Austin, Texas Family Violence Attorney

Family Violence Overview: What is Domestic Violence?

Family violence and domestic violence charges are probably taken more seriously than any other misdemeanor charge in Texas.  Whenever a violent act occurs between family members, spouses, domestic partners, members of the same household, former partners or people involved in a relationship, the abuse is often referred to as “family violence.” If you are being accused, arrested or charged with family violence  or assault causing bodily injury to a family member in Austin, Texas, it is imperative that you contact an experienced Austin lawyer immediately.

The Call to 911

Often in the heat of an argument, a spouse, boyfriend, girlfriend or family member will call the police because they hope that this will bring calm to a domestic situation. Often they don't realize that this will result in someone going to jail and domestic violence charges being filed by the State.

In Austin, if the police are called and there are accusations of family violence, someone will almost always be arrested for assault causing bodily injury to a family member. They will then be taken to the Travis County Jail and a protective order may be filed.  A misdemeanor conviction for assault causing bodily injury to a family member could result in a year in the county jail. A felony conviction can result in two or more years in state prison.

Once the case moves into the courtroom, the State will use whatever strategies or tactics it can to convict the defendant, even if the complaining witness no longer wishes to pursue the initial charges. This is especially true with family violence assault charges in Austin and the surrounding areas.

Penalties for a Family Violence Conviction

An assault causing bodily injury to family member (family violence) conviction can lead to a number of life-altering and long-term penalties, including up to one (1) year in jail, fines up to $4000.00, anger management or family violence classes, probation, and a finding of family violence that may affect the custody of your children. If you have a prior family violence conviction, you could face up to ten (10) years in prison, as well as a fine up to $10,000.00. The penalties also increase if the violence is aggravated in any way with a weapon or if you cause an injury to a child. Depending on the circumstances, you may also be prohibited from contacting the complainant for an extended period of time, thereby preventing you from spending time with your loved one. 

Unlike most criminal offenses in Texas, you can never seal your criminal record if you are convicted of a family violence crime or accept deferred adjudication with a finding of family violence. To avoid these significant penalties, it is critical that you contact Kevin Bennett, a domestic violence defense lawyer in Austin.

For more information on protective orders, please click here.

The Truth about Getting Family Violence Charges Dropped

If you have been charged with assault causing bodily injury to a family member or family violence, the state abides by a "No Drop" policy which means that once a complaint has been filed, the complaining party does not have the option of simply "dropping" the charges. This is often the case with protective orders as well. Instead the state will pick up the charges and you will be taken to court, regardless of the complaining party's wishes. We can explain several options that, in spite of the "No Drop" policy, CAN result in a dismissal, especially if you and your partner are now reconciled and cooperating.

Unfortunately, recent laws intended to protect victims, often victimize innocent individuals. District and County attorneys often pursue family violence cases even when the alleged victim admits that they lied about the abuse, or the police exaggerated their complaints. Prosecutors believe the victim is protecting their alleged abuser from jail or a criminal record.