Texas lawmakers understand the risks that domestic and family violence situations can pose upon victims, including the children who witness or experience it. The laws under TX Penal Code Ch 71.004 – Family Violence allow courts to issue protective orders for domestic abuse or dating violence victims and mandate harsher penalties for those found guilty of these offenses.
The legal team at Law Offices of Randall B. Isenberg understands that allegations involved in domestic disputes can be complex. Despite the allegations made, you have rights under the law, including the right to hire a criminal defense attorney who can help you fight your case. If you or someone you know needs legal help, we are ready to walk you through the legal options during a free and confidential consultation.
How TX Penal Code Ch 71.004 Defines Family Violence
You can find the legal definition of “family violence” in TX Penal Code Ch 71.004. This section outlines the types of violent crimes and actions that qualify as “family violence.” Specifically, the acts that constitute family violence include:
- Actions that threaten physical harm or bodily injury
- Actions that put the victim in reasonable fear of imminent physical harm or bodily injury
- Actions intended to result in physical harm or bodily injury
- Assault, aggravated assault, or sexual assault
- Abuse of a child
Under TX Penal Code Ch 25, Offenses Against the Family, this could also include continuous violence against the family. These actions may fall under family violence when the victim and the perpetrator have a specific relationship.
Relationships Determine Family Violence Cases
Texas law clarifies what relationships must exist between the victim and the alleged abuser to constitute family violence. This could include situations when the perpetrator of the violent act is:
- The victim’s spouse
- The victim’s former spouse
- The parent of a child victim
- A blood relative
- A foster parent or child
- Another member of the same family or household as the victim
- In a dating relationship with the victim
For the purposes of this law, the code defines a “dating relationship” as one that is or was ongoing and romantic or intimate in nature. The length and nature of the relationship and the frequency and type of interactions between the pair all play a role in helping courts define “dating.”
It is critical to note that there is an allowance for defensive acts under this definition. Thus, a person does not commit family violence when they take actions to defend themselves or their children during a domestic incident perpetrated by another person.
Possible Penalties for Family Violence Crimes in Texas
Because family violence can encompass several different crimes, the penalties vary widely from a Class A misdemeanor to a first-degree felony. Under TX Penal Code Ch 12, possible legal consequences you could face following a family violence conviction include:
- Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000
- Third-degree felony: Between 2 and 10 years in prison and a fine of up to $10,000
- Second-degree felony: Between 2 and 20 years in prison and a fine of up to $10,000
- First-degree felony: Between 5 and 99 years in prison and a fine of up to $10,000
We Will Help You Fight Family Violence Accusations in Your Case
Attorney Randall B. Isenberg and the team from Law Offices of Randall B. Isenberg can help you fight accusations of family violence. We understand what it takes for prosecutors to build this type of case against you, and we can take action to dismantle their case.
Whether you acted in self-defense, the alleged victim falsely reported you, or the event was exaggerated, we can help you present your side of the story in court. We may be able to stop them from pressing charges, get your charges reduced, negotiate a plea agreement, or take other steps to get you a more favorable outcome in your case.
Attorney Randall B. Isenberg Has the Experience You Need on Your Side
With more than 30 years of experience representing those accused of crimes in Texas, criminal defense attorney Isenberg knows how to approach your case. In fact, he knows the system inside and out because he previously served as a prosecutor and state district judge.
What Our Texas Family Violence Lawyers Can do for You
If convicted of a family violence offense under Texas law, you face jail or prison time, fees and fines, and other consequences, as noted above. When you become our client, we will take on your family violence case and manage all aspects from start to finish.
For example, we will represent you in all legal proceedings and ensure you have an attorney present if you must meet with authorities for questioning and other business related to your case. Our job is to protect your rights during due process and ensure your account of events is considered, as your future is on the line.
Our Texas family violence lawyers will do all the following for you and more as your case requires:
- Review the facts, details, and circumstances of your case
- Work to get the charge(s) against you dropped, reduced, or dismissed
- Find weaknesses in the prosecution’s case against you
- Investigate whether procedural errors were made or if the police made mistakes during your arrest
- Gather evidence to support your account of events, including witness testimony
- Regularly update you on the case and explain all developments fully
- Explain all laws and answer your questions or concerns
- Advise you of any plea offers you get and whether they serve your interests
We Want to Help You Move Forward with Your Life
This is not an exhaustive list of the services we provide, but it gives you an idea of what to expect if we work on your case. Our goal is to attain the most favorable outcome possible in your case so you and your family can put this chapter behind you and move forward. We want to review your legal rights and options with you as soon as possible during a free consultation.
Common Defenses in a Texas Family Violence Case
While allegations in family violence cases can be alarming, that doesn’t mean they are always true or tell the whole story. Additionally, defendants accused of violent acts have the legal right to offer a defense in their case. Each case is different, but these are common defenses against charges of this nature:
- Self-defense: As noted earlier, state law allows Texas residents to use force to defend themselves against an aggressor. Legal teams that use this defense must prove with evidence that the force used against an alleged victim was justified.
- An accident or mistake on the perpetrator’s part: Our team may be able to prove the physical contact that occurred was not intentional or knowingly done with the intent to harm the alleged victim.
- False accusations: The evidence in your case could prove that the domestic or family violence allegations against you are false. If the person has alleged assault, violence, or harm but isn’t telling the truth, they may have trouble keeping their story straight. A criminal defense attorney from our team will look for these inconsistencies and other clues to disprove the allegations.
The defense strategy we develop will be unique to your case. We encourage you to share any evidence you have that could help us prove your side of the story.
Our Family Violence Case Results Show How Hard We Fight for Our Clients
Our team takes each case we handle seriously, whether it involves a misdemeanor or felony. Here is a sampling of results we have achieved in past cases:
- Assault Family Violence – Deferred Probation
- Assault Family Violence Motion for Speedy Trial Granted and Case – Dismissed
- Assault Family Violence Impede Breath – No Billed
- Assault Family Violence Impede Breath – Reduced to a Misdemeanor
- Assault Causing Bodily Injury Family Violence – Dismissed
Our Clients Share How Our Legal Services Have Helped Them
Our legal team works diligently to ensure each client gets the attention they deserve. We do all we can to keep their cases on track so they can focus on recovering from their legal battles. Below are some kind words past clients have left for us about how we helped them:
“There’s a reason Randall Isenberg was listed among the “Best Lawyers in Dallas” by D Magazine. He truly is at the top in his field. Having true representation by a former state district judge, with all his experience, was worth every penny I spent on my defense. I’ve seen friends sold down river by court appointed attorneys, and I thank God that I didn’t have to take that path.” – Arnold
“Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation. I can’t tell you how much that means to me, my wife, and kids. My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney.” – Erick
“I would recommend the legal services of Randall isenberg to anyone they were very professional prompt and seem to actually care about my case and handle it unconditionally. they got me 3 years deferred probation with minimal community service and fines and work out a payment plan that was very doable! These guys are very intelligent and able to do just about anything inside a courthouse!” – Client
Call Our Texas Defense Team About Your Family Violence Case
If you are facing charges in a Texas family violence case, we encourage you to seek legal representation as soon as you can. If local law enforcement accuses you or a loved one of a family violence crime, Law Offices of Randall B. Isenberg will review the case today for free.
We represent clients in Dallas-Fort Worth, TX, and surrounding areas. Call us today at (214) 696-9253 to discuss your family violence case with a member of our team and learn more about our services.