A conviction for domestic violence under TX § 22 can have significant consequences on your life. It can affect your personal and professional life, harm your reputation, or cause strife and embarrassment for you and your family. Even future potential employers may be unlikely to hire you for a job opportunity.
Family violence allegations tend to exist in two primary forms in Texas courts–protection orders and charges of domestic violence. In each situation, the accused has rights. You need to protect your rights at every stage of the court process, so you should contact a domestic violence lawyer in Mesquite right away. You need to give your lawyer as much time as possible to build a defense for you.
A domestic violence lawyer in Mesquite can help with protective orders and domestic violence charges. Call the Law Offices of Randall B. Isenberg at (214) 696-9253 today to get started. With over 30 years of experience as a former prosecutor and state district judge, Randall Isenberg can help you with first-time charges and alleged repeat offenses, including felony charges.
No Expungement of Domestic Violence Convictions
Some people roll the dice with their futures, trying to handle their domestic violence charges without a lawyer. These defendants might assume that if things go badly in court, they can always hire a lawyer later to expunge the conviction from their record under TX § 55. This way of thinking could be disastrous when facing domestic violence charges because you cannot expunge a domestic violence conviction from your record. Your only chance is to avoid getting a conviction in the first place.
How Hiring a Domestic Violence Lawyer in Mesquite Right Away Benefits You
Your domestic violence lawyer in Mesquite will have the best chance of getting the optimal outcome for you if you work with the attorney from the outset. Do not wait until right before your trial to hire a lawyer.
We will need to investigate the incident and widen the net of our inquiries as we explore your possible defenses. These actions take time.
Some strategies cannot work overnight. For example, we often have our clients undergo counseling and educational classes like anger management programs. The court will see that the accused wants to make different life choices. You cannot complete a series of counseling sessions or an anger management program if you do not allow enough time before the trial.
How a Domestic Violence Conviction Can Damage Your Career
Many professions that require licenses can take away your license, and thereby your livelihood, for a criminal conviction. Doctors, lawyers, therapists, stockbrokers, teachers, and nurses are a few of the professionals who can face licensing disciplinary procedures if convicted of certain crimes. We can help you navigate these disciplinary matters as well as represent you in court on the criminal charges.
Some domestic violence allegations can lead to felony charges with the possibility of a lengthy prison sentence, while other accusations can get charged as misdemeanors. For a misdemeanor, the defendant faces a possible fine, probation, jail time, or requirements like attending counseling.
Domestic Violence Charges
There is a wide variety of family violence charges in Texas. Here are some of the kinds of domestic violence and related charges we handle:
- Assault family violence
- Violations of a protective order
- Assault with a deadly weapon
- Resisting arrest
- Assault family violence impede breath
- Injury to a child/elderly
- Deadly conduct
- Interfering with a 911 call
- Evading arrest
- Intoxication assault
- Aggravated assault with a deadly weapon
- Assault (juvenile case)
- Stalking (felony)
If your charges are not on this list, do not worry. The Law Offices of Randall B. Isenberg handles numerous kinds of criminal charges. Call us at (214) 696-9253 so we can help you.
Civil Lawsuits from Domestic Violence Convictions
Another adverse consequence of getting convicted of domestic violence charges is the possibility of a civil lawsuit for money damages. Texas, like other states, allows an alleged victim to sue a defendant in civil court for compensation. If you can avoid the criminal conviction, that fact does not guarantee that your accuser will not sue you, but your chances of winning a civil lawsuit are greater without the criminal conviction.
Orders of Protection
A petition for an order of protection must allege both a qualifying relationship and particular conduct. If someone asks the court to grant a request for an order of protection, the applicant must allege that, within the last 90 days, someone either:
- Made a credible threat of imminent harm or
- Physically abused the petitioner by choking, kicking, pushing, slapping, shoving, hitting, or committing an act intended to cause physical harm.
The accused must have one of these relationships with the petitioner (unless the petitioner alleges sexual assault):
- Current or former spouse
- Blood relative
- In-law (related by marriage)
- Current or former dating relationship
- Current or former live-in romantic partner
- Biological parents of the same child
In Dallas, petitioners go to the Family Violence Division of the District Attorney’s Office to file an application for a protective order. The judge can issue a temporary ex-parte order against the accused, but it is not enforceable by the police. “Ex-parte” means that the defendant has not had the opportunity to tell his or her side of the story.
When someone obtains a protective order against you, an official will serve you in person with the papers and a notice to come to court for a hearing. As soon as you get served, you should call a domestic violence lawyer in Mesquite. We need to be able to jump right in to protect your rights.
If you do not go to the hearing, the petitioner will win by default. The sheriff or another official will serve you in person with the protective order. The protective order can force you to move out of the home, stay at least 500 feet away from the petitioner, not threaten, harass, or stalk the petitioner. The judge can order you to go to counseling.
You will have an active order of protection against you for two years. Your accuser can renew the order if the judge gets convinced that you violated the order, threatened, or became physically violent toward the petitioner.
Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation. Do not delay in protecting your rights.