Domestic violence, also known as family violence, refers to violence against certain members of your family or household, including current or former partners and spouses; blood relatives; children by blood, adoption, or marriage; foster children; and foster parents.
People in all age groups can be affected by domestic violence, but offenders and victims are typically younger, with the majority of perpetrators being between 20 and 29 years old, and most victims being between 20 and 24 years old.
Contact Pelley Law Office at 972-608-0335 or through our online contact form to learn more about our services and to set up a free consultation.
What Happens After I’m Charged With Domestic Violence in Dallas?
If you are charged with domestic violence in Texas, the initial booking process is fairly straightforward and similar to that of other criminal offenses. That said, these charges tend to result in unique bond conditions in an effort to keep the victim and others safe. This includes taking away the offender’s gun rights and ordering them to stay away from certain places or people.
Before any decisions are made, you and the prosecution are allowed to collect evidence and build your cases during a discovery process. Both sides have access to the evidence submitted to help shape their strategies and ensure a smoother court process.
An attorney from Pelley Law Office can help negotiate deals on your behalf and work on presenting a defense that secures you a fair outcome. Our team has experience navigating all types of domestic assault cases, so we’re confident we can guide you through yours.
How Long Do Domestic Violence Cases Take in Dallas?
It can be difficult to determine how long your case may take because it ultimately hinges on your unique situation. Some cases can be closed in weeks, while others could take years. Many factors can impact how long your case may take, including:
- Cooperation of all involved parties
- Delays with the court
- Quality of your evidence
- Severity of the charges
- Whether or not you work with an attorney
Working with a Dallas domestic violence attorney from Pelley Law Office can help you keep your case moving. We can use our knowledge of the law to move past any challenges with your case. We can also ensure you’re doing everything correctly so you avoid unnecessary delays and having to repeat steps.
Types Of Domestic Violence Charges
Facing any level of domestic violence charges is serious. These charges can range from Class C misdemeanors to first-degree felonies. Regardless of the charges you face, you can expect serious penalties for domestic violence charges in Texas. That’s why it’s wise to get in touch with a domestic violence attorney in Dallas to help with your defense.
Our team at Pelley Law Office has experience navigating all types of criminal cases, including domestic violence charges. We can evaluate your situation and develop a legal strategy that gives you a fair chance at a more favorable outcome.
Texas law places domestic violence crimes into three distinct categories depending on the nature and severity of the act. It’s important to understand where your charges fall so you know how to prepare yourself.
The three kinds of domestic violence crimes recognized in Texas are:
- Domestic assault
- Aggravated domestic assault
- Continuous violence against the family
Domestic Assault
Assault crimes are classified as domestic assault if they are committed against a former or current dating partner or spouse, blood relative, adopted child, foster child, or foster parent, or any member of the household.
Acts that can be considered domestic violence include intentionally or recklessly causing bodily injury to someone or even threatening someone with serious bodily harm. Simple domestic assault is usually charged as a Class C or A misdemeanor, but it can be escalated if the offender had a prior conviction or the incident involved strangulation.
Aggravated Domestic Assault
Aggravated domestic assault is a more serious domestic violence charge that typically involves causing severe bodily harm. Use of a deadly weapon is also grounds for aggravated domestic assault charges, even if it’s only used to threaten violence against the victim.
Aggravated domestic assault is typically charged as a second-degree felony, but it can be escalated to the first degree if you cause serious harm with a deadly weapon.
Continuous Violence Against the Family
This charge is for offenders who have committed two domestic assaults in the past year. It’s important to note that the acts don’t have to result in an arrest or a conviction, nor do they have to be committed against the same person. Continuous violence against the family is typically a third-degree felony.
Common Defenses Against Domestic Violence Charges in Dallas
False Allegations
Texas law takes domestic violence allegations very seriously. That said, it’s possible for someone to lie about a domestic violence incident to get their partner or ex-partner in trouble, and it very likely could work. It’s wise to work with a criminal defense attorney on your case so you can prove your innocence and clear your name.
Insufficient Evidence
The prosecution has the burden of proof in a domestic violence case, which means it must prove beyond a reasonable doubt that you committed the crime in question. As your defense team, we don’t necessarily have to prove that you didn’t do it; our job is to provide enough doubt that you did.
If the prosecution cannot present sufficient evidence to overcome that reasonable doubt, we can fight to have your case dismissed. It’s also important to collect evidence to ensure you have a strong defense.
Lack of Intent
For a crime to be classified as domestic violence, the act must be committed knowingly against the victim. If one partner accidentally harms the other, the victim may have grounds to pursue legal action, but the act would not be considered domestic violence. More likely, it would fall under the area of personal injury law instead.
Self-Defense or Defense of Another Person
While any physical violence between partners or household members is discouraged, hurting someone to defend yourself is considered the lesser of two evils. If you can prove that your actions were necessary for protecting yourself, you may be able to have your charges reduced or dropped. Similarly, you can claim that you acted in defense of a third party as well.
Violation of Constitutional Rights
Even if you have committed an offense, you have a right to a fair legal process. If your rights were violated during any part of this process, we may be able to argue that the foundation of your charges is invalid. It’s pertinent to pay attention to your interactions with the courts, law enforcement, the prosecution, and anyone else involved with your case and to report any unethical behavior right away.
Domestic Violence Consequences in Family Court
By working with one of our domestic violence lawyers, you’re not only saving yourself the headache of a criminal trial; you’re also giving yourself extra legal support for potential family law matters, too.
Domestic violence is a criminal offense in Texas, first and foremost, which is why you can expect to be prosecuted in a criminal court if you’re charged. You also may need to prepare yourself for legal proceedings in a Dallas family court, depending on your situation.
These types of situations can often lead to divorce, child custody issues, or modifications to existing orders. If you’re accused and convicted, you could potentially lose custody of your children or even visitation rights. You may be ordered to pay higher child support payments. Once these steps have been taken, it can be difficult to recover your rights.
Benefits of Working With a Domestic Violence Lawyer
Criminal defense is a wide area of law, and domestic violence is just one corner of it. It’s important to work with a criminal defense attorney who has experience working on cases like yours so you can be sure you’re getting help from a professional with the right knowledge and experience.
Pelley Law Office has over 80 years of combined experience handling all sorts of cases, including domestic violence charges. Review some of the cases we’ve worked on in the past and see for yourself. We’re confident we have the skills and resources to help with your case.
Our attorneys can guide you through every aspect of your case to help you build a strong defense and secure a favorable result. In some cases, we may even be able to help you avoid jail time. We can handle tasks such as:
- Building your defense
- Conducting interviews
- Drafting legal paperwork
- Ensuring procedural accuracy
- Evaluating the claims against you
- Interviewing witnesses
- Investigating the prosecution
- Negotiating plea deals
- Representing you in court
Taking on your case alone is the last thing you want to do. It’s highly advised to work with an experienced Dallas domestic violence attorney you can trust. As a self-representative, you would be expected to have enough of an understanding of the law to get through the legal proceedings without help from the court.
A lawyer from our firm can help you build a strong enough defense based on knowledge of the law to fight against your charges.
You already have to deal with the stress of facing criminal charges. Instead of shouldering this burden alone, let a trusted domestic violence attorney support you through the process.
Talk to a Dallas Domestic Violence Attorney About Your Case Today
If you’re ready to discuss your case in more detail, a Dallas domestic violence attorney from our law firm is ready to help. Our team has over eight decades of combined experience navigating domestic violence charges for people throughout Dallas and beyond.
Whether you were falsely accused or are seeking reduced charges, you can count on our team to be there for you and provide an aggressive defense, protecting your rights at every stage of this process. Contact Pelley Law Office to set up a complimentary appointment with one of our domestic violence lawyers in Dallas, TX, today.
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