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Domestic Violence Lawyers

Domestic violence refers to both the criminal and civil branches of the law. It’s vital to remember that, as a victim of domestic abuse, your prosecutor does not defend or advocate for you in court. For example, if you want to “drop the charges” or terminate a protection order, the prosecutor is under no obligation to do so. Instead, they are focused on pursuing the criminal case on behalf of the city or county. Furthermore, court-appointed advocates may not always follow your instructions or satisfy your requirements.

Texas Personal Injury Lawyers safeguard the civil rights of domestic violence survivors throughout the legal process. Following a case of domestic abuse, we can also assist you in obtaining the appropriate compensation. Call us at (888) 997-2148 for a free and no-obligation consultation.

Domestic Violence Civil Claims

A person who has been subjected to domestic abuse (the plaintiff) may bring a number of different sorts of civil claims against the abuser (the defendant), including assault and/or battery, as well as intentional infliction of emotional distress.

The physical suffering and agony component of a civil assault and battery claim may be significant if the bodily harm caused by the abuse is severe. Assault (without battery) and intentional infliction of emotional distress are tort theories that, by their nature, do not require physical contact.

However, even when the physical damage is “limited” to bruises, emotional suffering and agony that a domestic abuse victim endures can be significant. Furthermore, many instances of domestic violence will include years of abuse. A plaintiff’s lawsuit does not have to be limited to one instance of abuse and damages may be based on the overall impact, both emotional and

While the plaintiff’s emotional trauma and suffering may appear self-evident, employing an expert witness is almost always beneficial, and in some circumstances essential. Expert witnesses are permitted to testify when jurors do not have the knowledge or experience to render a sound judgment on whether a person was harmed and how much.

A psychologist, psychiatrist, marital counselor, or other mental health expert might be able to make a powerful case for the jury by describing how much damage domestic abuse can do.

If the plaintiff claims to be suffering from a certain sort of mental health condition (for example, post-traumatic stress disorder), the court will almost certainly demand expert diagnosis and testimony. Learn more about how medical therapy may influence a personal injury case’s value.

Types Of Domestic Violence In Texas

By statute in Texas, there are three different forms of domestic violence:

Domestic assault

Even just a verbal threat against a victim who is in an intimate relationship with the defendant is considered assault. These connections must be validated in court and are given their own category (listed below).

Aggravated Domestic Assault

If the defendant’s conduct caused serious bodily injury to the victim or if he was discovered using a deadly weapon during the assault or while threatening it, this is considered “aggravated domestic assault” in Texas. These crimes are typically carried out with weapons of mass destruction.

Continuos Violence

If a defendant has already been involved in two or more domestic assaults, the “continuous violence against the family” charge may be submitted to the court. This charge applies whether the previous incidents were only arrests and not convictions.

What Is The Definition Of Domestic Violence In Texas?

When violence is used against someone who is in a relationship with the defendant, it’s considered “domestic” assault. The following relationships are classified as follows:

Current or ex-spouse
Current or ex-girlfriend or ex-boyfriend
Parent of your child
Child of current or ex-spouse
Foster child or parent of a foster child
Other blood and adopted relatives
Roommate

To be considered threatening or violent, the act of assault must also follow certain criteria. Domestic violence is defined in Texas law as an act of assault or a threat of bodily harm against anybody who is in a dating relationship with you. The crime may or may not involve physical touch.

A Class A misdemeanor is the most severe charge that a person may receive in Texas for domestic violence. Defendants can be fined and sentenced, including to a Class A misdemeanor, if they are first-time offenders. Prior convictions might lead to a third-degree felony sentence, as defined in Texas domestic violence laws.

Statute Of Limitations On Texas Domestic Violence

In Texas, you have three years from the date of the alleged incident to bring a civil claim. You may not be able to take a case to court or punish the offender if there is little evidence, and this situation may arise.

Evidence that may help your case includes:

Documentation of abuse, such as text messages or emails
Photos of marks and other signs of maltreatment
Eyewitness statements
Voice recordings (These are typically not admitted to court unless the defendant knew they were being recorded.)

What You Should Know About Texas Domestic Violence Penalties

The following are some of the most important elements to consider when assessing domestic violence in Texas:

Victims don’t have to be physically touched to file a domestic assault report.
A Class C misdemeanor and a $500 fine are the penalties for a first-time offense if no physical harm or long-term damage was caused.
A Class A misdemeanor is chargeable if the individual was assaulted and there was no physical harm, or even a little discomfort, such as a slap. Depending on how bad it got, these charges might lead to a year in jail and fines of up to $4,000.
Choking, even if it is the first offense, might result in a third-degree felony charge and up to 10 years imprisonment in Texas.
Prior convictions or prior arrests will result in an upgrade to a third-degree felony, which comes with larger penalties and up to ten years in prison.

Aggravated Domestic Violence in Texas

Texas considers the charge “aggravated domestic assault” for any acts of abuse that cause significant bodily harm to the victim or were committed with a deadly weapon. This is any assault or threat of an assault while armed, whether severe physical injury is inflicted on the victim or not.

These are instances in which the victim was subjected to a great deal of suffering or there was an immediate risk of death using a deadly weapon. If, for example, an ex-spouse brandished a gun at you in a parking lot and threatened to harm you.

Deadly weapons covered by this accusation include:

Firearms
Knives
Brass knuckles
Baseball bats
Certain types of rope

Other items, depending on how the weapon was used against the victim, might be considered deadly weapons. These are second-degree felony charges under Texas’s domestic violence laws.

Continuous violence In Texas

In some circumstances, adults may be charged with a third-degree felony, which entails a longer jail sentence and higher fines. The costs to defend oneself against a domestic assault charge start at $5,000. The defendant must have been arrested for domestic assaults at least twice before being charged with this offense. This is true even if the defendant was not found guilty on those charges.

If the victim was a different person, or if the crime was committed years in the past, the penalties are identical. A prison sentence of two to ten years is possible.

The best way to obtain a proper and just decision is through legal representation. If you’re looking for assistance in the aftermath of a domestic violence incident, contact Texas Personal Injury Lawyers right now.

Contact Us Right Away For Your Free Consultation

Please contact Texas Personal Injury lawyers now at (888) 997-2148.

Our personal injury attorneys are eager to assist you in your toughest times. Client satisfaction is our top priority, and thousands of our former customers can verify our care and skill while outside of the courtroom.