WHAT CONSTITUTES DOMESTIC VIOLENCE IN TEXAS?
Texas Penal Code Section 71.004 defines domestic or family violence as any sort of action that is between members of a family, roommates, spouses or someone else living in a household together that is intended to cause some kind of harm. Whether this harm is emotional, physical, or verbal, these actions are seen as violent and abrasive. Actions of self-defense are not considered domestic violence. This same penal code also addresses alleged instances of child abuse or dating violence. In short, if you have caused bodily injury or harm to another family or household member, you have incited fear of impending bodily injury against a family or household member, or you committed an assault or sexual assault against a family or household member, you could be arrested and charged with domestic violence.
It is important to know that police officers in Collin County are not required by law to have directly witnessed the act of violence before they can place an individual under arrest and charge him or her with domestic violence. An accusation by a family or household member against you, or what appears to be evidence of an attack (such as cuts, bruises and lacerations) may be sufficient grounds to warrant your arrest. Due to this fact, there have been numerous instances in which innocent individuals have been taken into custody after being falsely accused of domestic violence. A vengeful spouse, a vindictive teenager, or any person who is intent on harming you through accusing you of acts of violence, could all lead to an arrest for a domestic violence crime, and the need to seek legal counsel to defend yourself.
If you have been arrested or charged with domestic violence, we strongly advise you contact Hamilton Grant PC and retain defense counsel from an experienced Collin County criminal defense attorney immediately. Our firm has years of experience defending the rights of those charged with criminal offenses in the Collin County area. We have received numerous recognitions, awards and accolades, including our lead attorney receiving an AV® Preeiminent™ rating from Martindale-Hubbell®, and being listed in Texas’ Super Lawyers® in both 2011 and 2012. We are committed to our clients and we work hard to protect their rights. To find out how we may be able to help provide you with an aggressive defense against domestic violence charges, contact our firm now.