Domestic Violence

Domestic violence is taken very seriously in Texas. The Harris County District Attorney’s Office has an entire unit dedicated to the prosecution of domestic violence cases. The Houston Police Department has an entire unit dedicated to the investigation of domestic abuse cases. If you are accused of a domestic violence crime, it is important that you have an experienced attorney who can provide the information and assistance that you will need to defend your case.

There is no other area of the law more prone to false accusations than domestic violence. Many times, a spouse or partner may accuse someone of a domestic violence act for their own personal gain. This may be due to a pending divorce or child custody suit. When an officer is called to the scene of a domestic disturbance, they are prepared to make an arrest and rarely investigate the situation fully or properly determine who the aggressor actually was. This can lead to the law enforcement officer making a number of possible mistakes. In these situations, it is vitally important to seek the assistance of an experienced criminal defense attorney.

A domestic violence conviction can impact every facet of your life, including your employment opportunities, professional licensing, and your access to your children. In addition to the serious criminal penalties, the stigma of being accused or convicted of these types of crimes can follow you for the rest of your life.

If you have been arrested on domestic violence charges, or if you are currently living in a household experiencing domestic violence, you may have questions about the following areas of law:

• Restraining / Protective Order Hearings
• Domestic Assault
• Domestic Battery
• Child Abuse

Houston Domestic Violence Attorney

Representation by an experienced domestic violence attorney is critical. Matt Horak has represented countless Texans accused of domestic violence crimes. He has the experience and expertise to fight for you.

If you are arrested for domestic violence or another violent crime, your time to protect your rights is limited. If you are located in anywhere in the greater Houston area, including Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, or Waller counties, contact domestic violence attorney Matt Horak today at (713) 225-8000 or toll-free at (800) 225-8009 to discuss your case.

Domestic Violence Information Center

• The Definition of Domestic Violence
• “Dropping Charges”
• Some Defense Strategies to Domestic Violence Charges
• Possible Penalties for Domestic Violence

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The Definition of Domestic Violence

Many people assume that domestic violence, which is sometimes called family violence, can only occur between spouses or a parent and child. However, the term “family” is given a much broader definition, including but not limited to:

• Current or former spouses
• A parent and child(ren)
• Domestic partners
• Individuals in a dating relationship
• Siblings
• Grandparents and grandchildren
• Parents of a child in common, even if those parents are not in any other relationship

Domestic violence also encompasses a wide range of behaviors, including eac of the following:

• Physical violence
• Verbal abuse, including violent language or threats
• Stalking behaviors, including physical stalking and cyber-stalking
• Forced sexual acts, including rape

If you have been accused of any of these acts, or worry that you might be, you should contact an experience defense attorney immediately.

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Dropping Charges

One common misperception is that your loved one can choose to “drop charges” against you, if after accusing you of domestic violence they reconsider. This is simply not true.

In Texas, victims of crime have no power to dismiss or “drop” the charges. The district attorney is the one who chooses to file charges or not.

All victims should carefully consider whether or not to make an accusation of domestic violence. There are some very good reasons to do so; for example, if you or your children have been physically harmed or are in danger, you should do everything you can to protect yourself – including getting help from law enforcement. However, you should never make an accusation to get back at a family member or out of spite.

Similarly, those accused of domestic violence should always take these charges very seriously. You may think that your family member will change their mind and “drop charges” against you, but they cannot. If you have been charged with domestic violence or someone in your family is threatening to do so, you should contact a lawyer as soon as possible.

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Some Defenses to Domestic Violence Charges

Many defendants are curious about which, if any, possible defenses might be the most effective in their case. The answer really depends on the circumstances of each individual case. These circumstances include the nature of the offense, the relationship between the parties, past incidences of violence in the home, and the criminal history of the defendant.

Some possible defenses that you and your attorney might consider include:

• Actual innocence: the defendant did not commit the crime(s) he is accused of. This is often proved by attacking the credibility of the accuser.
• Self-defense: under Texas Penal Code §9.31, a person is justified in using force against another when and to the degree the act reasonably believes that the force is immediately necessary to protect the actor against the other’s use of unlawful force. Self defense is not a defense if the other person is simply verbally provoking you.
• Defense of third person: the defendant reasonably believes that his or her intervention is necessary to protect a third person, under Texas Penal Code §9.33.

You should be prepared to discuss all aspects of your case openly and honestly with your attorney. Your attorney will use all of this information to determine which defenses might apply to your case.

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Possible Punishments

The penalties for domestic violence can be very severe. What, if any, punishment a defendant is dealt depends on a variety of factors, including the crime they are convicted of and their criminal history. Some possible penalties include:

• Incarceration: incarceration for simple assault can result in a year in prison, or two to ten years if there is a history of family violence. Aggravated assault, such as assault with a weapon, can carry a penalty of between 2 years to life in prison (for serious injuries).
• Fines, fees and court costs
• Loss of right to possess a firearm
• Probation: also called community supervision, probation means that the defendant will continue to live in the community, with certain stipulations. For example, the defendant may be required to pay certain fees, do community service, or submit to drug testing. If the defendant fails to meet these requirements, probation is revoked and he or she may be incarcerated for the rest of their sentence.
• Counseling: the defendant might be required to receive anger management or other counseling services, and/or provide for counseling for the victim(s).

Of course, there are serious out-of-court “side effects” to a conviction, including the loss of employment opportunities, difficulty getting into college, and even problems finding a romantic partner. Being labeled an abuser is a serious stigma which cannot easily be removed or explained away. Anyone who has been accused of a domestic violence crime should contact an attorney immediately to insure that their rights are protected and the damage to their future is minimized.

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Domestic Violence Resources

Houston Area Women's Center: Domestic Violence Hotline

Houston Police Department Family Violence Unit

Central HPD Headquarters: 1200 Travis Houston, TX 77002 (713) 308-1100

North North Police Station: 9455 W. Montgomery Road Houston, TX 77088 (281) 405-6460

South Southeast Police Station: 8300 Mykawa Road Houston, TX 77048 (713) 731-5960

Westside: 3203 South Dairy Ashford Road Houston, TX 77082 281-584-4900

Ways to Prevent and End Violence - Things we all can do to end violence in our homes and communities

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Matt Horak | Texas Domestic Violence Defense Lawyer

If you have been accused of domestic violence or believe you might be in the future, you are likely very worried. Domestic violence is a serious crime, and the punishments can be very severe. You should contact a Houston criminal defense attorney immediately to insure that everything possible is done to protect your rights and your reputation. Matt Horak represents clients throughout the Houston Texas area, including Harris, Montgomery, Fort Bend, Brazoria, Galveston, Liberty, and Waller counties. Call us today at (713) 225-8000 or toll-free at (800) 225-8009 to a free consultation and discuss the specific facts of your case.

Contributor: Matt Horak