Domestic violence, or family violence as it is called in the Texas Family Code, is a common kind of criminal case that can cause widespread problems for entire families. A person who has been arrested for a domestic violence offense can face extreme confusion about what will occur in their case and how seriously they need to take the process.
The Law Offices of Richard C. McConathy presents this page as a resource for those who are trying to understand what they can expect in their domestic violence case. It is important to keep in mind that every case is different and any case could possibly take an unexpected turn other than what is outlined here.
Were you recently arrested for an alleged domestic violence offense in Garland, Irving, Dallas, or a different community in Dallas County? Do not wait to find yourself a hard-working criminal defense attorney for assistance in fighting your criminal charges.
The Law Offices of Richard C. McConathy has defended hundreds of clients accused of various family violence offenses and we have helped many of the same people get the criminal charges reduced or dismissed. You can have us examine your own case and talk about everything that will happen when you call (972) 233-5700 or contact us online to take advantage of a free consultation.
Texas Family Code § 71.003 defines the term family as including “individuals related by consanguinity or affinity, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.” Two individuals are related to each other by consanguinity if one is a descendant of the other or they share a common ancestor, and two individuals are related to each other by affinity if they are married to each other or the spouse of one of the individuals is related by consanguinity to the other individual.
Under Texas Family Code § 71.004, family violence is defined as:
Texas Family Code § 261.001 defines abuse as follows for the relevant sections:
Under Texas Family Code § 71.0021, dating violence is defined as an act, other than a defensive measure to protect oneself, by an actor that:
Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship.
In general, the domestic violence case will unfold as follows:
A Guide to the Texas Criminal Legal System for Family Violence Victims | TexasLawHelp.org— Visit this website to learn more about what you should do when a crime of family violence occurs. You can also find more information about steps in the criminal justice process. You can also find a link to a brochure created by the Texas Council on Family Violence.
Texas Attorney General | Family Violence | Liberty and Justice for Texas — On this section of the attorney general’s website, you can learn more about how prevalent family violence is in Texas. Also find more information about who the victims of domestic violence are and what the effects of family violence are. You can read about the Crime Victims’ Compensation (CVC) Program.
If you were arrested for a domestic violence crime in Dallas or a surrounding area of Dallas County, you will have to take swift and decisive action. Make sure that you are seeking an experienced criminal defense lawyer for your case.