Domestic violence cases can be both difficult and sensitive to navigate no matter where they take place, especially for victims. Many victims of family abuse are hesitant to press charges, either due to the pre-existing relationship or the potential for further domestic abuse.
Meanwhile, those accused can face significant legal issues, especially given that Texas law considers the role a victim plays in their lives. In family violence cases, this often means serious charges for physical abuse and domestic assault.
Courts view physical harm and emotional abuse of a family member as being more serious than incidents that take place outside the home.
That’s why it’s imperative to hire an experienced Katy domestic violence defense lawyer who can help navigate the case and keep clients informed of how they should proceed.
Don’t Delay, Call Your Domestic Violence Lawyer Today
If you’ve been arrested or charged with domestic violence in Katy, TX then you should seek out legal services without delay.
Prosecutors will use every legal tool available to them in search of the strongest possible penalties, and it’s never too soon to begin work on a robust criminal defense in conjunction with your Katy, TX domestic violence lawyer.
When you begin the attorney-client relationship with a domestic violence lawyer, you’ll receive access to the same legal skills, experience, and expertise that prosecutors will look to use against you in domestic violence cases.
At The Love DuCote Law Firm LLC, we treat every case on its own merits and our outstanding lawyers will work tirelessly to ensure that anyone facing domestic violence charges understands their legal options.
What’s Classified As Domestic Violence in Katy and Houston, TX?
When most people think of domestic violence victims, they consider physical spousal abuse. However, Texas domestic violence issues extend beyond physical assaults, and the term can apply to more than just married partners.
According to the Texas Family Code, which plays a significant role in domestic violence law in the state, a domestic violence case can apply to a victim’s family member, a member of their household, or a current or ex-partner.
This means that Katy domestic violence cases may involve various family members, including:
- Spouses and partners.
- Biological, adopted, and foster children.
- Parents and grandparents.
- Aunts, uncles, and cousins.
The law also accounts for various different actions on the part of the accused. Assault, threats of physical harm, actual physical harm, and physical injury all fall into the category of domestic violence issues.
Dating violence can also be a legal issue, which directly impacts a dating partner.
There are three domestic violence classifications in Katy, TX:
This is the simplest case of Katy domestic violence, although it remains advisable to appoint an experienced domestic violence lawyer to handle these charges.
These cases are common in relatively minor domestic disputes that do not involve a deadly weapon or result in significant personal injury.
If the accused has no previous convictions for domestic abuse, these cases are often considered a Class A misdemeanor. However, repeat offenders will face more significant legal issues, with even simpler cases often being upgraded to a third-degree felony.
Aggravated Domestic Assault
More serious cases may be considered aggravated domestic assault, and it’s highly advisable to appoint a Katy domestic violence defense lawyer in these cases.
Anything that results in serious bodily injury or involves the use of a deadly weapon may be upgraded in this way. In these cases, the accused may face first-degree felony charges, which can ultimately result in life imprisonment.
In slightly less serious cases, cases are treated as second-degree felonies. A successful prosecution can result in between two and twenty years in jail, along with the potential $10,000 fine that applies to all felonies in Texas.
Continuous Violence Against a Family Member
Anyone with a track record of Texas domestic violence issues should seek to appoint Katy domestic violence defense lawyers at the earliest possible opportunity. It is considered continuous violence if the offender is accused of domestic violence twice in a twelve-month period.
Critically, the two incidents do not need to involve the same victim, nor do they need to involve an arrest, charge, or conviction.
A domestic violence attorney can help as there is plenty of ambiguity to these charges, given that accusations alone may be enough to prosecute for ongoing abuse.
Charges filed in this way are considered third-degree felonies, which can again result in a financial penalty of up to $10,000, along with up to ten years behind bars.
Additional Domestic Violence Punishments in Katy, TX
While most crimes that take place in Katy, TX, and nearby cities are classed as either misdemeanors or felonies, a court may also hand down additional punishment beyond fines and jail time, often for the victim’s continued safety.
- A restraining order – A successful prosecution in a domestic violence case may result in a restraining order, placing the onus on the accused to maintain a certain distance from the victim and avoid contact
- A protective order – A protective order, also known as a protection order, can go a step further in Texas domestic violence cases, keeping the perpetrator away from the victim, their children, and other relations and removing their right to own and carry firearms in the Texas area
How a Katy Domestic Violence Defense Lawyer Can Help
It’s vital to consider both the short and the long-term implications of a domestic violence conviction. A single accusation can have long-lasting consequences, not least the fact that any additional charges remove the relative leniency afforded to first-time offenders.
Both misdemeanor and felony charges can lead to difficulty in obtaining future work and may also affect accommodation arrangements, especially if restraining orders are involved. These charges often remain on record for life, potentially limiting professional achievement and development in the future.
As noted, prosecutors work particularly aggressively in cases of domestic violence, so it’s vital to have equally aggressive representation from a skilled and experienced domestic violence attorney.
Your lawyer will work to understand the case and everything it involves, spanning relationships, personal injury, previous convictions, physical evidence, and witness testimonies.
Our domestic violence defense lawyers work throughout Katy, TX on family law, physical offenses, and a range of related practice areas. They will work with you to understand the case and carry out independent research to determine the best possible defense.
The Love DuCote Law Firm LLC – Your Katy, TX Domestic Violence Defense Lawyers
If you’ve been arrested for domestic violence, you need a Katy domestic violence defense lawyer and our advisors are standing by to take your call.
Our team works tirelessly, serving Katy, Houston, TX, and all surrounding areas, and we always promise our full attention on every case, giving every client the best chance of a fair, favorable outcome.
The earlier the defense process starts, the more effective it will be.