FAQs About Domestic Violence
Is Domestic Violence Seen As Part Of Divorce A Great Deal?
Domestic violence and divorce go hand in hand quite frequently. This is where you have the intersection of criminal law and family law. A lot of times this could be one of the reasons people are separating or getting divorced in the first place. In these cases, attorneys really have to go through the evidence carefully to see if law enforcement was ever called throughout the marriage and to look at other relevant facts. It really is a great overlap.
Is The Protective Order Automatically Applied By The Court If Someone Is Charged In A Domestic Violence Case?
If someone is arrested because of domestic violence, when law enforcement officer takes the individual to the jail, they are going to fill out a form for a magistrate’s order of emergency protection. The magistrate will then typically apply it automatically.
When the accused person has a chance get out on bond, they are not allowed to return home or have any contact with the alleged victim. However, an attorney can usually arrange to allow their client back into the home temporarily to retrieve clothing and other personal items they may need.
What Makes A Charge Under Domestic Violence A Misdemeanor Or A Felony?
In Texas, assault can be a Class C Misdemeanor, which is referred to as simple assault. You can be charged with simple assault when there has been physical touching or contact, , when the other person feels the contact was offensive. If this occurs between a husband and wife, if can be considered domestic violence.
For a Class A Misdemeanor, this would be where one person causes bodily injury to another. This can be upgraded to a felony if there is serious bodily injury or if there are additional charges such as previous domestic violence for bodily injury. The most common felony of domestic violence is where the airway is impeded. If something like that is alleged you could be looking at a third degree felony.
A third degree felony, is two to ten years in jail or prison and up to a $10,000 fine. You may be eligible for probation but your bond is going to be extremely high. Judges are going to make it extremely difficult because they don’t want anything that could potentially be dangerous to occur on one of their bonds.
Does One Actually Need To Be Injured For A Charge To Be Made?
That’s the great fallacy of it. When you’re looking at the criminal code, if someone even threatens imminent bodily injury or death, it is a criminal charge.
For purpose of protective orders, when you look at family violence, the protective orders come pretty quick. If the threat reasonably places the family member in fear of imminent physical harm, bodily injury, assault or sexual assault it can fall under the civil code, the Texas Family Code, and if the threat is violent enough, it can be part of a criminal charge.
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