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San Antonio Domestic Violence Lawyer

Protecting Your Rights and Your Future

Under Texas law, threats of domestic abuse or family violence are taken very seriously. Even the accusation of domestic violence has the potential to ruin your reputation and put a strain on your professional and personal relationships. A domestic violence conviction could lead to expensive fines, loss of child custody, and even jail time.

If you are facing domestic violence or assault allegations, working with a domestic violence defense lawyer is the only way to protect your freedom and defend your rights. Many domestic violence cases happen because of misunderstandings or exaggerated claims. You deserve to have your side of the story heard to avoid criminal penalties.

The Hicks Law Firm is here to protect you from domestic violence charges. For more information and to receive a free 20-minute initial consultation, call today at 210-985-8330.

How Does Texas Define Domestic Violence?

Texas defines domestic violence in Chapter 71 of the Texas Family Code. Family violence and dating violence are both included in its definition.

Family violence is any act that is meant to result in assault, sexual assault, physical harm, or bodily injury. It can also include threatening any of those acts.

Family violence is committed against a family or household member, which can include:

  • Husband or wife
  • Brother or sister
  • Ex-husband or ex-wife
  • Mother or father
  • Foster parent
  • Foster child

Dating violence includes the same types of actions but is limited to those with a dating or romantic relationship. It can include spouses, boyfriends and girlfriends, or ex-partners.

What Are the Most Common Charges in Domestic Assault Cases?

Domestic violence and assault include a wide range of criminal charges. Depending on the circumstances of your detainment or arrest, you may face one or multiple charges.

The most common charges in a domestic assault case include:

Domestic Assault

Domestic assault is intentionally and knowingly causing injury to another person. It can also include threatening to cause physical harm to another person who lives in your household or who you are dating.

Most domestic assault cases are classified as Class A misdemeanors. However, a second offense can be labeled a third-degree felony. Causing serious bodily injury or using a deadly weapon may lead to aggravated assault charges, resulting in further penalties.

Injury to a Child

Causing injury to a child younger than 14 years old is a serious offense, and individuals could face first-degree or second-degree felonies. Any type of injury caused by negligence is also a felony.

Assault by Strangulation

Applying pressure to the neck or throat during an assault will likely result in increased penalties. Similarly, covering someone’s mouth or nose during an assault can be classified as strangulation. Assault by strangulation is automatically classified as a felony charge.

Terroristic Threats

Making a terroristic threat means intentionally making someone else fear for their life or be in fear of serious bodily harm. Making threats against a family member or a person you are dating is a Class A misdemeanor.

Child Endangerment or Abandonment

Exposing children under 15 to unreasonable harm is a crime under the law. Similarly, placing any child in immediate danger can lead to criminal charges. The consequences for child endangerment and abandonment can range from low-level felonies to second-degree felonies.

Stalking

Acting in a way that makes the alleged victim feel threatened more than once is defined as stalking. Threats can include the victim’s safety, property, or life. Stalking is a third-degree felony.

Interference With an Emergency Telephone Call

Preventing someone from calling emergency services is a Class A misdemeanor. This charge often arises when a defendant attempts to stop the alleged victim from calling the police.

What is a Protective Order?

A protective order is something that victims of domestic violence or assault can request from the court. After accusations of domestic assault, the accuser can request an emergency protective order without a court hearing. In most cases, these protective orders are valid for 90 days, after which there will be a court hearing.

A protective order will likely mean the following:

  • You must move out of your home and cannot enter it
  • You cannot communicate with the alleged victim
  • You cannot go anywhere near the victim, including to their work or school
  • Any community property is split or awarded to your spouse
  • You cannot sell property
  • You cannot own or operate firearms

Violating a protective order will lead to further criminal charges that can impact your existing criminal case. If you have a protective order against you, reach out today for assistance.

How Do You Defend Against Domestic Violence Charges?

Even a mere allegation of domestic violence can have a huge impact on your life. Fortunately, by working with an experienced attorney, you can defend yourself in your domestic violence case.

There are many ways to defend against domestic violence charges, including:

  • Lack of evidence
  • False allegations
  • Self-defense
  • Defense of property
  • Lack of intent
  • Insufficient evidence of injury
  • Lack of corroborating witnesses

What Can a Defense Lawyer Do for You?

Domestic violence allegations can lead to fines, probation, jail time, and more. Working with a criminal defense attorney is the only way to protect yourself in and out of court for the best chance of reducing or removing your charges.

If you have been accused of domestic violence or domestic assault, don’t hesitate to contact our law firm today. We will create a legal defense strategy that meets your needs and protects your rights throughout your entire case. Contact The Hicks Law Firm by calling 210-985-8330 today for a free consultation.