Unfortunately, domestic violence (or “family violence”) assault charges are a lot more common in Texas than most people would think – and they can happen to just about anyone! When you consider how easy it is to be arrested on a domestic violence assault charge these days, it is important to insure that the first family violence charge you face is handled by a competent assault lawyer who will fight to have your assault case dismissed, reduced, or defeated at trial if at all possible. Any sort of guilty plea must be avoided to protect you from potentially devastating future consequences and a stain on your criminal record.
Texas domestic violence laws apply to assaults against a family member, household member, or person with whom you are in a dating relationship. This is a very broad definition, and includes: uncles, cousins, in-laws, and anyone you have ever dated. Also, relatively non-violent actions such as spitting, pushing, poking, or throwing light objects at a domestic partner or family member can constitute an assault. In the DFW area, domestic violence arrests usually occur as the result of a noise complaint, or because one of the parties to the argument calls the police simply to de-escalate the situation.
Very rarely do the police leave a domestic disturbance call without taking somebody to jail – regardless of whether it is truly just under the circumstances. Local police arrive at the scene, separate the parties, and conduct their standard domestic violence investigation. However, the unsuspecting husband and wife (for example) have no idea that – pursuant to standard police protocol when resolving domestic disturbance calls – one of the parties involved is going to be arrested for domestic violence, taken to county jail, and ultimately charged with misdemeanor or felony assault / family violence.
A second chance is hard to come by on Texas domestic violence charges. Being convicted of assault in Texas carries serious penalties and consequences – ones you want to avoid. For one, Texas’ harsh domestic violence laws make it very difficult to keep your criminal record clean. Specifically, if you have even once been charged with domestic violence assault (though never convicted), the fact that you were once arrested for family violence can cause any subsequent domestic violence arrest that occurs inyour lifetime to be enhanced from a Class A misdemeanor offense to a third degree felony (that’s 2-10 years in prison and up to a $10,000 fine!). It also may not be possible to have the domestic violence arrest expunged or non-disclosed from your record – ever. With so much at stake, you owe it to yourself to at least consult with a reputable and experienced local domestic violence attorney. Plano lawyer Andrew Peveto can help you navigate the case so that you do not inadvertently make your situation worse.
Furthermore, if a protective order is filed, you may not be allowed to have contact with the family member you are alleged to have assaulted for a certain period of time. If you and that person live in the same house, that will obviously present major problems upon your jail release. Mr. Peveto can help you navigate these difficult collateral issues based on years of experience and hundreds of assault cases defended in Collin County, Dallas, and the greater DFW area.
Simply put, you can count on Peveto Law to employ the sound legal and practical strategies to provide the best possible defense to the domestic violence charges you face. Peveto Law has had particular success getting assault charges dismissed or greatly reduced in both Collin County and Dallas. Don’t let a momentary loss of your cool lead to a conviction that will stay with you forever. If you have been arrested (or a warrant has issued for your arrest) regarding domestic violence assault charges in the DFW area, contact Peveto Law today to make sure that your future is secure.
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