Dallas Domestic Violence Defense Lawyer

Dallas Domestic Violence Defense Attorney

The term “domestic violence” can apply to any type of assault, abuse, or other harm committed within a family and/or household. Texas prosecutors take domestic violence cases very seriously and tend to pursue conviction in these cases very aggressively. If you have been charged with any kind of domestic violence, it is crucial that you connect with an experienced Dallas domestic violence defense lawyer at your first opportunity.

Even being accused of domestic violence or assault is a serious matter. It’s one that is often emotionally charged, but you have to ensure that you have someone representing your interests during this time as well. A dedicated Texas criminal defense lawyer from Harris & Harris can step in to help you with domestic violence allegations as soon as possible so that you can reduce or eliminate the fear and stress of a possible conviction. Your choice of lawyer makes a big difference, so make sure you retain someone who has the experience and commitment to follow through.

Why You Need a Dallas Domestic Violence Defense Lawyer

The US Constitution preserves two very important rights that come into play whenever you are arrested. First is your right to remain silent when arrested, protected by the Fifth Amendment. You are not required to answer any questions from the police in regards to the facts or allegations that you are arrested for. The Sixth Amendment preserves your right to legal counsel, so you should remain silent until you can speak with an attorney.

Your Dallas domestic violence defense lawyer can help determine the most viable defenses available to you in your current situation. Some of these defenses may not be immediately apparent, and it may be in your best interest to consult with an attorney before deciding on whether  you need to either disprove a false allegation made against you, prove that you acted in self-defense and that your accuser was actually the aggressor, or determine your most viable options for reducing your penalties in sentencing.

The Harris & Harris Law Group, PLLC, can work closely with you through every stage of your case. We can examine the arrest report and determine whether the arresting officers upheld due process or if any procedural violations occurred in their handling of your case.

Allegations of DV in Texas

Allegations of domestic violence can be among the most challenging cases and the most disruptive to an individual’s life and future rights. A charge of family violence can result in a protective order, preventing the accused from even returning home. It can impact family court proceedings such as divorce, child custody, and visitation. It can even affect an individual’s ability to possess or own a gun.

A finding of family violence by a court could result in increased punishment for the current or future cases. A conviction or even a deferred adjudication probation involving a finding of family violence cannot ever be cleared from someone’s record. For allegations this serious, contact us today to discuss your rights and your future.

Defining Family Violence in Dallas

Family violence allegations are often the most disputed of criminal charges. There are two sides to every story, but nowhere is that more evident than in family violence cases. The terms “domestic violence” and “family violence” mean that the criminal charges involve people who:

• are married;
• used to be married but are now separated or divorced;
• have or used to have a dating relationship;
• live in the same household;
• used to live in the same household;

It is important to remember that the parties involved in a domestic violence case do not necessarily need to live together if they are related for the case to qualify as a domestic violence case. The relationship between the accused and the accuser is the most important point of consideration when it comes to determining whether a case qualifies as domestic violence.

Many different criminal offenses can include an allegation of family violence. Some examples include:

• Class C misdemeanor assault (ticket)
• Class A misdemeanor assault
• Felony assault enhanced
• Felony assault impeding the ability to breathe
• Stalking
• Kidnapping and Aggravated Kidnapping
• Aggravated Assault with a Deadly Weapon
• Aggravated Assault causing Serious Bodily Injury
• Murder
• Capital Murder

It is important to understand that many offenses prosecuted as domestic violence have similar counterparts in the standard criminal code. For example, threatening to hit something and then following through with the threat would constitute assault and battery. If this occurs between members of a family or household, then it would constitute domestic assault and battery.

Penalties for domestic violence are often more serious than their standard counterparts. The defendant faces not only enhanced penalties from sentencing in criminal court but also possible ramifications in the family court system. They could be forced out of their home and lose custody or visitation rights.

Potential Defenses in Your Domestic Violence Case

Many domestic violence cases are difficult to understand if there is a lack of eyewitness testimony. Many of these cases in Dallas involve the accuser’s word against the accused, and sorting through the physical evidence of the situation can be challenging. Unfortunately, domestic violence is one of the most common false accusations, and it is possible for the accuser to use an accusation to seek advantage in a divorce or child custody dispute.

In this situation, the law can appear to automatically side with the accuser. The individual falsely accused of domestic violence may feel as though they have been treated unfairly, and they may not know how to assert an affirmative defense in this situation. It is also possible for the aggressor in a physical altercation to falsely accuse the victim of starting the fight.

Your Dallas domestic violence defense lawyer can listen to your side of the situation and help determine the most effective way to expose the truth of the matter. False accusations can be dismantled through cross-examination and by securing exculpatory evidence that proves the accused could not have committed the offense. Your attorney can construct a unique defense tailored to your circumstances.

Other Criminal Charges in DV Cases

There are other possible charges related to domestic violence that might not directly allege family violence but commonly accompany those that do. Examples include Interference with an Emergency Telephone Call and Violation of a Protective Order.

The range and type of punishment for a family violence offense depend on many factors, including whether the charge is a felony or a misdemeanor and whether someone has a criminal history.

Some cases may be eligible for probation. If someone is placed on probation for an offense involving domestic violence, the conditions of probation imposed on an individual can be challenging and costly. For example, a court may impose a no-contact order preventing contact with a spouse and/or children, order the completion of a lengthy and expensive batterers’ intervention counseling program, and more.

In addition to the criminal consequences, the effects of a sentence imposed for a domestic violence charge can have other wide-ranging implications, affecting immigration, professional licensing, school admission, employment and more.

How Your Dallas Domestic Violence Defense Lawyer Can Help

It is imperative to understand your constitutional rights when you have been accused of domestic violence. Once you are placed under arrest, exercise your right to remain silent until you can speak with a defense attorney. If you were falsely accused, you may feel compelled to argue your side of the situation, but this will rarely work out in your favor. Remaining silent does not make you appear more guilty, either. Exercise your rights fully until you have legal counsel.

Your Dallas domestic violence defense attorney can examine the police report from your arrest to ensure that due process has been followed and the arresting officers respected your rights. If you have been falsely accused of domestic violence, this may seem difficult to prove as many such cases boil down to one party’s word against the other’s, but we can help determine how to clear your name most effectively.

Our goal in every criminal defense case we accept is to help our client avoid conviction if possible, but if they did break the law and the prosecution has more than enough evidence to secure a conviction, we will do everything we can to help our client avoid the worst possible penalties that could be assigned to them. This may entail plea bargaining with the prosecution if it’s in the client’s best interest.

It is important to remember that a domestic violence case has the potential to open the door to a civil suit from the alleged victim. They may seek compensation for damages such as medical bills and pain and suffering. Your defense attorney may prove invaluable not only in your criminal case but also in assisting you in minimizing your financial liability to the victim.

You can expect responsive answers to your questions, thoughtful consideration of any concerns you may have about the direction of your case, and unwavering support through all your criminal court proceedings when you choose our firm as your Dallas, TX domestic violence defense lawyers.

DALLAS ASSAULT & DOMESTIC VIOLENCE ATTORNEYS

Cases involving assault and domestic violence are serious allegations and you need a strong advocate on your side. It is crucial that you secure criminal defense representation you trust at your first opportunity after an arrest for any type of domestic violence. Your Dallas domestic violence attorney can help you prepare the most effective defense against the charge. Contact the attorneys of the Harris & Harris Law Group, PLLC, today to discuss your rights under Texas law.