Family Violence and Assaults are an area where Family Law and Criminal Law intersect. The outcome of your criminal charges can greatly impact the possibilities and outcome of your Family Law case (i.e. child custody and/or divorce case), and vice versa. Therefore, it is extremely important to obtain a lawyer who practices both in Family Law and in Criminal Law so that we can assist you in navigating these cases and advise you of how a decision in one case can impact the outcome of the other case so that you can obtain the most desirable outcome possible for both your family law case and your criminal law case.
We also understand that, unfortunately, sometimes Family Violence allegations are falsely made in order to gain leverage in a Family Law case. We know what signs to look for and how to use this information to protect your interests at Court. Further, we work to have the charges dismissed and minimize their effects on your Family Law case. In the criminal court, you are presumed innocent until proven guilty and we fight to preserve this innocence in your Family Law case as well.
According to Texas Family Code Section 71.004, Family Violence is an act by one family or household member against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the other in fear of imminent physical harm, bodily injury, assault, or sexual assault (but does not include a defensive measure to protect oneself). It does not require that the alleged perpetrator and victim reside in the same household currently or be related, but can be brought if there is a past or present marital or dating relationship. The physical contact does not have to result in an injury.
If you are fearful of your partner and believe you have been a victim of family violence you should contact your local police department immediately. If you have contacted them and they are unwilling to assist you, we may be able to help by seeking a Protective Order from the Family Law Court to protect yourself and your children. Contact us for a free consultation so we can discuss your options.
Under Texas Penal Code Section 22.01, assault occurs if a person intentionally, knowingly, or recklessly causes bodily injury to another or intentionally or knowingly threatens another with imminent bodily injury or causes physical contact with another when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative. The victim of assault can be any person, including a spouse or household member. This offense can lead to charges that range from a Class C Misdemeanor all the way up to a 2nd Degree Felony, depending on who the alleged victim is and prior convictions of the alleged perpetrator. It is important that you have an attorney on your side to assist you in defending against these charges so that your rights are protected. Call us at 817-424-3405 to schedule a consultation immediately.