McKinney, Texas Domestic Violence Lawyers

Attorneys Defending Against Family Violence Charges in McKinney

When a person is accused of domestic violence, they may need to address multiple types of legal issues. They could be arrested and charged with a violent crime, and they may also need to respond to an emergency protective order. They could also become involved in child custody proceedings or other family law matters that could disrupt their lives and the lives of their children or other family members. Understanding how to proceed in these cases can be crucial, and legal representation from a criminal defense attorney can ensure that a person's rights and interests will be protected.

At Texas Defense Firm, our lawyers can help clients respond to domestic violence or family violence charges, ensuring that they take the right steps to resolve these matters successfully. We can take steps to challenge accusations of family violence, defend against criminal charges, and prevent restraining orders that would place serious limitations on a person's life and family relationships. We will work to ensure that clients can avoid criminal convictions while putting these difficult situations behind them.

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What Is Considered Domestic Violence in Texas?

Texas law uses the term "family violence" to refer to domestic violence. A person's actions may be considered family violence if they allegedly involved harm, threats, or other issues that affected one or more members of their family or household. The relationships that may apply include:

• Spouses who are currently married and ex-spouses who were formerly married
• Parents and children who are related biologically, as well as adoptive parents and children and stepparents/stepchildren
• Other family members who are genetically related or are related through marriage
• People who currently live together in the same household or have lived together in the past
• Parents who have a child in common, regardless of whether they were ever married, lived together, or were in a long-term romantic relationship
• People who are currently dating or were formerly in a dating relationship

Charges That May Apply After a Domestic Violence Arrest

When someone calls the police to respond to a domestic disturbance or another incident in which family members may be at risk of harm, officers may arrest a person who they believe has committed domestic violence. These arrests may lead to criminal charges such as:

• Assault Family Violence: An accusation of assault against a family or household member that has led to an injury may lead to Class A misdemeanor charges. More serious charges may apply if a person has previously been convicted of a family violence offense.
• Aggravated Assault: More serious assault charges may apply if a person has been accused of causing a family or household member to suffer a serious bodily injury. These accusations can lead to felony charges. If a person is accused of using a firearm or another deadly weapon when committing aggravated assault in a domestic context, they could be charged with a first-degree felony.
• Assault InvolvingStrangulation: Even if there were no serious injuries, accusations that a person choked or strangled a family member can lead to felony-level assault charges.
• Continuous Violence Against the Family: Multiple charges of family violence within a short period of time can lead to more serious penalties. If a person allegedly committed at least two acts of family violence within a 12-month period, they may face third-degree felony charges.

Protective Orders and Their Effect on a Criminal Case

When a person has been arrested for family violence, a judge may issue an emergency order for protection. This order may prohibit the accused from contacting the alleged victim, going near their home or workplace, or possessing a firearm. An alleged victim may request a longer-term protective order, or the judge in a criminal case may take steps to put protection in place. This type of protective order may last for up to two years.

A protective order may not allow a person to return to their home, and they may be forced to find another place to live. They may not be allowed to speak to their spouse, their children, or other family members or make any attempts to contact them or send them messages. A first-time violation of a protective order may lead to Class A misdemeanor charges, and any subsequent violations can lead to third-degree felony charges.

Because a protective order can restrict where a person may live, work, and travel while a criminal case involving family violence charges is ongoing, it is important to take the right steps to address a request for an order. Our lawyers can take steps to limit the restrictions that a person may face and help them avoid disruptions to their life and their family relationships. We will work to ensure that clients will be able to avoid serious penalties and defend against domestic violence accusations.

Defense Strategies in Domestic Violence Cases

Our attorneys may be able to show that a person who has been accused of family violence was acting in self-defense. The use of force may be justified when a person reasonably believes that force is necessary to protect against an injury or to prevent someone else from suffering harm. We may argue that a person was not the aggressor or that they were taking steps to protect their children or other family members from harm.

Many domestic violence cases may involve confusion about who did what, who started an argument, what actions were taken, and whether any injuries occurred. Our lawyers can help clients present evidence such as medical records showing that no serious injuries occurred, or we may take statements from witnesses to show that a person did not initiate contact and did not act aggressively. We can also highlight any motives that an accuser may have had to make false accusations, and we will fight to protect our clients' rights as they defend against criminal charges.

Contact Our McKinney, TX Domestic Violence Attorneys

The penalties that a person may face when they have been accused of domestic violence can be serious, but there may be multiple options for defense. At Texas Defense Firm, we will work to resolve these matters while limiting the harm that may be done to a person's life and family. Contact our McKinney family violence defense lawyers at 972-369-0577 to arrange a free consultation.