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Secrets of the Texas Criminal Justice System and Your Rights
Domestic violence encompasses a number of different offenses and penalties. Whether the circumstances of the case involve violence between family members, child abuse, elder abuse, or a fight between roommates, domestic violence charges may result.
If you are facing domestic violence allegations, you should consider your legal options. With the assistance of a Plainview domestic violence lawyer, you could explore every legal option at your disposal to pursue the preservation of your freedom and rights.
Enlist the legal representation of a criminal defense attorney as soon as possible to start building your defense and get your life back on track.
Types of Domestic Violence
There are a number of charges that fall under the domestic violence umbrella in the state of Texas:
- Assault of family member, which is a Class A misdemeanor
- Assault of family member by impeding breath, which is a third-degree felony
- Assault of family member with a prior assault charge already on record, which is a third-degree felony
- Second assault of family member within a 12-month period, wherein both assaults combine to be charged with a third-degree felony
Charges for domestic violence do not necessarily only result from the alleged assault of blood relatives or those bound by marriage. These charges can also include assaults on roommates, unmarried significant others, foster children, and other relations that can be classified as familial.
Consequences of Conviction
When someone is convicted for domestic violence in the state of Texas, they face several, potentially long-lasting consequences. These consequences include but are not limited to:
- Fines up to $10,000
- Up to ten years in state prison
- Loss of the ability to vote (if convicted of a felony)
- Loss of the ability to possess and carry a firearm or ammunition (if convicted of any domestic assault)
The loss of the right to possess or own firearms and ammunition is not temporary. When someone is convicted of any domestic assault in any degree, they lose those rights forever, regardless of the sentencing. It is imperative that those accused of assault on a family member contact a Plainview domestic violence attorney who can fight to prevent a conviction and the subsequent loss of constitutional rights.
Emergency Protective Orders
Even being charged with domestic violence can lead to someone having an Emergency Protective Order (EPO) filed against them. EPOs can result in the accused being unable to go within a certain distance of a specific location, be it a workplace, a school, or a residence, depending upon the circumstances of their case. Furthermore, the individual against whom the EPO is filed is not able to carry a firearm throughout the duration of the EPO, which can last from 31 to 91 days.
Even if the alleged victim in a case wants to have the charges dismissed, Texas has a “no drop” policy, which means the prosecution can continue to pursue domestic violence charges against the individual initially accused of assault on a family member.
Contact a Plainview Domestic Violence Lawyer Right Away
If you were accused of domestic violence in Plainview, you may already be facing consequences such as the invocation of an Emergency Protective Order against you, the suspension from or loss of your job, and damage to your reputation. These consequences—and those that can result from a domestic violence conviction—may be avoided.
With the help of a Plainview domestic violence attorney, you can rest assured knowing that your legal team can fight tirelessly to protect your rights and get your life back on track.