The first thing to notice about an assault family violence charge is the name itself. From that, it seems as if there would need to be actual physical violence against a family member to make a conviction. However, to qualify as an assault, physical injury is not required. If someone in the situation felt threatened, the prosecutor may have a case for assault family violence. Further, the alleged perpetrator does not necessarily have to be blood family to qualify as "family" under the legal definition.
The following individuals can also press domestic violence charges:
Many times, there are underlying motives for accusing someone of violence. Unfortunately, even if an accusation was made in the heat of the moment, it cannot simply be taken back. However, it can help the defense if the alleged victim decides he or she does not want to press charges.
In most domestic violence cases, restraining orders, also called protective orders, are enacted by the judge or court to ensure the victim and their family is safe from the accused aggressor. These orders vary in length and vary depending on each unique situation.
The following outline different types of protective orders in Texas:
These orders can include details on:
An allegation or conviction for household or relationship violence is incredibly serious. It can affect your child custody rights, your ability to be employed by government entities and some private institutions, result in deportation, cause the right to own a firearm to be suspended or denied, and more. All of this can happen even though many of these charges are based on one person’s testimony alone.
In addition, if you or your child are in fear of violence or assault, take steps to protect yourself with a restraining order. This legal document can help you or your loved ones by placing legal restrictions and harsh penalties on an offender.
The violation of a protective order can lead to greater charges and penalties. At Blanchard & Thomas, PLLC, our Texas attorneys can work to both protect victims and defend those who have been wrongly accused.