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Family Assault Overview

Family Assault Overview

Have you been arrested on a domestic violence charge?

We have all seen reports of domestic violence and abuse on the news, but never imagined we could be caught up in criminal charges surrounding a household dispute. What were once private family matters can now involve intervention (and punishment) by governmental agencies and law enforcement. While harming a spouse, partner or child in an abusive act is never the right thing for a person to do; false or overblown allegations can also lead to unfair and vindictive prosecution under our tough statutes related to domestic violence offenses. When facing domestic violence charges of any kind, a Houston domestic violence attorney can act swiftly to help you seek to avoid the repercussions of a conviction.

As is the case in many states including Texas, a family violence matter will almost always lead to an arrest once police are called. Law enforcement officers are charged with keeping the peace and with ensuring that safety is provided to all, and they will be forced into making difficult judgment calls when they arrive on the scene in a domestic call. Conflicting reports, inconclusive injuries, and the lack of witness input can make their jobs very challenging, but in the end, somebody will be arrested.

Charges Related to Domestic Violence

We at Chernoff Law specialize in matters of criminal defense and family law. We can assist in providing you defense for a wide variety of domestic violence issues, including the following:

Assault

When a family member makes intentional or reckless contact with another person that results in pain or is objectively offensive, then assault has occurred. These charges can have a devastating impact on child custody and lead to prison time, fines and probation.Read more…

Child Abuse

Some family violence cases involve children. Many of these allegations involve allegations of persistent child abuse. Often the case turns on the interpretation of what one considers reasonable punishment. Not only can these allegations tear a family apart and destroy reputations, prosecutors tend to seek harsh punishments. If you have been accused of child abuse, you must be prepared to stand up for your rights and defend your future. Read more…

Child Neglect

Some examples of child neglect in Texas include placing a child into a harmful situation beyond his/her level of maturity and failing to obtain proper medical care for a child. Inevitably, these cases turn on the intent of the defendant.

Disorderly Conduct

Disorderly conduct describes a vast range of offenses and can lead to an unfair arrest in certain situations, including obscene language and firing a firearm across a roadway. If convicted, disorderly conduct can be a Class C or Class B misdemeanor depending on the alleged actions of the defendant. Read more…

Harassment

Harassment, unlike stalking, involves communications. If communication is made to another with the intent to annoy, alarm or threaten physical harm, then this offense may be charged. Harassment can be charged for texts, phone calls and digital communications, such as Facebook messaging and email. This is always a vague charge, and can be improperly charged when the parties were only having an argument. Read more…

Kidnapping

Kidnapping is defined as the act of intentionally abducting a person. This is not necessarily a domestic violence offense. However, you can face kidnapping charges for removing your own child from a home to an undisclosed location if you do not have present custody of the child. Often times, there is some informal agreement between spouses involving visitation that results in a call to the police by a vengeful spouse that changes her mind. Once the police are involved, charges are likely to follow. Read more…

Protective Orders

A protective order is handed down by a Family Judge and is usually limited to a two year duration. It can restrict you from contacting your spouse, ex-spouse or child. A protective order is typically issued be issued against a person accused of committing a violent or harassing act. The District Attorney is authorized to request these orders, and must prove by a preponderance of evidence that family assault has occurred in the past and is likely to happen in the future. Violation of a protective order can result in the filing of criminal charges. Read more…

Magistrate’s Order of Emergency Protection

Judges may issue a temporary restraining order (TRO) during a domestic violence case in order to place specific restrictions on the accused spouse. This is called a Magistrates Order of Emergency Protection. Unlike a protective order, this is signed by the criminal judge. Like a protective order, charges may be filed if the order is violated. Read more…

Stalking

Stalking is a type of harassment crime, and the language in the penal code is quite similar. A charge of stalking may be filed when someone has threatened another person and then follows them around or continues to communicate to that person in a threatening fashion. Like Harassment, the description in the penal code is rather vague, a charge of stalking can be made when there may not be any real threat or your actions were misinterpreted. Read more…

Facing charges for domestic violence? We can help!

Although every case is unique, if serious injury was inflicted in a domestic incident, the charge is likely to be a felony. While punishment for a misdemeanor conviction can many times be limited to probation, fines and minimal jail time, a felony offense can lead to lengthy prison sentences. Any plea of guilty on any Family Assault case can result in job loss, child visitation problems, immigration consequences and the inability to clear one’s record.

Why hire a domestic violence attorney? No matter how one views it, domestic violence is a very serious legal problem and related criminal charges demand the immediate attention of a skilled legal team. Our attorneys at Chernoff Law understand that misunderstandings, exaggeration of facts, and even false accusations are often part of domestic abuse allegations. We pledge to offer intimate client care, personalized service, and aggressive legal defense against charges which can be filled with difficulty and emotion. Our ultimate concern is the protection of your legal rights and future.

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