Richardson Domestic Violence Defense Lawyers

Attorneys for Criminal Charges Involving Family Violence in Richardson, TX

When police respond to a call about a disturbance between family members, the situation may end with someone in handcuffs, even when officers have only heard part of the story. Violent crimes that have allegedly taken place within families, households, or dating relationships are treated seriously. An accusation can lead to criminal charges of assault or other offenses, a court order that may force a person to stay away from their own home and their children, and restrictions that may continue long after a criminal case ends.

At Texas Defense Firm, our domestic violence defense attorneys understand how these cases can disrupt a family's life. We have the experience needed to handle family violence cases in Richardson, and we can provide guidance on how to defend against criminal charges while addressing protective orders. We will focus on achieving outcomes that will protect our clients' rights and their family relationships.

How Texas Law Defines Family Violence

Under Texas Family Code § 71.004, family violence may involve a variety of offenses that a person has allegedly committed against a family or household member. These cases may involve accusations of physical harm, sexual assault, or threats. Charges related to dating violence, child abuse, or other offenses involving family or household members may qualify as domestic violence.

Relationships That May Be Involved in Family Violence Cases

Whether an offense may be classified as family violence will depend on the relationship between the people involved. Qualifying relationships include:

• Family Members: People who are related to each other, including parents, children, siblings, grandparents, in-laws, and stepparents.
• Former Spouses: Ex-husbands and ex-wives, no matter how long ago their divorce took place.
• Co-parents: Two people who share a child together, even if they were never married and have not lived together.
• Household Members: People who live in the same home, including roommates who are not related, as well as people who used to live together.
• Dating Partners: People in a continuing romantic or intimate relationship or who previously had a relationship.

Situations That May Lead to Arrests for Domestic Violence

Police may arrest someone if they believe that family violence has occurred. Officers may feel pressure to make an arrest after coming to the scene of a domestic incident. Their decisions may be based on a few minutes of conversation with the people involved, and they may make quick decisions without determining exactly what happened, who was the more aggressive party, or whether a person was acting in self-defense.

For example, a married couple may be arguing loudly in their apartment. When a neighbor hears their raised voices, they may call the police. When officers come to the scene, they may see that one spouse has a red mark on their arm. Even if this mark was caused by something that was unrelated to the argument, the other spouse may be arrested.

There are many other examples of disputes that could lead to charges of family violence. A person going through a breakup may try to take back their phone from their former partner, and a struggle over the phone may lead one party to report the incident to police. Adult siblings may argue over a parent's care, roommates may fight over unpaid rent, or co-parents may experience disagreements when exchanging children. Some cases may involve false accusations, while others may be based on misunderstandings.

Protective Orders and Release Conditions

Magistrate's Order of Emergency Protection

After a person is arrested for family violence, a magistrate may issue an emergency protective order. This order will generally last from one to two months. It may bar a person from contacting the alleged victim, going near their home or workplace, and possessing firearms. This could prevent a person from returning to their home or seeing their children.

Protective Orders Under the Family Code

An alleged victim may ask a court for a protective order. These orders may last for up to two years, and they may require a person to move out of their home, stay away from their children, attend a domestic violence intervention program, and surrender their firearms. Violating a protective order can lead to separate criminal charges. Hearings for protective orders could affect a criminal case, so it is crucial to have legal representation during these matters.

Bond Conditions

When a person is released on bail after a domestic violence arrest, a judge may place conditions on their release. These may include no-contact rules, GPS monitoring, drug testing, or other restrictions. It is important for a person to follow all restrictions, since violations could lead them to be arrested and held in jail during their criminal case.

Long-Term Restrictions for People Convicted of Family Violence Offenses

A family violence conviction can lead to consequences that many people do not expect, including:

• Gun Rights: Federal law prohibits a person from possessing firearms after a misdemeanor domestic violence conviction. Violations of these restrictions can lead to weapons charges.
• Parenting Time: Courts may consider a person's history of family violence when making decisions about child custody and visitation.
• Criminal Record: A conviction or deferred adjudication in a family violence case will be visible in background checks. These records are usually not eligible for expunction or an order of nondisclosure.

Contact Our Richardson, Texas Domestic Violence Attorneys

Family violence allegations could have an impact on where you can live, when you can see your children, and many other parts of your life. At Texas Defense Firm, our attorneys can help you defend against these charges while addressing protective orders and other issues that could affect you and your family. Contact our Richardson, TX family violence defense lawyers at 972-369-0577 to arrange a free consultation.