Two Types of Domestic Violence in Texas

By March 15, 2024March 18th, 2024Domestic Violence

Domestic violence happens when a family or household member physically or emotionally abuses another member or abuses them sexually. Children who witness the abuse also are considered victims in these cases.

Two major types of domestic violence are physical/emotional abuse and sexual abuse. Defining these crimes is helpful both in reducing family violence and defending those who have been accused of the crimes.

If you have been arrested for domestic violence, immediately contact a Texas, Fort Worth domestic violence attorney.

Physical and Emotional Abuse in Family Situations

Family violence incidents often involve severe physical or emotional abuse between individuals tied by blood, marriage, intimate relationships, or residing in the same household. These sensitive cases invoke additional legal considerations, given the complex interpersonal dynamics and heightened physical and psychological harm that vulnerable victims often endure before coming forward with a claim.

Understanding Physical and Emotional Abuse in Texas Family Violence Cases

Texas law takes domestic abuse allegations very seriously, with specialized statutes covering assaultive offenses occurring within familial relationships. Charges range from misdemeanors to serious felonies depending on abuse specifics, weapons involvement, and whether physical or emotional abuse occurred.

Defining Physical Abuse 

Legally recognized physical abuse encompasses assaultive acts like hitting, punching, kicking, burning, choking, and other intentional actions causing bodily injury to a family member. Texas assault laws categorize the severity based on injury type – from minor cuts and bruises to broken bones, strangulation attempts, concussions, and knife or firearm-inflicted wounds. Sentences escalate accordingly.

Statistics reveal that one in four women and one in seven men over the age of 18 experience extreme physical family violence in the US. Many people also face accusations of abuse.

Emotional and Psychological Abuse

Besides physical harm, Texas law also acknowledges emotional and psychological abuse within families in domestic cases. While terms like “verbal assault” get thrown around colloquially, legally recognized emotional spousal abuse involves sustained coercive, threatening, intimidating, isolating, stalking, or controlling behaviors. 

For example, husbands may abuse wives emotionally by restricting access to financial resources and manipulating children in a relationship. They may foster dependence with verbal abuse, which leads to domestic violence charges without physical battery.

No matter what the accusations against you entail, you need immediate representation from a criminal defense lawyer in Texas who can fight your charges.

Penalties Under Texas Family Abuse Laws

Flat lay arrangement featuring a figurine and gavel on a wooden surface, symbolizing family law concept.

In Texas family violence cases, prosecutors can file charges as general assault offenses or specialized domestic abuse violations. Certain circumstances also necessitate restraining orders between parties sharing children, property, or residences to prevent continued exposure to abuse during legal proceedings.

Misdemeanor Charges:

Class A misdemeanors for domestic simple assault by way of physical, emotional, or economic abuse can lead to one year in jail per offense. Fines up to $4,000 also apply.

Felony Charges:

Intimate partners choking and impeding breathing or circulation during abuse jumps to a third-degree felony domestic violence charge—two to 10 years prison time per count. Serious bodily injury felonies range higher still.

Child Abuse:

Inflicting physical, mental, or emotional injury on a minor family member draws additional penalties per count with prison time based on abuse specifics. Counseling, probation, and Child Protective Services intervention often accompany these types of family violence charges.

Protective Orders: 

Judges commonly issue emergency protective orders during an initial arrest and arraignment to prevent alleged domestic abusers from returning home or contacting victims throughout adjudication. These court orders carry their own penalties.

Factors that Step Up Abuse Charges

Hands of a man pressing the text "Stop Abuse".

Texas law enhances domestic abuse sentences further if victims are pregnant, elderly, disabled, or the assault involves weapons. Relationship dynamics like prior complaints, divorces, violated protective orders, or mutual disputes also impact cases.

Don’t Go It Alone

Domestic disputes turned abusive rarely play out in a straightforward manner. This is due to issues such as finances, parental rights, accusations, and related grievances. Skilled criminal defense attorneys are often needed as they clarify the actual events of a case.

Often, emotions and family ties cloud judgments. That’s why a family violence attorney provides valuable and objective guidance.

Going through a family violence case solo tends to dig victims into a deeper hole. Competent legal representation not only regularly results in better outcomes but often prevents further problems within the family.

Sexual Abuse Charges for Family Violence

Alongside common physical assault and emotional abuse allegations, extremely sensitive cases involving accusations of sexual molestation, assault, and incest, unfortunately, may emerge in family relationships. If you face this type of charge, you need the strongest defense possible from a Texas criminal defense lawyer.

Penalties for Sexual Abuse  

The Texas Penal Code takes sexual abuse within families very seriously. Courts may enhance general sexual assault sentences and require specialized counseling for misdemeanor-level crimes.

Victims and their families have the right of allocution. They are allowed to give a brief statement to the defendant about how the crime has impacted their life. This takes place after the perpetrator is sentenced for their crime.

Defining Family Member Sexual Abuse

Again, legally recognized family member sexual abuse in Texas includes acts like incest, child molestation, intimate relations between underaged family members, drug or alcohol-facilitated assault by relatives, marital rape, parental abuse, unwanted touching by family, and similar behaviors within households – considered sexual violations and taboos.

Incest Charges

Incest charges apply regarding sexual activities and contact between family members – legally defined as consanguinity incest regardless of participant consent. 

Molestation and Rape – Parental Abuse

Sexually abusive acts like fondling, groping, rape, or exploiting a minor family member always bring serious felony-level family violence charges against older abusive relatives or adult members in a family. 

Protective Orders and Removal

Family problems harm kids. End child violence, prevent abuse, reunite them with family.

Judges instantly issue emergency protective orders separating an alleged family member sexual abuser from a residence shared with victims during initial arraignment stages. This prevents continued access, harassment, intimidation, and abuse throughout evidentiary proceedings.

Temporary emergency child custody orders through Texas Child Protective Services also remove endangered minors from dangerous households until courts determine final placements, parental rights adjustments, and family reunification viability after a conviction.

Facing domestic violence or sexual abuse charges can destroy family foundations and risk your reputation without steady legal guidance. The trauma invoked by these allegations makes competent defense attorney partnerships imperative.

Specific Penalties in Family Violence Cases

If you strangle a family member or another member of your household or you assault them and hurt them, you’ll get charged with a Class C Felony. This can lead to prison time from two to 10 years. This charge also applies if you’ve had a previous conviction.

For sexual abuse, the charge escalates to a second-degree felony, a charge that carries prison time of two to 20 years.

A first-degree felony may apply when aggravated assault happens in the household against a dating partner, family member, or another household member. If you use a weapon or cause serious bodily harm, the charge escalates to this level. This charge also applies if the perpetrator is accused of sexual assault (or rape) for a second time.

Potential Defenses Against Domestic Violence in Texas

One possible defense against a domestic violence charge is self-defense. If your criminal defense attorney can prove that you acted in self-defense to protect yourself or others from harm, it may serve as a valid defense in court. Your attorney can help gather evidence, such as witness testimonies or security camera footage, to support this defense strategy.

Wooden blocks spell "Domestic violence law" - representing legal concept.

Another defense strategy is mistaken identity. In some cases, individuals may be falsely accused of domestic violence due to mistaken identity. It is not uncommon for people to confuse or misidentify individuals in high-stress situations. Your attorney can investigate the circumstances surrounding the accusation, interview witnesses, and gather evidence to prove that you were not involved in the alleged domestic violence incident.

Additionally, consent can be a defense in certain situations. If both parties involved in the alleged domestic violence incident consented to the actions or conduct, it may be argued that there was no criminal intent or wrongdoing. However, note that consent as a defense can be complex and requires a thorough understanding of Texas law.

A domestic violence charge in Texas can be overwhelming and emotionally draining. Engaging the services of a skilled criminal defense attorney will provide you with the guidance and support needed to mount a strong defense. Your attorney will thoroughly examine the details of your case, identify any potential defenses, and work tirelessly to protect your rights and obtain the best possible outcome.

How a Criminal Defense Lawyer Can Help You in a Family Violence Case

A domestic violence lawyer can help defend you against allegations in a family violence case in several key ways. Each case is different, with unique circumstances leading to allegations, so your criminal defense attorney should tailor their approach to your specific situation.

Push for Dismissal

Experienced family violence attorneys thoroughly investigate the context of domestic disputes and check for inconsistencies, credibility issues, or the ill intent of an accuser, arguing for dismissals for unfounded claims.

Refute Exaggerated Accusations 

When altercations occur, legal advocates may reframe exaggerated abuse accusations by highlighting mitigating factors – like self-defense or a pre-existing medical issue. By using this strategy, they might reduce a felony charge to a misdemeanor-level crime or match the crime to the actual injury.

Leverage Relationships and Circumstances 

Defense lawyers consider all elements in family violence cases to advocate for judicial leniency – highlighting extreme circumstances, financial hardships, the presence of children/elderly dependence, and other complicating factors. Doing so can sway the prosecutor to relax the sentencing or the verdict. 

Argue Alternative Resolutions 

Rather than applying solely punitive measures, which can further fracture struggling families, defense attorneys negotiate alternative probationary resolutions like deferred adjudication to eventually dismiss abuse charges. This is done after completing anger management counseling, addiction support, or another rehabilitation program outside of the court.

Clarify Confusing Arrests 

The heightened emotions and chaos of domestic disputes that lead to an arrest may result in confusing witness accounts or technical charging errors made by the police. A skilled attorney can unravel this information to invalidate the ensuing allegations. Vague injuries, unclear weapons reports, and missing evidence can also undermine a prosecutor’s case. 

What to Do If You’re Arrested and Accused

If you are accused and charged with family violence but wish to maintain your innocence, here are key steps to take:

A woman subjected to domestic violence, restrained by her husband with handcuffs.

Do Not Resist Arrest 

First and foremost, do not physically resist officers who believe the accuser’s accusations of domestic violence – no matter how unjustified the allegations may seem. This will only yield additional charges.

Decline Commenting 

Politely decline trying to “tell your side of the story” on the scene to police. Comments made under stress with emotions running high can easily be misconstrued and used out of context. Assert your right to remain silent. Ask to speak to an attorney.

Retain an Attorney Immediately 

Contact and retain an experienced family violence defense attorney as soon as possible after charges are filed. Doing so will help you spearhead a defense against damaging allegations. Do not delay. Early intervention is critical for competent representation.

Be Honest with Your Lawyer

Be totally candid with your lawyer. Everything will be in strict confidentiality. This will allow your attorney to understand the circumstances fully when investigating your claim and reviewing an accuser’s credibility.

In turn, they can respond to the prosecution’s discovery requests while piecing together a timeline and formulating a defense strategy. This will make it easier for them to get your case dismissed or seek an acquittal. Remember – half-truths undermine successful outcomes.

Comply Fully with Court Orders

Attorney Brandon Fulgham
Forth Worth Domestic Violence Attorney, Brandon Fulgham

Strictly adhere to a no-contact rule, mandatory counseling, or other court order meant to keep you from reaching out to or approaching your accuser. Violations incur additional charges. So, prioritize your long-term future freedom over short-term impulses.

Remember that the wheels of justice turn slowly but deliberately when due process runs its proper course. Your Fort Worth personal injury lawyer will be your guide and advocate through the criminal justice system.