Domestic Violence

Assaultive offenses generally include assault, battery, domestic violence, aggravated assault, and homicide. If you are charged or arrested for one of these crimes, you need to consult with a criminal defense attorney as soon as possible. The lawyers at Gunter and Bennett are well versed in assaultive offenses. Please note that the criminal laws in Texas involve a separate process when a juvenile is charged with a crime.

Domestic Violence

We are one of Austin’s top domestic violence lawyers. Family Violence, Domestic Violence, and Dating Violence are generally lumped together under the term “domestic violence.” If you are involved in an assault where one of the other parties is a family member, roommate, or your boyfriend or girlfriend, it’s a whole different ball game. Texas law takes domestic violence very seriously. Make sure you have the right Austin domestic violence lawyer.

Assuming no bodily injury or choking occurred (and we’ll choking below) domestic violence assault is generally a Class A Misdemeanor. When a person is convicted of domestic violence—or even successfully completes deferred adjudication and has their case dismissed—the court enters a “Family Violence Finding.” This family violence finding will follow you for the rest of your life. If you are ever arrested a second time for family violence, the charge gets bumped up from a Class A Misdemeanor to a Second Degree Felony.

Since this is Texas, it’s important to note that if you have a family violence finding, you may never own or possess a firearm or ammunition. To do so is against state and federal law.

Texas law has also recently changed regarding domestic violence. Under the new law, if you “impede the normal breathing” of a person in the course of committing the offense of domestic violence, you will be charged with a second-degree felony (as opposed to a Class A Misdemeanor).

Since the change in the law, all of our clients who have been charged with domestic violence and who have put their hand somewhere around or on the other person’s neck or throat have been charged with a second-degree felony.

Understanding Domestic Violence Charges: What You Need to Know

Domestic violence charges can have life-altering consequences, making it essential to comprehend the nuances of these allegations. In this guide, we will explore what constitutes domestic violence, the different types of domestic violence (physical vs. emotional abuse), and address common misconceptions about domestic violence.

What Constitutes Domestic Violence?

Domestic violence, often referred to as family violence or intimate partner violence, encompasses a range of abusive behaviors that occur within a domestic or familial relationship. These behaviors can include physical violence, emotional abuse, threats of harm, and more.

Types of Domestic Violence: Physical vs. Emotional Abuse

Physical Violence: This type of domestic violence involves the use of force or physical harm against a family member or partner. It can manifest as hitting, slapping, punching, choking, or any act that causes bodily injury. It’s crucial to understand that physical violence is not limited to overt acts; it also includes the threat of physical harm.

Emotional Abuse: Emotional abuse is equally damaging but often less visible. It encompasses behaviors such as manipulation, controlling actions, verbal threats, humiliation, and isolation. Victims of emotional abuse may suffer severe psychological harm.

Common Misconceptions about Domestic Violence

Only Physical Abuse Counts: One of the most prevalent misconceptions is that domestic violence only involves physical harm. In reality, emotional abuse can be just as detrimental, and the law recognizes it as domestic violence.

False Accusations Are Rare: Some believe that false accusations of domestic violence seldom occur. However, misunderstandings, personal vendettas, or miscommunication can lead to false claims. It’s essential to consult with a domestic violence attorney if you’re facing such allegations.

Victims Should Just Leave: Another misconception is that victims of domestic violence can easily leave abusive relationships. Factors like financial dependence, fear, and emotional manipulation often make leaving an abusive situation incredibly difficult.

Understanding domestic violence charges involves recognizing that it encompasses both physical and emotional abuse, as well as dispelling common misconceptions. If you or someone you know is facing domestic violence allegations, seeking legal counsel from an experienced domestic violence attorney or criminal defense lawyer is crucial to ensure your rights and interests are protected.

In accordance with Texas Family Code § 71.004, individuals involved in relationships such as dating or cohabitating partners, ex-spouses, former partners, and current spouses are all eligible for legal protection under state law.

If you or someone you care about has experienced family violence, assault, or has been falsely accused of domestic violence, our seasoned team of Austin family law attorneys possesses a wealth of expertise in addressing a wide range of domestic violence cases.