Growing a family and a successful marriage can be a challenge in today’s world. Misunderstandings and arguments are common in every family. When family members, spouses, or roommates no longer get along, it is always advisable for people to go their separate ways before things get serious.
The Texas government does not tolerate domestic violence and subjects the defendant to severe punishments. Any physical altercation between people of the same household is considered a violent act.
Many people assume that domestic violence only amounts to physical violence alone. This assumption leads to several victims suffering other types of domestic abuse without doing anything about it. In Texas, domestic violence is not just physical abuse. It entails more than what is seen on the outside.
If you’re dealing with domestic violence, contact Xavier Law Firm today for a confidential consultation and let our experienced Houston attorneys help you protect your future.
What Is Domestic Violence in Houston?
Any violent act with the intention to gain power over a spouse, girlfriend, or any other family member is categorized as domestic violence. Abuse is a behavior not caused by drugs, anger, or mental problems. Domestic violence can be physical, emotional, social, and sexual. Any act of violence considered domestic doesn’t have to occur within a home. As long as the victim and the accused are in a relationship, any act of violence is deemed to be domestic.
Types of Domestic Violence Charges in Houston
Texas law recognizes several forms of domestic violence, each with its own penalties:
- Domestic Assault: Any intentional, reckless, or knowing threat or act of violence against a spouse, partner, family member, or roommate.
- Aggravated Domestic Assault: Occurs when the assault causes serious bodily injury or involves a deadly weapon.
- Continuous Violence Against the Family: When violence or threats occur more than once within a 12-month period, even if the victims are different.
Penalties for Domestic Violence Convictions in Houston
Penalties for domestic violence in Houston depend on the severity of the offense and whether it is a first-time or repeat offense. Possible penalties include:
- Class A Misdemeanor: Up to one year in jail and a fine of up to $4,000.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000 (for repeat offenses or aggravated circumstances).
- Second-Degree Felony: 2 to 20 years in prison and a fine of up to $10,000 (for aggravated assault).
- First-Degree Felony: 5 to 99 years or life in prison and a fine of up to $10,000 (for aggravated assault with serious injury or a deadly weapon).
Even without a conviction, an affirmative finding of family violence can result in collateral consequences such as difficulty renting, employment restrictions, and limitations on working with children.
What Evidence Is Collected in a Domestic Violence Case?
In domestic violence cases, evidence can include photographs of injuries, medical records, police reports, witness statements, text messages, emails, and surveillance footage. Law enforcement and prosecutors use this evidence to establish the facts and intent behind alleged acts of violence. For defendants, it’s important to have an experienced Houston domestic violence attorney review all evidence to ensure your rights are protected and to challenge any questionable or improperly obtained evidence.
Legal Representation for Domestic Violence in Houston
Whether you are facing criminal charges or seeking justice as a victim, dealing with the legal system after a domestic violence incident can be overwhelming. It is always risky to defend yourself, especially when criminal charges are involved. Having an experienced criminal defense attorney is essential to protect your rights and achieve the best possible outcome.
At Xavier Law Firm, we provide strong legal representation for individuals involved in domestic violence cases. Our Houston attorneys understand these situations and are committed to defending your rights, no matter your role in the case. We carefully review every detail, challenge the evidence, and build a tailored defense strategy to protect your future.
It’s not uncommon for innocent people to be charged with domestic violence, or for serious allegations to be dismissed due to lack of evidence. Either way, you need skilled legal representation to look at your case from all angles and ensure your rights are protected throughout the process.
Steps to Take if You’re a Victim
If you are a victim of domestic violence in Houston:
- Seek medical attention if injured.
- Contact law enforcement.
- Preserve evidence such as photos, messages, or damaged property.
- Consider obtaining a protective order.
- Consult with a Houston domestic violence lawyer to understand your legal options and ensure your safety.
Steps to Take if You Are Facing a Domestic Violence Charge
If you are accused of domestic violence in Houston:
- Do not speak to law enforcement without an attorney present.
- Gather all relevant documents and contact information for witnesses.
- A Houston domestic violence defense lawyer can help protect your rights, review the evidence, and build a strong defense to fight the charges and minimize consequences.
How Domestic Violence Can Impact Divorces, Child Custody, and Family Matters
A domestic violence charge or conviction in Houston can have lasting effects on divorce proceedings, child custody decisions, and other family matters. Courts take domestic violence allegations seriously, and a finding of family violence may result in loss of custody, restricted visitation, or other negative outcomes. An experienced Houston domestic violence offense attorney can help you understand these implications and advocate for your best interests in family court.
Why Choose Xavier Law Firm for Your Legal Representation
At Xavier Law Firm, our Houston domestic violence lawyers are committed to providing aggressive and compassionate legal representation for both victims and defendants. We understand the severity of domestic violence cases in Houston and throughout Texas. We work tirelessly to protect your rights, fight for justice, and help you navigate the legal process with confidence. Whether you need a domestic violence defense attorney in Houston or guidance as a victim seeking justice, our team is here to help.
Frequently Asked Questions (FAQ)
What is considered domestic violence in Houston?
Domestic violence includes any act intended to gain power or control over a spouse, partner, or family member, whether through physical, emotional, sexual, or social abuse. Acts of domestic violence do not have to occur within a home, any act of violence between people in a relationship is considered domestic violence under Texas law.
What are the penalties for domestic violence in Houston?
Penalties range from fines and probation to imprisonment, depending on the severity of the offense and whether it is a first-time or repeat offense. Possible penalties include up to one year in jail for a Class A misdemeanor, 2 to 10 years in prison for a third-degree felony, 2 to 20 years for a second-degree felony, and 5 to 99 years or life in prison for a first-degree felony.
What evidence is collected in a domestic violence case?
Evidence can include photographs of injuries, medical records, police reports, witness statements, text messages, emails, and surveillance footage.
What should I do if I’m a victim of domestic violence?
Seek medical attention if injured, contact law enforcement, preserve evidence, consider obtaining a protective order, and consult with a Houston domestic violence lawyer.
What should I do if I’m facing a domestic violence charge?
Do not speak to law enforcement without an attorney present, gather all relevant documents and contact information for witnesses, and consult with a Houston domestic violence defense lawyer.
How can a domestic violence conviction impact my future?
A conviction can result in a permanent criminal record, loss of custody, restricted visitation, difficulty renting, employment restrictions, and limitations on working with children.
If you or a loved one is facing domestic violence charges or seeking justice as a victim in Houston, Texas, contact Xavier Law Firm for a confidential consultation. Our Houston domestic violence lawyers are here to protect your rights and guide you through every step of the legal process.
