Denton Domestic Violence Lawyer

Denton Domestic Violence Attorney

Domestic Violence allegations in Denton County can have long term and far reaching consequences and have a serious impact on your future. Many of these allegations stem from divorce and child custody disputes and may have devastating consequence on those proceedings if not properly handled by a knowledgeable Denton domestic violence lawyer.

Many prosecutors’ offices have policies in place that require prosecutors to proceed with a case even after the complaining witness has requested dismissal. The only level of injury necessary for the State to pursue an assault allegation is that one party suffered physical pain. There is no requirement of medical care for any observable actual injury.

What Is Domestic Violence?

In Texas, domestic violence is an act of physical, emotional, or psychological harm, or the threat of harm, against a family member, housemate, or spouse. The state uses “family violence” to describe these offenses. Some common types of domestic violence include:

• Physical abuse: The intentional use of force against a partner or family member. It can include hitting, slapping, kicking, pushing, choking, or use of a weapon.
• Emotional or psychological abuse: This includes behaviors intended to control, intimidate, or undermine a partner’s emotional well-being through acts like verbal insults, threats of harm, manipulation, gaslighting, or isolation.
• Sexual abuse: This can include any non-consensual sexual activity or forcing a partner into sexual acts.
• Financial abuse: This involves controlling a partner’s access to financial resources to create dependence or limit their freedom.
• Technological abuse: Using technology to control, stalk, or harass a partner or former partner.
• Stalking or harassment: Repeated, unwanted attention or behavior that causes fear or distress, such as excessive phone calls or messages, or showing up uninvited at their home or workplace.
• Threats and intimidation: This can include threatening to harm the victim, their children, loved ones, or their property.

Domestic Violence Penalties in Texas

Victims of domestic violence can file a report even if there was no physical injury or lasting harm. A first-time offense can still result in criminal charges. A first-time offense with no physical injury or lasting harm is classified as a Class C misdemeanor and punishable with fines. However, if there was physical injury, the defendant can be charged with a Class A misdemeanor, which can include jail time and fines.

For defendants with prior arrests or convictions of domestic assault, the offense is automatically upgraded to a third-degree felony. This can carry substantial fines and lengthy prison sentences. A domestic violence charge can be a misdemeanor or a felony. The specific charges and penalties will vary based on the circumstances of each case.

Common Defense Strategies

Despite the legal challenges associated with domestic violence charges, there are strategies that your Denton Domestic Violence Lawyer can use to advocate for a fair and just resolution.

Self-Defense

One of the most commonly used defense strategies is self-defense. In Texas, it requires the defendant to prove:

• Imminent danger.
• The force used was proportional to the threat posed to the victim.
• The defendant believed there were no other reasonable means of escape or de-escalation.

Texas has a “stand your ground” law, which permits people to use deadly force in self-defense if they have a reasonable belief that their life or the life of another person is in imminent danger. To strengthen your self-defense case, keep any records of threats or admissions of violent acts from the victim.

Lack of Evidence

Lack of evidence can be an important strategy because the prosecution must prove the crime happened beyond a reasonable doubt. The defense can prove there is insufficient or inconsistent witness testimony, lack of physical evidence, or lack of documentation of the domestic violence or threats.

Alibi

An alibi proves the defendant was somewhere else at the time the crime was committed. This can be done through supporting evidence like receipts, phone records, or surveillance footage. Corroborating witnesses could also attest to the defendant’s whereabouts.

Police Misconduct

Police officers can make mistakes or be influenced by personal biases. The defense can review police records and identify any inconsistencies or violations of their client’s legal rights that lead to the dismissal of charges. This could include being denied access to an attorney, illegal search and seizure, or fabricating evidence.

Ulterior Motivations

In some situations, former partners may attempt to fabricate domestic violence allegations as a tactic during divorce or child custody proceedings. Texas state law provides safeguards against these types of unfounded accusations.

Your Attorney Will Customize Your Defense

At The Law Office of Earl Dobson, we can employ numerous legal approaches to defend against domestic violence accusations. You need a skilled Denton Domestic Violence attorney who will advocate for your rights and ensure you receive a fair trial.

Former Felony Prosecutor – Over 20 Years Experience

Once the accused appears in court, a protective order is typically mandated, the violation of which can result in added criminal charges. A protective order may last anywhere from 90 days to 2 years. If the offender is first sentenced to prison or county jail, the order is even in effect for up to another year after he or she is released.

A conviction for a violation of the protective order is considered a Class A misdemeanor resulting in a fine of up to $4,000 and up to 1 year in prison. If the offender has 2 or more prior violation convictions, the next carries the severe penalties of a 3rd degree felony with up to 10 years, $10,000 fine, and the possibility of being barred to own a gun for up to 5 years after the sentence ends.

FAQs

Q: How Can a Domestic Violence Case Be Dismissed in Texas?

A: While it can be challenging to have a domestic violence case dismissed in Texas, it is possible. It could happen if there was a lack of evidence, the victim recants their story, there were mistakes made by law enforcement, or there is supporting evidence that it was done in self-defense. Additionally, the case may be dismissed if there was a lack of intent or both parties consented.

Q: Can the Victim Drop Domestic Violence Charges?

A: No, in Texas, the victim cannot drop domestic violence charges. They are treated as criminal offenses, which means the crime is considered against the victim and the state, so the prosecutor decides whether to proceed with the case. Some prosecutors may consider the victim’s wishes, but if they believe there is enough evidence without the victim’s statement to proceed, they may continue the case.

Q: Does Domestic Violence Only Involve Physical Abuse?

A: No, domestic violence does not only involve physical abuse. Domestic violence is a broad category that includes various forms of abuse perpetrated against spouses, housemates, or family members. It also can be emotional or psychological abuse, sexual abuse, financial or economic abuse, technological abuse, stalking, coercive control, or threats and intimidation.

Q: Is Domestic Assault a Felony in Texas?

A: In Denton and other areas of Texas, domestic assault can either be a misdemeanor or a felony, depending on the case. A misdemeanor domestic assault charge is typically reserved for a first-time offender. A felony domestic assault is usually charged against someone with prior convictions or aggravating circumstances such as serious bodily injury, the use of a deadly weapon, or strangulation.

Q: How Long Does a Domestic Violence Case Take in Texas?

A: The length of a domestic violence case in Texas will depend on the severity of the offense. The complexity of the case will also be a factor, as well as the number of defendants, if the defendant is willing to take a plea deal, and how busy the court’s schedule is.

Denton Criminal Defense Attorney That Will Defend Your Rights

At the Law Office of Earl Dobson, we have extensive experience in dealing with assault and domestic violence cases in Denton County. Earl Dobson gives his clients accurate, straightforward advice on what the best plan of action is when evaluating these cases.

Domestic violence and assault cases often involve issues of self defense, mutual combat or consent (where both parties are participating voluntarily) and the States inability to prove a case because of witness problems.

Contact the Denton Law Office of Earl Dobson today at the phone number above or fill out the contact form to set up a free initial confidential consultation. You will be able to discuss your options and have your case evaluated by Earl Dobson, a Board Certified Criminal Lawyer. In the consultation we can discuss the following:

• The level of charges that may be brought
• Possible defenses such as self defense or consent
• Problems the State will face if they proceed to trial
• The Likelihood that the case would be dismissed or that a favorable plea agreement could be reached