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Family Violence/Assault Serving Families Throughout Austin

Family Violence/Assault in Texas

Difference Between Family Violence & Domestic Violence in Texas

Family violence charges are associated with assault or other types of violent crimes involving loved ones or household members. Since these criminal offenses involve family members, many assume there will be no criminal consequences, specifically if no charges were pressed.

However, if Texas law enforcement believes family violence has occurred, they decide whether to press charges, not the alleged victim. Family violence cases are heard in a special division of the criminal court, which is why having a criminal defense lawyer with experience handling these types of cases is of utmost importance.

The punishments of a family violence/assault conviction include:

  • Jail or prison sentence
  • Fines
  • Restraining orders
  • Loss of custody
  • Loss of gun rights
  • Possible felony charge in the event of a similar offense in the future
  • Immigration consequences

From time to time, loved ones can have disagreements with each other. Sometimes, verbal confrontations can, unfortunately, take a violent turn that results in immediate regret. On other instances, scored significant others falsely accuse their partners of domestic violence to gain an advantage in child custody proceedings or simply for blackmail. But in most cases, law enforcement authorities are called in and arrests are made.

Defenses Against Family Violence Charges

When charged with family violence in Texas, it's important to remember that an accusation alone does not equate to guilt. Several legal defenses can be employed to contest these charges. Below are some common defenses that an experienced criminal defense attorney might utilize:

1. Self-Defense:
One of the most common defenses in family violence cases is self-defense. Texas law permits individuals to use reasonable force to protect themselves or others from imminent harm. If you acted out of a genuine belief that you or someone else was in immediate danger, your lawyer could argue that your actions were justified. Supporting evidence might include injuries that align with defensive actions, statements from witnesses, or previous threats from the alleged victim.

2. Lack of Intent:
To secure a conviction for family violence, the prosecution must demonstrate that you acted with intent to cause harm. If your actions were accidental or unintended, this could serve as a robust defense. For instance, if an injury occurred during a heated argument but was not the result of deliberate violence, your attorney could argue that there was no intent to inflict harm. Evidence such as medical records or the circumstances surrounding the incident could help establish that the event was accidental.

3. False Allegations:
In some instances, individuals may face false accusations of family violence. This can occur for various reasons, such as during contentious divorce or custody battles, or out of spite. Your attorney will investigate the alleged victim's motives, scrutinize their story for inconsistencies, and gather evidence that refutes their claims. This could involve presenting text messages, emails, or witness statements that highlight the false nature of the allegations.

4. Insufficient Evidence:
At times, the evidence presented by the prosecution may be inadequate to prove guilt beyond a reasonable doubt. Your attorney can challenge the validity and reliability of the evidence, such as by questioning the accuracy of medical reports, the impartiality of witnesses, or the proper handling of physical evidence. By highlighting the weaknesses in the prosecution's case, your lawyer may be able to achieve a dismissal or reduction of the charges.

5. Constitutional Violations:
In some cases, law enforcement may violate your constitutional rights during the investigation or arrest. For example, if the police conducted an illegal search or seizure, or failed to provide you with your Miranda rights, any evidence obtained as a result may be inadmissible in court. Your attorney will scrutinize the police's actions and challenge any unlawfully obtained evidence.

Every family violence case is different, and your defense strategy will be customized to fit the specific details of your situation. By combining legal expertise, thorough evidence analysis, and strategic planning, your defense team can work to safeguard your rights and strive for the most favorable outcome in your case.

Carroll Troberman, PLLC Domestic Assault Legal Counsel

If you have been accused of family violence or domestic assault in Texas, our Austin criminal defense lawyers at Carroll Troberman, PLLC can help you either get your charges dismissed or avoid jail time. With more than 30 years of experience, our Austin criminal defense lawyers have helped thousands of clients obtain positive outcomes in their cases. Do not hesitate to explore your legal options and get your life back on the right track.

We are ready to investigate your arrest, gather and review evidence, find inaccuracies and weaknesses in the prosecution’s case, and help you either get your charges dismissed or reduced. With a former prosecutor on our team, we understand how the other side will approach your case.

Contact us and schedule a consultation immediately.

What Our Clients Say

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    I highly recommend Carroll Troberman, PLLC. They made the whole legal process bearable and kept me informed. They were always available to answer calls and reduced my judgment to a much lesser charge. You won’t find a better attorney in Texas.
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