Were You Charged With Continuous Family Violence?

Accusations of domestic violence are some of the most serious charges that a person can face, as conviction not only comes with serious criminal penalties, but can also impact a person’s visitation rights and reputation. Allegations of family violence should never be taken lightly, especially if the person is being charged with continuous family violence. This Texas law specifically targets patterns of behavior deemed dangerous, rather than an isolated incident. If convicted, a defendant could face felony-level penalties, which is why it’s so important for those who have been accused of continuous family violence, to start working on a strong defense right away.

What is Continuous Family Violence? 

Under Texas law, a person can be charged with Continuous Violence Against the Family if he or she intentionally, knowingly, or recklessly causes bodily injury to someone with whom he or she is in a continuing relationship (of a romantic or intimate nature) on two separate occasions in the last twelve months. This broad definition can include not only current and former dating partners, but even members of the same household, like roommates and unmarried partners who live in the same home. Because it entails numerous incidents of violence, this offense is charged as a third degree felony, so those who are convicted could face up to ten years in prison and fines of up to $10,000.

Approaching Your Defense

To help combat a charge of continuous family violence, an experienced attorney will need to take a multi-pronged approach, which includes:

• Identifying weaknesses in the state’s case by examining the evidence, interviewing witnesses, and reviewing police reports for inconsistencies and deficiencies;
• Challenging the twelve month timeline by scrutinizing the dates of the alleged domestic violence incidents;
• Examining the relationship status of the accused and the alleged victim to determine whether that relationship satisfies the state’s definition of a family or household member; and
• Raising strong defenses, such as self-defense, constitutional violations at the time of arrest, inconsistent eyewitness testimony, false allegations arising during a divorce or custody proceeding, and lack of sufficient evidence.

A skilled legal team can use these strategies to fight for the best outcome for the accused. This could include everything from obtaining reduced or dismissed charges to getting the defendant acquitted at trial.

Contact The Law Offices of David C. Hardaway 

It’s important to remember that being charged with a criminal offense is not the same thing as being convicted. With the right representation, those who have been unfairly accused of domestic violence have a good chance at protecting their rights and avoiding the harsh penalties that accompany conviction. If you are facing charges of domestic violence, please reach out to The Law Offices of David C. Hardaway for a customized defense strategy. Our experienced San Marcos and Hays County, Texas family violence attorneys are standing by and prepared to begin working on your case right away. Call us at 512-805-6613 to get started.

Source:

 statutes.capitol.texas.gov/docs/pe/htm/pe.25.htm