Texas Domestic Violence with Firearms
Domestic violence is a widespread and troubling problem in the United States, and it’s a big concern in Texas too. When firearms are involved in these situations, the danger level goes up, making it more likely that someone could get seriously hurt or even killed.
There’s a strong connection between romantic or intimate partner violence and firearms violence in the United States, and it affects lots of women, families, and communities all over the country. When abusers possess firearms, the chances of them killing women increase by 5 times. Guns also help abusers manipulate and control their victims emotionally and through coercion.
What is Domestic Violence?
In Texas, domestic violence refers to violence done by someone in a family or close circle. This can be a partner, ex-partner, immediate family members, other relatives, or even family friends.
The National Domestic Violence Hotline defines domestic violence as a series of actions one partner uses to have power and authority over the other partner in a intimate relationship. This might include actions like physical violence, sexual abuse, controlling, and intimidating a partner to do things they don’t want to do, which can happen through physical abuse, threats, emotional mistreatment, or financial control. When spouses or partners are involved in such situations, people commonly refer to it as “intimate partner violence.”
Texas Domestic Violence Concerning Firearms
In recognition of the risks associated with domestic violence with firearms, Texas has implemented several laws to address this issue. Some key legal aspects include:
Victims of domestic violence can request a domestic violence of restraining orders that may include provisions restricting the abuser’s access to firearms.
The Gun Control Act of 1968, sometimes referred to as the “Lautenberg Amendment,” is a federal law that makes it illegal for people who have histories of domestic violence offenses to have access to a gun or own firearms.
The Family Code
Under Texas law, Family Code Chapter 85.026 outlines firearm prohibitions for individuals subject to protective orders in domestic violence cases.
Domestic Violence with Firearms Charges
- Assault – Texas Penal Code, Section 22.01(a)(1);(b).
If you physically harm your family or household member with a firearm, you may face an assault charge. This could result in a Class A misdemeanor, carrying a fine of $4,000 and/or up to one year in county jail.
- Deadly Conduct – Tex. Penal Code §22.02(a)(2)
Using a firearm to recklessly endanger someone can result in a second-degree felony charge for deadly conduct. Those convicted face imprisonment for 2 to 20 years in jail and a fine of up to $10,000.
Understanding the Legal Implications
Having a domestic violence conviction on your record can result in several lasting impacts aside from the penalties, such as:
- Immediate consequences of charges
Even if you haven’t received a formal conviction for domestic abuse, you might find yourself in jail. It’s crucial to understand that an arresting officer doesn’t need to have seen the event to make the arrest.
- Losing gun and hunting license
You might force to sell your firearms or give it to the police if your convicted of domestic violence. In Texas, if you have a domestic assault conviction and complete your sentence, they could ban you from carrying a firearm for up to 5 years.
- Finding a new place to live might be hard since some landlords avoid renting to those with a domestic violence conviction. If you’re not a U.S. citizen, a domestic violence conviction could lead to deportation and prevent you from coming back.
Federal Laws and Domestic Violence
Each state has its own approach to domestic abuse, leading to varying meanings of domestic violence. Across the U.S., violent acts like hitting can be criminal offenses, either as felonies or misdemeanors. Some states treat these acts like general physical assault, while others have stricter penalties when the victim is a romantic partner.
Domestic violence goes beyond physical harm, so states have widened their laws to encompass different abusive behaviors. In certain states, actions like trespassing or disorderly conduct can be considered domestic violence when the victim is a romantic partner. In others, the list of domestic crimes has expanded to include acts such as animal cruelty, harassment, and stalking.
Arrested? Don’t Plea, Call Me!
Domestic violence with firearms is a critical issue, and understanding the legal consequences is crucial. Texas takes a tough stance on these cases, with severe consequences for accused. If you’re facing charges related to domestic violence with firearms, it’s crucial to consult with an experienced attorney. They can guide you through the legal process and provide legal advice.
A skilled domestic violence defense attorney examines your case, crafts a personalized defense, negotiates with the charges, and protect your rights in court. They enhance your chances of a good outcome.