Cedar Park Domestic Violence Attorneys 

How Is Domestic Violence Charged in Texas? 

The crime of family violence, or domestic violence, as it’s more commonly known, can be charged as a misdemeanor or felony, depending on the circumstances. 

Some of the factors that influence how you could be charged include: 

• Your relationship to the alleged victim
• Whether you’ve been charged with domestic violence before 
• The type and degree of assault allegedly involved 
• The alleged presence of any aggravating factors, such as the use of a weapon 

For example, if you have never been charged with domestic violence before, and there were no aggravating factors involved, you could be charged with a Class A misdemeanor. This would mean you could up to a year in jail and fines of up to $4,000. However, if you have been convicted of domestic violence in the past, or if the alleged assault involved strangulation or suffocation, you could be looking at felony charges, which carry much harsher penalties. The most severe domestic violence charges in Texas are first-degree felonies, which come with a minimum sentence of 5 years and the possibility of up to 99 years in prison, as well as up to $10,000 in fines. 

What Is “Continuous Violence Against the Family?”

The crime of “continuous violence against the family” is a domestic violence enhancement that occurs when someone allegedly commits at least two separate acts of domestic violence within a 12-month (one-year) period. A person does not have to be convicted, and it does not matter if both charges were misdemeanors; if you are charged with domestic violence twice in one year, it can trigger this enhancement.   

In Texas, continuous violence against the family is charged as a felony. Penalties include up to 10 years in prison and fines of up to $10,000. 

Is Stalking a Form of Family Violence in Texas? 

Stalking is not always considered family violence, but it can be, depending on the relationship between the two parties. For example, if your ex-spouse accuses you of engaging in activities that fall under Texas’s definition of “stalking,” such as following them or sending them threatening mail, you could be charged with a family violence crime if the behavior allegedly escalates to assault. 

The accuser could also take out a protective order against you, which can result in several significant consequences, including losing your right to contact that person in any way, see your kids, or even go home if you share a house with the person who took out the order. If you are accused of violating a protective order, you could face serious criminal penalties, such as imprisonment and up to $10,000 in fines. 

Possible Defenses to Domestic Violence Charges in Texas

Several defenses may apply to your case, and a Cedar Park domestic violence attorney at our firm can help you determine the best course of action.

Some possible defenses to domestic violence charges in Texas include: 

• No Offense Occurred: This involves proving that you did not, in fact, commit an offense against your accuser. In other words, this is the innocence defense. 
• Lack of Intent/Knowledge: To convict you of domestic violence, the prosecution must prove that you “intentionally, knowingly, or recklessly” caused bodily injury to the defendant or threatened to cause injury to the defendant or that you “intentionally or knowingly” engaged in conduct that you knew would offend the defendant. This defense rests on proving that you had no intention of causing harm or threatening harm, or that you did not intentionally do something that you knew the other person would find offensive or provocative. 
• Self-Defense: In some cases, it may be possible to prove that you were acting in self-defense. This is considered a valid defense to assault charges, including domestic assault or family violence.