Domestic Violence Attorney in San Marcos, TX

Defending You from Serious Criminal Penalties

While all violent crimes are taken seriously under the law, domestic violence charges often carry more severe penalties than other crimes. If you’ve been accused of harming or threatening to harm a family member or someone who lives in your household, it’s likely that you’ll face domestic violence charges. The Texas court system takes these allegations very seriously, and there are policies in place that force many defendants to face the full extent of the law.

Unfortunately, domestic violence accusations aren’t always true. It’s possible that you’re facing domestic violence charges because of a simple misunderstanding or because of an exaggerated claim of violence. No matter what your situation is, working with a domestic violence attorney in San Marcos is the best way to protect your rights and avoid criminal consequences.

At Seymour & Vaughn, we know how important it is to protect your reputation and your livelihood. We are committed to providing experienced defense strategies to defend your best interests and get you the outcome you deserve. If you are facing domestic violence, family violence, or assault charges, please don’t feel like you have to navigate them on your own. Contact our law offices by calling 830-282-8751.

How Does Texas Define Domestic Assault?

The definition of domestic assault can vary from state to state. In Texas, domestic violence is defined as either family violence or dating violence.

The definitions of both are:

Family Violence

Family violence occurs when an individual intends to cause bodily injury, physical injury, or perform sexual assault against a family member or household member. Threatening to harm someone in their family or household is also considered family violence.

A family or household member could include:

Husband or wife
Brother or sister
Current roommate
Ex-husband or ex-wife
Mother or father
Mother or father of a person’s child
Foster child
Foster parent

Dating Violence

Dating violence is committing harm or threatening to commit harm against a person the individual is dating. A dating partner is often a boyfriend or girlfriend but can include ex-partners as well. The court will examine the length of the relationship and how the two interacted to determine whether they were dating.

What Are the Most Common Domestic Assault Charges?

There are many types of domestic violence and assault charges you could face. Your specific charges will depend on what you are accused of and your relationship with the alleged victim. Different domestic violence charges can have different penalties, so it’s essential to understand exactly what you are facing.

The most common domestic violence charges include:

Domestic Assault

Assault is knowingly or recklessly causing bodily injury to another person. Threatening imminent harm can also lead to assault charges if the alleged victim believes they are in immediate danger.

A first offense for a domestic assault charge is typically a Class A misdemeanor. A second offense will be upgraded to a third-degree felony. Causing serious bodily injury or causing injury while using a weapon can lead to increased charges and penalties.

Injury to a Child

The Texas court system takes injuries to children very seriously. Causing harm, including mental injury or impairment, to a child under 14 can be a felony offense. Injuries caused knowingly are first-degree felonies, while injuries caused recklessly are second-degree felonies.

Any bodily injury caused by criminal negligence is a state jail felony.

Assault by Strangulation

Blocking a person’s nose or throat during an assault can lead to increased penalties. In most cases, this is anything that impedes breath or circulation. A first charge for assault by strangulation is a third-degree felony, and any subsequent charges are second-degree felonies.

Terroristic Threats

Making a terroristic threat is intentionally placing another person another person in fear of imminent bodily harm. Any threat against a household member or dating partner can lead to a Class A misdemeanor.

Child Endangerment or Abandonment

Placing a child in imminent danger, even if they were not harmed, is a crime. Similarly, leaving a child under the age of 15 without care that would expose them to risk or harm is also a crime. These charges can range from state jail felonies to second-degree felonies.

Stalking

Stalking is any action that the defendant takes, knowing the alleged victim will feel threatened. Threats could be toward the victim’s safety, property, or life. To be considered stalking, these threats must be made more than once. Stalking is a third-degree felony.

Interference With an Emergency Telephone Call

Interference charges often arise in domestic violence cases. If the accused knowingly prevents another person from making a call to law enforcement, it can lead to a Class A misdemeanor. Second offenses can lead to state jail felonies.

What is a Protective Order?

Protective orders are often issued in domestic violence cases. When an alleged victim fears for their life or safety, they can petition the court for a protective order. An emergency protective order can be issued without a hearing and without the accused present. Emergency orders can last up to 90 days, after which the alleged victim can request a new protective order.

A final protective order requires a court hearing, and the accused must be notified and allowed to attend. If you are notified of a protective order hearing, it is essential to work with a domestic violence attorney who will represent you in court. During the hearing, the petitioner must prove that domestic violence occurred and is likely to occur again in the future. You will have the opportunity to contest this order.

A protective order puts many restrictions on how you live your life. Protective orders could mean:

You must move out of your home
You must split your community property or award all of it to your spouse
You cannot communicate in any way with the alleged victim
You cannot see or visit your children
You cannot have custody of your children
You are not allowed to go near the victim, including to their workplace or school
You cannot sell property
You cannot own or possess a firearm

Violating a protective order is against the law and can result in a Class A misdemeanor plus increased penalties. It could also lead to stalking charges. If you’re concerned about a protective order or need representation during a protective order hearing, please contact a San Marcos domestic violence lawyer at Seymour & Vaughn today.

What Are the Penalties for Domestic Violence Convictions?

Domestic violence convictions are serious and can impact your future. If you are convicted of a domestic violence charge, you will likely no longer be able to carry a firearm. You may also face fines and jail time.

The punishments for a domestic violence conviction in Texas include:

Class C Misdemeanor: $500 fines
Class B Misdemeanor: $2,000 fines and jail time of 180 days
Class A Misdemeanor: $4,000 fines and jail time of up to one year
State Jail Felony: Fines of up to $10,000 and 180 days to two years in prison
Third-Degree Felony: $10,000 fines and 2 to 10 years in prison
Second-Degree Felony: $10,000 fines and 2 to 20 years in prison
First-Degree Felony: $10,000 fines and five to 99 years or life in prison

If you are convicted of domestic assault, you will not be able to expunge your record. Having a domestic violence conviction on your criminal record can make it difficult to secure housing, find a job, and maintain relationships in your community. The best way to avoid these serious penalties is by working with our lawyers to defend yourself.

What Are the Most Common Defenses in Domestic Violence Cases?

Your strategy for fighting a domestic violence charge depends on what you are charged with and the evidence against you. In many cases, police officers arrest defendants based on very little evidence. Even small disturbances or public arguments can lead to domestic violence charges.

Our San Marcos domestic violence attorneys may use the following strategies for your case:

Lack of Evidence

It is up to the prosecution to prove that you committed a crime beyond a shadow of a doubt. Domestic violence cases often have little to no evidence involved. Our team can examine the evidence against you and try to have the case thrown out, if possible.

False Accusations

Some people use domestic violence accusations as a way to ruin another person’s reputation. If you are going through a divorce, custody battle, or breakup, it’s possible that your partner accused you of domestic violence to make your life harder.

Self-Defense

The law allows a reasonable use of force to defend yourself or others. If you believed that you or your children were in danger, you likely cannot be charged with domestic assault.

Should You Consult Our Team Today?

Being accused of domestic violence can have major disruptions in your life. Your home, your livelihood, and your relationships could all be jeopardized by these allegations. Criminal charges have a lasting impact on your life, making it hard to secure a job, find housing, and more. If you’re facing domestic violence charges, you need a team of experienced Texas lawyers on your side to fight for your rights and get you the outcome you deserve.

Our team at Seymour & Vaughn has years of experience serving clients in the San Marcos area. We know how the Texas legal system operates, and we have connections that we can use to your advantage. Whether this is your first criminal offense or you have a criminal history, we are confident that we can assist you.

Our attorneys are ready to tackle your case. To get started right away, contact Seymour & Vaughn for a free consultation by calling 830-282-8751.