If you are facing domestic violence charges in Odessa, your first move should be to hire an Odessa domestic violence lawyer who will be an aggressive defender of your rights.
Domestic violence is a serious problem throughout the state of Texas. Data from 2011 shows that there were 198,366 cases of domestic violence in the state that year, nearly a third of Texans experience domestic violence in their lifetime.
Domestic violence is all too common an occurrence for people and the charges cannot be taken lightly. You may face misdemeanor or felony charges even if the spouse or victim does not wish to bring charges against you or if you believe the two of you have reconciled. That does not mean the court will drop the charges.
An attorney with experience in handling domestic violence cases in Odessa can review all the facts of the case and prepare the strongest defense to give you a positive outcome in your case and put your life back to normal.
Domestic Violence Charges
Texas defines family violence as occurring when a member of a family or household does physical harm to another family member, either through bodily injury, assault, or sexual assault, or threatens to do so. In other words, it is the underlying charge of assault, sexual assault, aggravated assault, et cetera, between spouses or among the family.
As soon as a party is charged with a domestic violence offense, the court may order an emergency protective order to prevent them from visiting or communicating with the victim, visiting the home, or possessing a firearm.
The court may also order a party charged with domestic violence to undergo the Battering Intervention and Prevention program, which offers counseling and educating to both the victim and the party charged.
Potential Penalties
If a party charged with domestic violence offenses has a previous conviction for assault or a domestic violence charge. The underlying assault charge can be elevated from a class A misdemeanor to a felony in the third degree.
If an alleged victim has applied for a protective order. Therefore, the court may grant it if it judges that violence is likely to reoccur. The protective order may prohibit a party from visiting a certain property or from moving children, among other potential restrictions.
A party which violates a protective order can be subject to a Class A misdemeanor. Which means a fine of up to $4,000 and jail not to exceed a year. If the party has previous convictions. They may be subject to a felony in the third degree. Which entails possible imprisonment of up to ten years but not less than two years. As well as a fine of up to $10,000.