Dealing With Domestic Violence

 Posted on November 14, 2022 in Family Violence

When it comes to domestic violence, shelters in Collin County providing temporary shelter and support services to victims, the Texas Health and Human Services Commission reports that Hope's Door New Beginning Center, Inc. and Texas Muslim Women’s Foundation in Plano are the only two. The state notes that services it offers to survivors of domestic violence include temporary 24-hour shelters, a 24-hour hotline, and legal assistance.

The state of Texas and the prosecutors who work for the state for it take domestic violence offenses seriously and try to get severe punishments imposed against alleged offenders in these cases, so you need to take your case seriously if you are facing allegations of any kind of crime of domestic violence. Prosecutors in these cases often paint alleged offenders in ways that can make them seem more hazardous than they actually are to try and secure convictions. With this in mind, you will want to be sure you have a criminal defense attorney on your side to defend you in court and fight to get charges reduced or dismissed.

Common Kinds of Domestic Violence Charges

Texas does not use the phrase domestic violence in state law but instead has a crime of family violence established under Texas Family Code § 71.004, and dating violence is defined under Texas Family Code § 71.0021. Many alleged crimes of domestic violence are common offenses under the Texas Penal Code that establish enhanced penalties for alleged victims who are related to alleged offenders by being family members, household members, or people involved in dating relationships.

In general, the four most common kinds of domestic violence offenses in state courts usually include:

• Domestic Assault — Under Texas Penal Code § 22.01, a person commits assault when they cause bodily injury to another person, threaten another person with bodily injury, or intentionally or knowingly cause physical contact with another person when they know or should know that another person will regard the contact as offensive or provocative. Whereas this is traditionally a Class A misdemeanor, the offense becomes a third-degree felony if the alleged victim had a dating relationship with an alleged offender or was their family or household member. A third-degree felony can become a second-degree felony if an alleged offense involved an alleged victim who had a dating relationship with an alleged offender or was their family or household member, the alleged offender having a prior domestic violence conviction, and the alleged offender impeding the normal breathing or circulation of blood through application of pressure to an alleged victim’s throat or neck or by blocking their nose or mouth.
• Aggravated Domestic Assault — An aggravated assault in Texas involves a simple assault crime being performed under Texas Penal Code § 22.01 and an alleged victim suffering serious bodily injury or the alleged offender using or exhibiting a deadly weapon during the commission of the alleged assault. This crime is a second-degree felony but becomes a first-degree felony if the alleged offender uses a deadly weapon, causes serious bodily injury, and the alleged victim had a dating relationship with an alleged offender or was their family or household member.
• Continuous Violence Against the Family — A person who commits two or more domestic assaults in 12 months can face these third-degree felony charges. 
• Violation of Protective Order — A person may be charged with violating a protective order under Texas Penal Code § 25.07 when they take certain prohibited actions, and the offense is usually a Class A misdemeanor but may be a third-degree felony when they have two or more prior violations or commit a stalking or assault offense against an alleged victim.

Contact a Frisco Domestic Violence Attorney 

If you or your loved one are currently facing domestic violence charges in Texas, you will want to make sure you retain legal counsel. You will want to speak to a Collin County domestic violence lawyer at Law Offices of Biederman & Burleson P.L.L.C. so you can understand all of your possible defense options. Our firm has nearly three decades of experience handling these types of cases. Call us at 469-333-3333 or contact us online for a free consultation and case review.

Sources:

https://www.hhs.texas.gov/services/safety/family-violence-program

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm#71.004

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm#71.0021

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.11