Domestic Violence Defense Lawyer in Texas

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What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and, so someone must be arrested for domestic violence. Domestic violence in Texas carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Bexar County with a domestic violence or related offense, it’s imperative to contact a domestic violence attorney in San Antonio.

You have rights, and at the Law Office of Robert M. Maurer II & Associates, we are here to uphold your rights and defend any allegations made against you. Call us at (210) 222-8284 to schedule a Free Consultation today.

Domestic Violence in Texas

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse.

State-based legislation varies in terms of both the nature of the relationship and the type of conduct required to prove a domestic violence offense. While domestic violence offenses are usually prosecuted at a state level, federal domestic violence legislation exists. In 1994, Congress passed the Violence Against Women Act (VAWA). This Act and subsequent additions to the Act acknowledge domestic violence as a national crime and provide assistance to overburdened state and local criminal justice systems.

The following are federal crimes under VAWA if they are committed within the maritime or territorial lands of the United States or if the offender crosses state or foreign lines to:

Commit or attempt to commit a crime of violence against an intimate partner (18 U.S.C. Section 2261)
Stalk or harass or to stalk or harass by mail or computer (18 U.S.C. Section 2261A)
Violate a qualifying Protection Order (18 U.S.C. Section 2262)

Consequences of Alleged Domestic Violence in Texas

When a defendant is charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order, depending on your jurisdiction. Protection orders can be made even when the defendant isn’t present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.

When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

It can restrict a defendant’s contact with the victim and their children; and
It can require the defendant to leave the family home.

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.

Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant’s ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.

Penalties of Domestic Violence or a Related Criminal Conviction in Texas

The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to:

Fines
Probation
Domestic violence treatment or counseling programs
Imprisonment

When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:

The level of injury sustained by the victim
Whether a weapon was used or a child witnessed the crime
Whether the crime violates an existing protection order
The personal characteristics of the victim, such as older age or pregnancy

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in Texas.

Defenses to Domestic Violence Allegations in Texas

A person can defend against a domestic violence charge in Texas. However, the specific defenses available to a defendant will depend on the circumstances of their case.

Some common defenses include:

Self-defense or defense of others, where reasonable force was used to prevent an attack
Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
False allegations, where the victim has lied about what happened
Accident, where the defendant unintentionally caused the injury

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant’s personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations.

Can Domestic Violence Charges Be Dropped in Bexar County?

Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the restraining order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.

FAQs

What should I do if I’ve been arrested for domestic violence in Texas?

If you’ve been arrested, don’t panic, but don’t try to explain yourself to the police either. Stay quiet and ask for legal representation. Getting a domestic violence attorney in San Antonio involved early can help protect your rights and shape your defense from the start. They’ll walk you through the charges, review the details of your case, and help you understand your legal options. Handling things alone can lead to mistakes that may affect your case long-term. Call an experienced attorney before speaking to anyone else about the situation.

Can I still be charged if the victim takes back their statement?

Yes, and this surprises a lot of people. In Texas, criminal charges, including domestic violence, are filed by the state, not by the alleged victim. That means the case can continue even if the person changes their mind or no longer wants to press charges. A domestic violence attorney in San Antonio can help you understand how the case may proceed and fight to have the charges reduced or dismissed. They’ll also ensure that your rights are protected throughout the legal process and challenge any weak or unfair evidence being used against you.

What penalties can I face if convicted of domestic violence in Texas?

A domestic violence conviction can carry serious penalties, including jail time, probation, fines, mandatory counseling programs, and protective orders. These consequences can increase in severity depending on the circumstances, such as the presence of children, prior offenses, or the use of weapons. A domestic violence attorney in San Antonio will evaluate the facts of your case and fight for the best possible outcome, whether that’s reduced charges, a lighter sentence, or full dismissal. Convictions can also affect housing, employment, and your ability to own a firearm, so having a skilled defense is essential.

Will a protective order disappear if the victim doesn’t want it anymore?

Unfortunately, no. Only the court has the power to lift or modify a protective order once it is issued. Even if the alleged victim no longer feels it’s necessary, the order remains active until officially removed. Violating it, even unintentionally, can lead to additional criminal charges. A domestic violence attorney in San Antonio can help you understand what the order includes, how to comply with it, and what legal steps can be taken to challenge or modify it if needed. Following court instructions closely is crucial while the order is in effect.

Are there any defenses against domestic violence charges?

Yes, and in many cases, a strong defense can lead to dropped or reduced charges. Common defenses include self-defense, false accusations, lack of evidence, or the incident being an accident. A domestic violence attorney in San Antonio will review your case in detail and determine which defense best fits your situation. They’ll also make sure that your side of the story is heard and that your legal rights are respected during the investigation. Even if the evidence seems stacked against you, having the right legal support can greatly affect the outcome.

Contact a Domestic Violence Defense Attorney in Bexar County Today

If you’ve been charged with a domestic violence offense, you should speak to an experienced domestic violence attorney in San Antonio at the Law Office of Robert M. Maurer II & Associates immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at (210) 222-8284 to schedule a Free Consultation today.