No close family relationships are exempt from periods of turbulence — angry words or shouts, slammed doors, one person leaving the home in a huff, intimates refusing to speak to one another. When arguments or misunderstandings escalate into violence or threats of violence, however, or when one party abuses the other (with or without provocation), the domestic situation becomes a crime. In Texas, the alleged offender can be charged with Assault Family Violence, often referred to as domestic violence or domestic abuse.
If you have been accused of, or charged with, this offense, it is critical that you consult with a knowledgeable criminal defense attorney because a conviction for this crime will not only result in harsh legal penalties and a damaged reputation, it will also remain on your record for the remainder of your life. If you reside in Houston or the surrounding area, you should reach out to Ceja Law Firm PLLC, a premier criminal defense practice.
If you have been arrested for domestic violence, you probably feel emotionally destabilized, confused about how to proceed, and frightened about your future. The sudden realization that your close relationships, your finances, and your freedom may all be in jeopardy turns your life upside down. Fortunately for you, our lead attorney, Jose Ceja, has been recognized as a “Top 100 Trial Lawyer” by the National Trial Lawyers Association and has earned a perfect 10.0 rating by Avvo. He is eminently qualified to guide you through the criminal justice system and provide you with the very best outcome.
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Among the tasks he will take over for you are: translating legalese into understandable terms, filing all necessary paperwork in a timely fashion, being available and responsive when you have questions or concerns, examining pertinent police records, interviewing witnesses, and, most importantly, making all necessary court appearances and defending you forcefully during trial. From the beginning, he will work diligently to get the charges against you dismissed by skillfully negotiating with the prosecution. If your case goes to court, he will commit himself to use all his legal prowess to win you an acquittal.
While the term “domestic violence” usually brings to mind a situation involving a husband and wife, in fact, a domestic violence charge can be initiated by any one of the following:
Texas recognizes three types of domestic violence: domestic assault, aggravated domestic assault and continuous violence against the family. If the defendant is convicted of more than one incident of violence during 1 year, he or she will be charged with continuous family violence. Aggravated assault typically means there is a lethal weapon involved.
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There needn’t be an actual physical assault for an individual to be charged with domestic violence in Texas. The following may lead to arrest:
In fact, committing any action that puts the plaintiff in fear of his or her life or well-being is considered cause for arrest and prosecution.
There are, of course, also extenuating circumstances that may lighten the charges. You can be sure that Mr. Ceja will study the specifics of your case thoroughly and develop a strategy that puts you in the best possible light, using defense tactics that have earned him his well-deserved reputation as a tough, successful litigator.
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Penalties for domestic violence differ from state to state. In Texas, such penalties vary on a case-by-case basis. At one end of the spectrum, we have a threat of bodily injury — a Class C misdemeanor punishable by a $500 fine. At the other, we have an assault with a deadly weapon — a first-degree felony. This offense can result in a $10, 000 fine and as many as 99 years in state prison.
Depending on the nature of the offense, if convicted of domestic violence you may also be required to pay court costs, probations costs and costs for a domestic violence shelter. You may also have to pay for court-ordered counseling for yourself and the plaintiff.
If you are charged with family violence, a protective order may be filed against you, meaning that you will be prohibited from contacting the complainant and from going too close to his or her home or workplace. You should be aware that if you fail to obey a protective order, your bond could be revoked and you could be taken back into custody.
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At Ceja Law, we take the principle that you are innocent until proven guilty. Mr. Ceja will fight doggedly to defend you, using tried and true defenses or innovative ones created for your particular case. Some possible defenses for domestic violence are:
Whatever defense Mr. Ceja uses, you can trust that it will be the most effective one for your particular case. As an accomplished domestic violence attorney, he knows precisely which legal tool to use and when. He is as dedicated as he is capable. If you have been arrested for domestic violence, be proactive: contact Ceja Law. The sooner Jose Ceja is on the case, the safer you will be. Get in touch with us as soon as possible so we can begin by filling out thecontact formor giving us call for a FREE consultation.Police are called in Texas to handle domestic violence situations. They typically arrest someone and take that person out of the environment to diffuse the situation. It doesn’t matter who called the police. An arrest is likely to take place. The Houston assault lawyers of Lisa Shapiro Strauss Attorney at Law can help. Contact our Houston domestic violence lawyer for a free initial consultation. Our law firm represent clients that are accused of domestic violence.
Under State Law, if you are convicted of one assault family violence charge, your second charge may be filed as a third-degree felony. If you were arrested for domestic violence, it doesn’t always mean you have committed a crime.
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Domestic Violence does not have a specific statute under Texas law.These charges often involve offenses that are listed under Title 5, Chapter 22 of the Texas Penal Code.One of the definitions of assault in Sec. 22.01 states that assault is when (a)A person commits an offense if the person:
Under Texas law, a person convicted of assault may also be ordered to pay restitution to the victim. This is a form of compensation that intends to pay back medical bills, damaged property, etc. that were payed by the victim due to the assault.
These penalties can dramatically affect the course of your life if you are convicted of this crime. There are lasting effects after your prison sentence is completed and your fines are paid. A conviction can stop you from having access to your children in a custody case, make it difficult tofind a job, get an approval for credit, etc.A domestic violence conviction in Houston can have severe consequences. Contact our law firm today.
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OurHouston domestic violence defense lawyer was a prosecutor who understands how to protect your rights. She was trained by prosecutors who handled family violence and domestic abuse cases. Lisa also knows that cases that have family members are very sensitive. She uses all of her resources to investigate what happened and figure out the best course of action of defending clients.
As a dedicated Houston domestic violence attorney, she understands how these charges can affect your reputation.False allegations and false accusations are becoming common in divorce proceedings to try to get an advantage for child custody. Ms. Strauss’ law firm’s experience handling these cases helps her to show the truth of what happened in your situation. She has years of skill arguing with prosecutors for clients who have prior criminal histories to protect their rights.
Just one episode of domestic violence establishes a “history” of violence and can greatly impact the results of a custody battle. Ongoing domestic violence may be addressed with a protective order. This makes visitation or any custody rights very hard for the convicted person. Read more about how domestic violence conditions affect child custody in Texas.
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The above factors, the influence of the court, and an assault on family member attorney will dictate if a victim can drop charges in a case of assault on family member. Read more about if a victim can drop charges for assault on a family member in Houston. Contact our experienced Houston domestic violence attorney today to learn about domestic violence laws.
After a person is arrested for suspected domestic violence in Texas, an “emergency protective order” is usually issued after charges are made in arraignment. This order may:
Usually, non-threatening contact is still allowed unless a “no contact” order is made by the magistrate. This depends on the charges and the situation in the domestic violence case. Read more about if you can return home after a domestic violence charge in Houston.
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A person can be charged with felony continuous family violence in Texas if they are accused of committing assault against a family member two or more times. A few things to note about these types of charges:
It absolutely can. If you are subject to a Family Violence Protective Order, the right to possess firearms will be taken away, and the only way to get your rights to
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