Domestic Violence Lawyer Near Me | Houston, TX
Are you looking for a domestic violence charge attorney in Houston or other surrounding areas? You need a Houston domestic violence lawyer who knows Texas law inside and out and can aggressively defend your rights on your behalf. A conviction for domestic violence can result in some serious consequences: jail time, substantial fines, and a permanent blemish on your criminal record. Tripodi Law Firm has successfully defended many people accused of domestic violence. Call today for a free consultation.
Experienced Houston Domestic Violence Lawyer Near Me
At Tripodi Law Firm, we understand that domestic violence charges can be overwhelming and complex. Our experienced criminal defense attorney in Houston will take the time to understand your unique situation and create a defense strategy that fits your needs. With years of experience handling domestic violence cases, we’re fully familiar with the nuances of Texas law, from challenging evidence to negotiating plea deals and representing you in court. Whether you are facing domestic battery charges, domestic assault charges, or another form of domestic violence, we have the legal experience that can help.
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Why Choose Tripodi Law Firm?
Seasoned Legal Defense: Our lawyers have had a great deal of experience in handling domestic violence cases in Houston and have had great success at Tripodi Law Firm. Texas law is intricate and requires a defense fitting to your situation.
Personalized Approach: The attorneys understand that each case will differ, and we will take the time to listen to the details of your case and work out a defense strategy personalized to fit your needs and circumstances.
Proven Track Record: We have a history of successfully defending clients accused of domestic violence. From challenging evidence to negotiating plea deals to representing you in court, we are here to fight for the best possible outcome for your case.
Free Consultation: Not sure where to start? Contact us today for a free consultation. We’ll review your case, explain your legal options, and help you understand the best steps for you to take next.
Understanding Domestic Violence Under Texas Law
Domestic violence is not a specific statute in Texas law. Charges often involving these offenses are listed under Title 5, Chapter 22 of the Texas Penal Code. Section Sec. 22.01 defines assault as A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
An assault family violence charge has serious legal consequences; those could increase to felony charges. Therefore, accused individuals need to consult with a lawyer to maneuver such severe consequences.
“Family violence,” under Texas Family Code- Title 4, Subtitle A, Chapter 71, Sec. 71.004:
An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
Types of Domestic Violence Recognized in Houston, Texas
Domestic violence is an alarming issue that affects many people and families in Texas. Domestic violence includes abusive acts by someone involved in a relationship for control or to cause harm to another. Child abuse is also considered domestic violence; therefore, it is vital to address this evil from a broad perspective. Some common types of domestic violence recognized in Texas:
1. Physical Abuse
Physical abuse refers to any form of physical force that should reasonably be expected to cause bodily injury, pain, or impairment. It includes but is not limited to hitting, slapping, pushing, and even the use of weapons. In Texas, physical abuse is one of the most reported forms of domestic violence.
2. Emotional and Psychological Abuse
This includes acts or utterances that hurt a person’s self-esteem and mental well-being. It involves threats, intimidation, humiliation, and withholding from friends and family. The saddest thing regarding emotional and psychological abuse is that, generally, it is never reported, yet it is just as damaging as physical abuse. It often comes before physical violence.
3. Sexual Abuse
Sexual abuse happens when someone engages in sexual activity without the other person’s full consent. This can include acts like rape, molestation, or forcing someone to perform sexual acts against their will. According to a report by the Texas Association Against Sexual Assault, nearly 1 in 3 women in Texas has faced some form of sexual violence in their lifetime. Sexual abuse within intimate relationships often goes unreported due to feelings of fear and shame.
4. Financial Abuse
Financial abuse occurs in such a way that the abuser denies the victim access to financial means so as to affect their person’s capability to support themself independently and thus force them into dependence on an abuser. 99% of domestic violence cases include financial abuse in the perpetrator’s arsenal. Abusers thwart victims’ plans or attempts to get jobs, block access to bank accounts, or run up bank debts in a victim’s name.
5. Digital Abuse
It involves using technology to intimidate, stalk, or control a partner through monitoring their phone calls or messages, intimidating them through social media, and/or requesting access to private accounts. The most common methodologies for this form of abuse have grown with advances in the use of technology. Laws are now evolving around it in Texas; it is indeed recognized as abuse.
6. Stalking
Stalking involves repeatedly giving someone unwanted attention and making contact that causes fear or concern for their safety. This can include following someone, showing up at their workplace or home without invitation, and sending threatening messages. In Texas, the law takes stalking seriously and has criminalized these acts. Protective orders can help keep abusers away, but many victims do not report these incidents due to fear.
Domestic Violence Case Defense
Our attorneys of domestic violence in Houston create several types of defense strategies to assist in protecting your rights and contesting the charges against you. Common protection strategies include:
- Self-Defense: Your act was an act of self-defense or in defense of another individual.
- False Allegation: The accusation is false or fabricated by the so-called victim.
- Insufficient Evidence: The prosecution does not have enough evidence, which could undermine the witness’s credibility.
Protective Order and Restraining Order
Depending on the nature of the incident, the court may issue protective orders or restraining orders against the accused from further contacting the alleged victim. These could dramatically impact your daily life and interactions with family member. The lawyers at our firm can explain the terms of these orders to you and seek modification or contesting when appropriate or necessary.
Penalties for Domestic Violence in Texas
Domestic violence charges have different penalties depending on the specifics of a particular case; however, for general penalties, it goes something like this:
- Class A Misdemeanor: Up to $4,000 fine, up to one year confinement in county jail, or both
- Third Degree Felony: Offenders face fines up to $10,000 and imprisonment from 2 to 10 years.
- Second-Degree Felony: This degree of felony results in fines up to $10,000 and a prison sentence between 2-20 years.
- First-Degree Felony: This is the most serious; the charge can bring fines up to $10,000 and a prison sentence of up to 5-99 years.
Specific policies and procedures have targeted victims’ intimidation. For example, the ‘No Drop’ policy of the district attorney in Harris County combats this problem. It also underlines the special legal environment of this jurisdiction: the significance of protective orders and the influence of convictions on child custody.
Additionally, courts can sentence a person convicted of domestic violence to pay restitution. Restitution may cover the victim’s medical treatment, counseling, and property damages.
Houston Domestic Violence Lawyers You Can Trust
Tripodi Law Firm is committed to providing optimal defense services for our clients. As a hardworking and proactive team of experienced criminal defense lawyers, including domestic violence lawyers in Houston, we can protect your rights while maximizing the possibility of an optimum outcome for your case. We know every case is different, and we’re here to provide the customized legal representation you truly deserve.
Contact Us for a Free Consultation
If you are facing domestic violence charges in Houston or any other surrounding area, don’t hesitate to reach out to the Tripodi Law Firm. This can be discussed in a free consultation about your case and the furtherance of legal options. Our experienced attorneys are here to assist you in what can be an overwhelming burden through the complexities of the legal system and fight for your rights.
FAQs about Domestic Violence Lawyer Near Me
What Should I Do If I Am Charged with Domestic Violence?
If you are charged with domestic violence, you need to do the following:
- Contact an Attorney: Hire an experienced domestic violence attorney as soon as possible.
- Do Not Contact the Alleged Victim: Do not contact the alleged victim in any way to avoid further complicating things.
- Follow Court Orders: Follow the protective order or restraining order granted by the court.
- Know the Role of Police Officers: With the use of body cameras and documentation of injury, much of the investigation burden rests on the shoulders of police officers. Their actions and decisions can significantly impact whether certain evidence is admissible in a case or not.
What Are the Penalties for Domestic Violence in Texas?
The penalties for domestic violence in Texas depend on the degree of the charges and prior criminal history. A convicted individual may face jail time, fines, probation, and mandatory counseling as punishments.
How Can a Domestic Violence Lawyer Help Me?
A domestic violence attorney can assist you in the following ways:
- Legal Advice: Advise you of your rights and what you are entitled to.
- Developing the Domestic Violence Defense Strategy: Based on the details of your case, a personal strategy is developed to defend you.
- Represent You in Court: This means taking you through the courts.
What do I need to look for in a domestic violence lawyer?
You would want to ask an attorney specializing in domestic violence about their experience in handling matters similar to yours, their reputation, and their style of communicating with clients. You would want an attorney who can make you comfortable and who has won similar cases involving domestic violence.
What can I expect from a defense attorney specializing in domestic violence during our first meeting?
In this first meeting, the attorney will most likely ask you to describe the facts of your case, give you an overview of the legal process, and present potential strategies. The lawyer might also describe their fees and explain any questions you may have about their services.