Domestic Violence in Texas
"Family Violence" is basically defined by Texas law as an act by a member of a family, or household, against another member of the family, or household, intended to result in physical harm or bodily injury. The range of criminal penalties will differ, depending on the nature of such an act. While there are legal procedures that must be followed prior to such a finding being made by a Texas judge or jury, any criminal conviction of, or true plea of guilt for, assault against a person, including the violation of a restraining order, known in Texas law as a protective order, may result in an Affirmative Finding of Family Violence.
Effects of an Affirmative Finding of Family Violence
An Affirmative Finding of Family Violence may result in serious, life-long consequences beyond a criminal conviction on your record. These consequences may include, but are not necessarily limited to:
· A protective order being entered against you for at least two years, which may prohibit your contacting the complainant for any reason and the relinquishment of any firearms in your possession
· Enhancement, or harsher penalties, for future criminal convictions
· The ineligibility to expunge criminal convictions from your record
· Being ordered to pay alimony, or spousal maintenance, above the guidelines of Texas law in a future divorce
· Being ordered to pay child support above the guidelines of Texas law in a future child custody case, known in Texas law as a Suit Affecting the Parent-Child Relationship (SAPCR)
· Restriction of possession of and/or access to your children, including possible termination of your parental rights
· The legal basis for the modification of any prior SAPCR case
· Being deported from, and/or later being denied future entry to, the United States, if you are not a citizen of the United States
· The inability to possess a firearm legally, including ineligibility to obtain a license to carry a concealed handgun
· Denial, or revocation, of certain license previously granted to you, including occupational licenses
To assure that your rights are protected to the fullest extent of the law, you will need the experience of an attorney previously involved in such cases. Our firm has served the Dallas area for over 40 years, and attorney Jerry W. Melton is Board Certified in Criminal Law by the Texas Board of Legal Specialization. We have the resources to answer all your questions concerning domestic violence and the qualifications to present a strong case for you. Please fill out our form online or call 972-980-8000 today and schedule your free consultation.