Family Violence Assault
When the prosecutor seeks to add what is known as an “affirmative finding of family violence,” serious collateral consequences can attach. Family violence assault applies to individuals who are:
- Related by blood or marriage;
- Current or former spouses;
- Parents of the same child; and
- Foster parents and children.
The family violence statute in Texas also applies in a same-sex relationship. See Ochoa v. State, 355 S.W.3d 48 (Tex. App. Houston 1st Dist. 2010), petition for discretionary review refused, (May 25, 2011).
Attorneys for Family Violence Assault in San Antonio, TX
If you were charged with any felony or misdemeanor offense for family violence assault in San Antonio, Bexar County, or the surrounding areas in Texas, then contact an experienced criminal defense attorney at Goldstein & Orr. We can help you protect your rights as you fight for an outright dismissal of the charges.
Let us put our experience to work for you. Call (210) 226-1463 today to discuss your case with an experienced attorney for family violence cases in San Antonio, TX.
Elements of Family Violence Assault in Texas
The elements of the offense of family violence assault include:
- the defendant committed the crime;
- intentionally, knowingly, or recklessly;
- caused bodily harm to a family member, including the defendant’s spouse.
Examples of Family Violence Assault Charges in Texas
The most common examples of family violence assault cases include:
- Assault (which includes an offensive touching) – class C misdemeanor with a fine of up to $500;
- Assault Family Violence – class “A” misdemeanor punishable by up to 365 days jail and a fine of up to $4,000;
- Assault Family Violence with prior FV conviction – third (3rd) degree felony punishable by 2 to 10 years prison and a fine of up to $10,000;
- Continuous Family Violence (two or more incidents alleged in one year) – third (3rd) degree felony punishable by 2 to 10 years prison and a fine of up to $10,000;
- Aggravated Assault with Serious Bodily Injury with Deadly Weapon with Family Violence – first (1st) degree felony punishable by 5 to 99 years or life in prison and a fine of up to $10,000.
Emergency Protective Order to Prohibit a Future Act of Family Violence
An Emergency Protective Order (EPO) is issued after a request by the alleged victim, the parent or guardian of a minor child victim, the prosecutor, or a police officer. The EPO prohibits a person from possessing a firearm, communicating in a harassing or threatening manner, contacting the alleged victim, committing a future act of family violence or assault, and going near the victim’s residence, workplace or school.
The EPO is typically in place for 30 to 90 days. During that time, the alleged victim might decide to petition the court for a standard protective order that covers a longer period of time.