault involved the use of a weapon or caused serious bodily harm, it is classified as a first-degree felony. This conviction carries a $10,000 fine and between five and 99 years in prison.

While jail time and fines are real consequences you may face, the impacts of a criminal conviction don’t stop there. With a conviction on your criminal record, finding a job may be difficult, as many employers do not hire convicted criminals. Similarly, securing housing could be a challenge since you will likely not pass a background check with a conviction on your record. The impact on your personal reputation could also make maintaining relationships in your community difficult. If you are facing a domestic violence case, seek legal help right away by calling our law office.

How Does a Restraining Order Work?

Restraining orders and orders of protection are available for any domestic violence victim who feels like they are in danger. If you have a restraining order against you, you are ordered by the court to avoid any contact with that person, including text messages and phone calls. Any contact you make with a person who has a restraining order against you could be classified as stalking, intimidation, or harassment, so it is essential not to reach out to them. If there is a restraining order against you, contact to a domestic violence attorney on our team today to learn more about what you can and can’t do under these rules.