Who can accuse someone of domestic violence in Texas?

As is indicated by the name “domestic violence,” domestic violence crimes are assaults/acts of violence perpetrated by one family member against another. That said, who counts as a “family member” may surprise you.

Texas law stipulates that domestic violence can be committed against a current (legal) family member, a member of a person’s household, or a current-or-past significant other. This list includes:

A family member (by marriage, blood, or adoption)

• Current and past spouses
• Current and past individuals whom the alleged offender dated or with whom the alleged offender had a dating relationship
• Someone with whom the alleged offender has a had a child
• Someone with whom the alleged offender lives
• Foster children and foster parents of the alleged offender
• What constitutes domestic violence in Texas?

There are different classifications for what constitutes a domestic violence crime in Texas: domestic assault, aggravated domestic assault, and continuous violence against the family.

What are the penalties for a domestic violence conviction in Texas?

Depending on the alleged conduct, penalties for domestic violence convictions can vary from a Class A misdemeanor to a 1st-degree felony.

Domestic assault:

Domestic assault occurs when a family member intentionally, knowingly, or recklessly causes or threatens bodily injury to another family member.

A first-time domestic assault is tried as a Class A misdemeanor, which is punishable by up to one year in prison, $4,000 in fines, or both. A second-time domestic assault can be tried as a 3rd-degree felony, which carries penalties of 2-10 years in prison and up to $10,000 in fines.

Aggravated domestic assault:

Aggravated domestic assault when serious bodily injury is involved, or if the assault or threat of assault was committed while using or exhibiting a deadly weapon.

An aggravated domestic assault conviction carries the penalties of a 2nd-degree felony (2-20 years in prison, up to $10,000 in fines) unless a deadly weapon was used, in which case the charge is bumped up to a 1st-degree felony (5-99 years in prison, up to $10,000 in fines).

Continuous violence against the family:

Continuous violence against the family charges are possible when an individual has committed 2 or more accounts of domestic abuse within the span of 2 months. The two accounts do not need to be concurrent, and continuous violence charges may apply even if prior charges did not result in a conviction.

A continued violence against the family conviction is tried as a 3rd-degree felony (2-10 years in prison, up to $10,000 in fines).

Additional penalties and options:

If convicted of domestic violence, you may be required to pay restitution (compensation for losses suffered) which may include the victim’s medical expenses, counseling, and expenses for fixing or replacing damaged property.

In some cases, defendants may wish to choose deferred adjudication instead of risking a trial, etc.

No case is too complex for our legal team to handle and we are ready to investigate whatever is necessary to obtain evidence that can be used as leverage against the prosecution or law enforcement.

Our Results

Why should I bother hiring a domestic violence lawyer?

Many, many people are falsely accused of domestic violence in Texas every year. A sizeable number of these accusations are simply false and brought to gain some sort of advantage through divorce court. If the allegations are legitimate, then the district attorney still has the right to proceed even if your accuser decides to drop their charges against you and you object.

That means that with laws like Continuous Violence Against the Family, a few small mistakes can land you with a felony charge on your record. And any experienced domestic abuse lawyer can tell you, the penalties for domestic violence—fines, jail time, forced loss of contact with your children, loss of your right to bear arms, and a permanent criminal record—are steep and unforgiving.

Why Hire Sellers Law Firm

If you’ve been charged with domestic violence, you want to make sure to find the best domestic violence lawyer for you. Not all lawyers have the same level of experience or the same amount of success in and out of the courtroom.

Meanwhile, false accusations of domestic assault can permanently alter your life, and those accused often feel as though they’re presumed guilty before they’ve even had their day in court. That’s why it’s vital to work with a seasoned team capable of crafting quality, fair defense.

See why our team delivers strong results and quality defense to our clients accused of assault:

Trial-tested strategies
Many lawyers claim to offer aggressive defense despite never having been to court. Our domestic violence lawyers have fought and won at trial, and know what it takes to present your case effectively to a jury.

Collaboration with an in-house investigator
We don’t just fight the allegations; working with our own investigator, we search for the full truth to help you build the strongest case possible against allegations of domestic violence.

Tailored service from a focused team
We deliberately keep our case-load small so that we can dedicate our time and efforts toward you and your case.

Sellers Law Firm Attorneys: The domestic violence defense lawyers you need

Hiring a quality domestic abuse attorney increases your chances of avoiding or reducing severe penalties. The lawyers of Sellers Law Firm Attorneys understand what’s at stake for you during a domestic violence case. You can depend on our team to build a strong defense and do everything we can to ensure the more desirable outcome for your case.

You only get one shot at this. Don’t risk your freedoms on cheap or inexperienced representation. If you’ve been charged with domestic abuse of any sort, contact Sellers Law Firm online or call us at 817-345-7978 today.