In Texas courtrooms, domestic violence and family assault are considered serious matters by every District Attorney’s office. This perspective reflects not only the potential harm to individuals but also the broader impact on society. Domestic violence offenses may include a range of behaviors that can be physical, emotional, or psychological in nature.
If you’re facing criminal charges resulting from allegations of assault on a family member, contact Tad Nelson, an experienced Houston domestic violence defense lawyer, today. We can be reached at 713-659-0909 or send us a message using the contact form.
Texas Law & Family Assault Cases
Texas law defines domestic violence as an act by a member of a family or household against another that results in physical harm. Physical harm includes bodily injury, assault, or sexual assault, or a threat that reasonably places the member in fear of imminent physical harm.
This definition also extends to dating relationships, as noted in Texas Family Code Section 71.004.
Domestic Violence Charges: Know Your Rights
A Look at Protective Orders
Victims of domestic violence can seek protective orders. These are basically court orders which are intended to prevent further harm.
There are three main types of protective orders in Texas:
- Temporary Ex Parte Orders: Immediate protection that can last up to 20 days.
- Permanent Protective Orders: Can last up to two years and can be extended.
- Magistrate’s Order for Emergency Protection: Issued following an arrest for domestic violence, which can last from 31 to 61 days, or up to 91 days in severe cases.
Criminal Penalties and Charges
If you’re convicted, the penalties for domestic violence in Texas can vary widely. The severity of the penalty is directly related to the severity of the offense.
The criminal classification of the offense can range from a Class C misdemeanor, which may involve a fine, to a first-degree felony, which can carry penalties including life in prison.
Classification of Offenses
- Class C Misdemeanor: Typically involves minor physical contact that is perceived as offensive or provocative.
- Class A Misdemeanor: Involves causing bodily injury to another, including a family member; penalties can include up to one year in jail and fines up to $4,000.
- Third-Degree Felony: Charged when the defendant has prior convictions for family violence, or if the act involves impeding breathing or circulation (e.g., choking); penalties can include 2 to 10 years in prison.
- Second-Degree Felony: Applied in situations of aggravated domestic assault, which may involve a weapon or serious bodily injury; penalties range from 2 to 20 years in prison.
Specific circumstances, such as the use of a weapon or previous convictions, can elevate the severity of the charges.
Most Effective Defense Strategies
Defending You From A Domestic Violence Conviction
If you’re facing criminal charges in Houston following accusations of assault on a family member, securing experienced legal representation is a big part of getting the matter behind you favorably.
At Tad Nelson & Associates, our approach combines a deep understanding of Texas law with a commitment to crafting robust defense strategies. Here are a few defense strategies that might be considered:
- Self-defense: Arguing that the actions were in defense of oneself or another during an incident.
- False accusations: Demonstrating that the accusations were made falsely, perhaps due to emotional disputes. This is usually a tactic used to gain leverage in custody battles.
- Lack of evidence: Challenging the sufficiency of the evidence presented.
If you have any questions, contact us to schedule your free consultation so we can go over your case. Who knows? We might be able to get it dismissed on day 1.
Tad Nelson & Amber Spurlock
Experienced Family Violence Defense Lawyers
As seasoned criminal defense lawyers in Houston with multiple decades of experience, both Tad Nelson and Amber Spurlock bring a wealth of expertise to the fight for your future. The both bring a unique perspective as ACS/CHAL Lawyer-Scientists. This scientific acumen ensures that every piece of evidence is thoroughly analyzed to support our defense strategy effectively.
Board Certification and Expertise
Attorney Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization™. This distinction signifies a proficiency in law that only a small fraction of Texas attorneys have achieved. This specialized knowledge is key, especially in domestic violence cases where the details can determine the outcome.
Facing Criminal Charges in Houston?
If you or someone you know is involved in a domestic violence situation, it’s best to move quickly. Early legal intervention can make a significant difference in the resolution of the case. Contact Tad Nelson & Associates at 713-659-0909 to schedule your free consultation.
We’re committed to respecting your privacy and prioritizing your interests.
We provide legal representation in Harris County, Galveston County, Chambers County, Brazoria County, and Fort Bend County. If you need our help, call us.
