Domestic violence accusations can have a detrimental impact on all aspects of your life. Not only can they disrupt family life and invite suspicion from friends and colleagues, but domestic violence accusations can have a damaging effect on your career as well. An accusation alone can be enough to issue a temporary protection order that could keep you away from not only your spouse or partner but also your children and the family home.
If convicted of a domestic violence charge, the penalties can be heavy and range from a misdemeanor all the way to a first-degree felony. Right now, you may be facing fines, probation, and considerable jail time, depending on the severity of the charge. For that reason alone, you may want to consider hiring legal representation from a Fort Worth family and domestic violence lawyer.
At the Law Offices of Randall B. Isenberg, we can provide assistance that can have an impact on your case and the charges against you. Knowing the legal context surrounding domestic violence charges can be challenging for any layman. Our team can advise you on your options, help you decide your next steps, and fight for you in court.
If you are facing a domestic violence accusation or charge in Fort Worth, call the Law Offices of Randall B. Isenberg today at (214) 696-9253. We provide a free initial case review.
How Texas Defines Domestic Violence
Domestic violence is a serious offense under Texas law and is broadly defined as the use of force in domestic situations that causes the victim (or victims) injuries or bodily harm.
Texas domestic violence laws apply not only to spouses and romantic partners but can include anyone living in the same household, such as any persons related by blood and those in the foster care system. It can also include past dating relationships.
Texas Family Code Sec. 71.004 defines family violence as “an act by a member of the household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault…”
According to Texas Sec. 22.01, a person commits such an offense if they intentionally, knowingly, or recklessly:
- Caused bodily injury to another person
- Threatened another person with imminent bodily injury
- Caused physical contact with another when the perpetrator knows or should reasonably believe that the other person will regard the contact as offensive or provocative
- Either has caused bodily injury, threatened another with such injury, or caused physical contact with another person knowing that they will perceive such contact as offensive or provocative
By speaking with a legal professional, you can learn more about the factors of your case, which may influence your sentencing.
Accusations of Domestic Violence
Sometimes, domestic violence accusations are used as a tool for revenge by a spiteful dating partner, ex-dating partner, spouse, or ex-spouse. Accusations can surface during an acrimonious divorce, a custody battle for children, or simply when trying to harm and discredit an ex-spouse.
An emergency restraining order, or order of protection, can be obtained based on one-sided evidence only–– the word of the accuser. The accused can have their entire life turned upside down by being issued a protective order. They may have to move out of the family home and may not be able to see their children for an extensive period.
A protective order can last up to two years, and it typically requires the accused to:
- Cease all contact and stay away from the accuser, their children and other relatives, as well as the accuser’s home and workplace
- Not to harass or hurt the accuser
- Not to have a gun or a license to carry one
If your accuser has issued a protective order against you, a Fort Worth family and domestic violence lawyer may be able to help you. The Law Offices of Randall B. Isenberg can evaluate your case and determine what options you have to alleviate the stressors of your situation.
To learn more, call us today at (214) 696-9253.
Steps You Can Take to Promote Your Case’s Success
There are some things you can do in order to mitigate any domestic violence accusations and charges. Taking these measures can promote a smooth legal process and may have a positive impact on the outcome of your case.
Some of these steps include:
- Cooperating with any protective orders. If you have been issued with any protective orders, make sure you fully cooperate and respect the order, even if you believe it is unwarranted. If you attempt to reach out to the accuser or otherwise breach this order, you could face additional legal recourse.
- Refraining from posting to social media. You may want to post about your situation to social media to get support from your family and friends. This may actually work against you. By mentioning your accuser or even referencing the incident on social media, you could give the plaintiff more ammunition against you. They could argue that you posted to social media to taunt or threaten them. This would not work to your advantage.
- Accepting any rehabilitation services. If alcohol or drugs contributed to a domestic violence incident, you could agree to rehabilitation and prove to the court that you are serious about changing your life. This could show that your character has changed since the incident and that you are likely not to partake in those behaviors again.
Do not leave your defense to chance or luck. A criminal defense attorney can fight for you in court and give you a chance to get your life back in order.
Call the Law Offices of Randall B. Isenberg Today
A domestic violence conviction and the resulting penalties can wreak havoc on all aspects of your life.
A dedicated Fort Worth family and domestic violence lawyer can help. The Law Offices of Randall B. Isenberg know how to navigate domestic violence laws and have dealt with these types of cases for over 30 years. We serve Dallas, Fort Worth, and the surrounding areas.
To get started with a free case review, call us today at (214) 696-9253.