Domestic Violence Laws

Understanding the Domestic Violence Laws in Texas

The definition of domestic violence crimes in the state is wide. Though we believe that domestic violence is an offense that occurs between wives and husbands or people who are dating. There are many classifications of this offense. 

Domestic violence includes aggravated domestic assault, domestic assault and also continuous violence against the family. If you are involved in domestic violence, you can hire a domestic violence lawyer. However, you have to be aware of the crime and the laws dealing with the crime. 

Who can bring domestic violence charge?   

The following can be the victim of domestic violence and bring the charge: 

  • A member of the family 
  • A member of the household of the accused. 
  • Anyone having a child or children with the alleged offender. 
  • Former or current spouse. 
  • A foster parent or child of the alleged offender. 
  • A family member by adoption, blood or marriage. 
  • Anyone living with the offender. 
  • Child or children of a former partner or spouse. 
  • Anyone the alleged offender is dating or having a romantic relationship with. 

Following are the three main misdemeanors of domestic violence in the state:

  • Causing bodily injury intentionally, recklessly or knowingly. 
  • Threatening with bodily injury intentionally or knowingly.  
  • Causing physical contact with a known person knowingly or intentionally. 

Some of the domestic assaults are also classified as felonies. These are offenses in which the accused has been convicted on charges of domestic violence assault. If there is a prior assault conviction, the charge will be a third-degree felony. 

Choking or strangulation is also included in third-degree felonies. Aggravated assault is charged as a second-degree felony. The charge becomes a first-degree felony if the defendant has used a weapon and caused serious injury. 

The option of community supervision or probation is also used in some domestic violence cases. The defendant will have to pay up to $100 with fines, probation costs, and other court costs. The defendant and the victim, both might have to receive counselling. The defendant will pay for the counseling of the victim.      

If the offender has committed domestic violence at least two times in a span of one year, this is continuous violence against the family. 

What are the domestic violence sentences in Texas? 

The range of potential sentences includes from a fine of $500 to jail time of 99 years. The punishment depends on the seriousness of domestic violence. The possible sentences include: 

  • A fine of up to $500 in the case Class C misdemeanor. 
  • A fine up to $2000 or six months incarceration, or both in the case of Class B misdemeanor. 
  • A fine not over $4,000, or up to one year in jail or both for Class A misdemeanor.  
  • A fine up to $10,000 and jail time of 2 to 10 years if it is a third-degree felony.       
  • A fine up to $10,000 and jail time from 2 to 20 years. 
  • A fine up to $10,000 and 5 to 99 years in jail in case of a first-degree felony. 

If you are convicted of domestic violence charges, you will lose the right of carrying a firearm. You will also lose some other rights as well. 

If you are accused of domestic violence and want to prove your innocence, find a domestic violence defense lawyer.

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