Prosecutors in Corpus Christi, TX, take domestic violence cases extremely seriously. If you are facing domestic violence charges, you should not expect to catch a break. The best way to protect yourself is to hire a Corpus Christi domestic violence lawyer to defend you.
Barton & Associates Attorneys at Law has over 100 years of combined experience. We routinely represent people charged with domestic violence. Our team consists of strong advocates who aren’t afraid to stand up for you in criminal court.
Call our office in Corpus Christi, Texas, today at (361) 8006 780 to schedule a free consultation with a Corpus Christi domestic violence attorney.
How Barton & Associates Attorneys at Law Can Help If You’re Arrested for Domestic Violence In Corpus Christi
Barton & Associates Attorneys at Law is your first line of defense after being arrested for domestic violence. Our Corpus Christi criminal defense lawyers will fight to get you bail so that you don’t have to sit in jail while you await your trial.
For the last five years, our Corpus Christi criminal defense attorneys have helped clients by:
- Explaining the charges and potential penalties
- Collecting and reviewing evidence
- Pursuing a strong defense
- Filing bond motions
- Filing pretrial motions
- Handling all communications with prosecutors
- Negotiating for a reduction or dropping charges
- Keeping track of important deadlines
- Representing you at trial
- Arguing for a lenient sentence if you are convicted
Every domestic violence case is unique and requires a slightly different strategy. We will work with you to identify that strategy and help you avoid a criminal conviction. Call our office today to begin working with a Corpus Christi domestic violence lawyer.
What Is Domestic Violence In Corpus Christi?
Also called family violence or dating violence, domestic violence is a crime. It is a type of physical, mental, or sexual abuse perpetrated by a person with a familial or intimate relationship with another.
The Texas Family Code defines family violence as an act by one family or household member against another intended to result in or threaten:
- Physical harm
- Bodily injury
- Assault
- Sexual assault
It also includes abuse against a child of the family or household.
Dating violence is similar to family violence but extends protections to those with a dating relationship, even though they may not live together. A dating relationship is one where the parties have a continuing romantic or intimate relationship.
What Charges Count As Domestic Violence In Texas?
Domestic violence is defined by the relationship between the defendant and the alleged victim. However, it covers behavior that is also a crime when it happens between people without a special relationship.
The main domestic violence charges in Texas include:
- Domestic assault
- Aggravated domestic assault
- Continuous family violence
- Violation of a protective order in a family violence case
- Child abuse and neglect
Many people who face domestic violence charges are also charged with other crimes simultaneously.
Domestic Assault
A domestic assault includes a typical assault against a family or household member or with a dating relationship.
An assault includes intentionally, knowingly, or recklessly:
- Causing bodily injury to another,
- Threatening serious bodily harm, or
- Any physical contact that you know is offensive or provocative
This covers a wide range of behavior. In fact, to be convicted of domestic assault, there doesn’t need to be an injury.
Aggravated Domestic Assault
Aggravated domestic assault happens when someone causes a severe bodily injury. It can also include committing a domestic assault with a deadly weapon, like a gun or knife. Someone with severe bodily injury may require surgery or emergency medical treatment and have permanent scarring or disfigurement.
Continuous Family Violence
Continuous family violence is a charge reserved for those who have committed two or more domestic assaults within the past 12 months. The defendant need not have been convicted of these charges, and they don’t need to have been perpetrated against the same person. The purpose of this charge is to recognize the cycle of violence in domestic cases.
Violation of a Protective Order
Violating a protective order is always a crime, regardless of the relationship between the petitioner and respondent. In many domestic violence cases, the court will institute a protective order prohibiting the defendant from having contact with the alleged victim. Violating the protective order in a family violence case is a serious offense.
What Are The Penalties for a Domestic Violence Conviction In Corpus Christi?
The penalty for a domestic violence conviction in Corpus Christi can vary greatly depending on the charge. Misdemeanor and first-offense charges tend to carry lesser penalties than felony charges or repeat offenses. Furthermore, the specific facts of the case may impact the severity of the penalty.
Court-Ordered Penalties
Court-ordered penalties in domestic violence cases may include:
- Jail or prison time
- Probation
- Protective orders
- Domestic violence education courses
- Anger management
- Fines
- Counseling
- Permanent criminal record
If you are convicted, your attorney can argue for a lenient sentence.
Collateral Consequences
In addition to court-ordered penalties, there are also many collateral consequences for a domestic violence conviction. Many people overlook the possibility of collateral consequences, but they can be just as significant as jail time.
Examples of collateral consequences may include:
- Loss of employment
- Difficulty finding housing
- Permanent criminal record
- Loss of the right to vote
- Loss of the right to own a firearm
- Social stigma and isolation
- Loss of parental rights or visitation
- Negative impact on divorce proceedings
An experienced domestic violence lawyer will talk through the collateral consequences in addition to the court-ordered penalties. It is just as important that you are prepared for the aftermath of a conviction as a prison sentence or probation.
Will the Court Order a Protective Order In a Domestic Violence Case?
More often than not, the court will order a protective order in a domestic violence case. This may happen even though you haven’t been convicted of the charges. The standard for issuing a protective order is much lower than for a criminal conviction.
If a judge finds that domestic violence has occurred and is likely to occur in the future, they may issue a protective order. Most final protective orders are effective for two years.
If you are subject to a protective order, then you may be forced to follow many conditions, including:
- No contact or no contact except for certain topics, such as coordinating childcare
- No return to the familial home
- No acts of further domestic violence
- No drugs or alcohol, or undergo drug testing
- Stay away from orders from certain locations
- Surrendering firearms
- Child support
- Substance abuse treatment or other therapy
- Visitation schedule with children
You have the right to fight against a final protective order at a protective order hearing. It is always best to fight against a protective order because it can have serious consequences on your life.
What Are The Defenses To Domestic Violence Charges In Corpus Christi?
There are many defenses to domestic violence charges in Corpus Christi. The defenses available in your case depend on the specifics of the allegations. Our team is trained to identify and pursue every viable defense. This gives our clients the best opportunity to walk away without a conviction.
Some of the most common defenses to domestic violence charges include:
- Self-defense
- Defense of others
- False allegations
- Alibi
- Insufficient evidence
- Lack of intent/ accident
Another way to defend against domestic violence charges is to chip away at the evidence. We can do this through pretrial motions. Pretrial motions are requests for the court to take a certain action, like excluding evidence or statements, before trial. Pretrial motions are an opportunity to learn more about the case and to put pressure on the prosecution.
Some examples of pretrial motions include:
- Motions to suppress evidence or statements
- Motions to dismiss some or all of the charges
- Evidentiary motions to exclude particular pieces or types of evidence
- Other constitutional motions (such as a violation of your rights)
You want a defense attorney who isn’t afraid to file motions leading up to your trial. This is an important opportunity to signal to a prosecutor that you are serious about fighting the charges. The more that you make a prosecutor work for a conviction, the more likely you are to get a favorable plea offer or a better outcome in your case.
Schedule a Free Case Evaluation With a Corpus Christi Domestic Violence Lawyer
You do not have any time to waste if you are charged with domestic violence in Corpus Christi, TX. The police and prosecution are diligently working to secure a conviction against you. You need an advocate to start working to protect you immediately.
Call our office to schedule a free consultation with a Corpus Christi domestic violence lawyer at Barton & Associates Attorneys at Law.