FAQs When Facing A Domestic Violence Charge


What Should I Do Once Domestic Violence Charges Have Been Filed Against Me?

The first thing to do is examine how you’re released on bond. If there is a magistrate’s order of emergency protection, follow it religiously, strictly and in every detail.

The next step is to contact an attorney immediately. An attorney will work with you to find out exactly what happened and will take steps on what needs to be done. Domestic violence charges where you have the magistrate’s order, a protective order usually follows. This means that you have a criminal charge and two civil actions, one will dissipate in 60 to 90 days and the other one could be up for two years or lifetime. You will need to start preparing for that.

If you are married, it is possible that a divorce action will follow, so you want to start getting as much information together as possible. It is advised to meet with your attorney, speak about everything and the attorney will establish contact with the alleged victim to find out what the long-term plan or goal is. If the long-term goal is to reunite and make the family situation work, then you can proceed with the counseling.

However, one of the things you have to be concerned with is if it is a situation where the alleged violence occurred in the home, which it generally does, and there are children around, CPS can remove can remove those children from that environment. In this case, you might be looking at a fight on a different front which is a child protective action.

All these things have to be prepared for and planned for immediately. If it simply results in a criminal charge, then you deal with it appropriately by doing the counseling. However, regardless of the situation it is critical to obtain an attorney immediately and start a plan of action.

If Someone Goes Ahead And Does Counseling Or Anger Management After Facing A Domestic Assault Or Battery Charge, Will It Help Their Case?

Anger management counseling is always the best thing to do but how it is disclosed is a little bit different in each case. If you’ve never been in trouble before and the alleged victim wants to make the relationship work, then the attorney will speak with that person upfront and obtain a written statement saying so and that both parties involved are working on things and are taking steps to prevent this from happening again. This will be presented to the prosecutor and in a lot of cases, if it’s a committed relationship and they are improving matters, then the case may be dismissed or the charges reduced. This is usually only if this is a first occurrence and there have not been previous domestic violence allegations. In these types of cases, everyone really needs some kind of intervention, in terms of getting counseling. It is not an admission of guilt to admit to needing help.

However, if it was an admission where somebody walked in and said, “This is what I did here, here and here on these particular dates,” then it’s a different case.

What Are Some Of The Long-term Effects Of Having A Domestic Violence Conviction?

In Texas, there are a lot of different ways people refer to domestic violence and one of them is that domestic violence is a crime of moral turpitude. Domestic violence really falls into that category.

Domestic violence charges are not going to be expunged, so this is something that will live with you forever. Having a domestic violence conviction on your record affects your believability and your credibility.

For example, when a background check for a new employment possibility is run, a potential employer will see the conviction and will have to wonder if they want to carry the insurance burden of putting a male or a female in an office situation when they have already been shown to use violence. Most people would not.

You are going to lose out on jobs or you probably won’t get the jobs you want. You also are going to lose the ability to carry firearms. In Texas especially, that can be a particularly important. A lot of people own guns for sporting events, hunting, and other activities and now you lose the ability to have that weapon.

A domestic violence conviction cannot be expunged and it will remain on your public record. In Texas, there is a public database TDPS (Texas Department of Public Safety) and for less than a dollar, anyone can do a search. So in short, a domestic violence conviction affects every possible part of your life.

Get answers to Frequently Asked Questions by Someone Facing A Domestic Violence Charge or call the law office of Bobby Dale Barina for a free initial consultation at (254) 699-3755 and get the information and legal answers you’re seeking.

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