The Consequences Of Domestic Violence Convictions In Texas

Under Texas law, domestic abuse is a severe charge with serious consequences. If the court finds you guilty, you could face penalties, including prison time, loss of privileges, or a lengthy probationary period.

One of the factors that can lead a domestic violence misdemeanor charge into a felony is if the defendant has prior domestic violence convictions. It demonstrates how the state’s goal is to reduce recurrent offenses and, as a result, repeat victims. Therefore, you must immediately contact a competent Defense Attorney to handle your case and vigorously defend you in court.

Texas Domestic Violence Laws

Domestic assault, aggravated domestic assault, and continuous family violence are the categories into which Texas laws identify domestic violence.

Texas law defines domestic violence as an act by a household or family member against another member that intends to result in bodily injury, other forms of physical harm, or sexual assault. In addition, it could be a threat that reasonably causes the member to fear imminent physical dangers, not including defensive measures to protect oneself.

A domestic violence attorney can assess your case’s particulars to ensure that the court treats you fairly.

Domestic Assault

Any of the following actions against a family or household member or a current or former romantic interest constitutes domestic assault:

• Committing bodily harm to another individual willfully, deliberately, or carelessly.
• Knowingly and intentionally threatening another person with immediate physical harm.
• Causing physical contact with another person with the intent or knowledge that the other person will find the touch provocative or offensive.

Recklessness means that the offender did not intend to harm but managed to do so despite knowing or having reasons to know that their actions could cause harm. Meanwhile, provocative or offensive contact refers to behaviors that make someone feel personally violated rather than directly harm them.

Aggravated Domestic Assault

A domestic assault’s more severe, amplified form of offense is an aggravated domestic assault charge. It is so because it deals with incidents that result in severe bodily harm to a close friend, family member, or household member.

Moreover, it relates to incidents where the offender used or displayed a lethal weapon. For example, an individual will face charges for severe domestic abuse if they:

• Purposefully, carelessly, or knowingly causes serious bodily harm to a third party.
• Use or display a lethal weapon while committing an assault crime, including making threats of physical harm or acting in a way the victim is likely to find objectionable.

Continuous Family Violence

An individual would face continuous violence against family prosecution if the alleged victim reported two or more domestic assaults within a year. Either of these assaults didn’t need to end in an arrest or a conviction as long as there were two prior incidences involving domestic assault. It may also apply to cases involving a police visit without arrest or deferred judgment.

Consequences Of Domestic Violence Convictions In Texas

A domestic violence conviction in Texas affects your personal and professional life in many ways. Here are a few potential consequences.

Criminal Penalties

In Texas, a first-time domestic assault conviction is a Class A misdemeanor. You may get probation, community service, or delayed judgment. However, you will serve a prison sentence if you commit another crime.

If you have a previous record of domestic abuse, you will face a third-degree felony charge. You might spend a year or more behind bars which will show in your criminal records. As a result, you will face limitations to your options for employment and residence. 

The court may enhance your charge to a second-degree felony if you used or displayed a dangerous weapon incident. It means that even if you didn’t do any harm, it is still illegal to threaten your spouse with a bat, gun, or knife.

If you have committed two or more domestic assaults in the past two months, you may face charges of continuous family violence. Remember that it counts as two assaults against the same family, so law enforcement can charge you even if you strike your spouse one month and a child the next.

Moreover, law enforcement might charge you with domestic violence if your earlier offenses led to convictions or arrests. If the court finds you guilty of a charge of such an offense, you will have committed a third-degree felony. However, severe bodily injury caused by an assault with a dangerous weapon constitutes a first-degree crime.

Fines

The court may impose a fine of up to $4,000 for a misdemeanor concerning domestic violence. Additionally, there may be additional reparations for victims of domestic abuse to cover counseling fees and property damage. If you cause physical harm, you’ll also be responsible for their medical costs.

Deferred Adjudication

Deferred adjudication is when the court delays punishment as long as the defendant faithfully complies with the court’s directives. It could entail restitution, refraining from further arrests, giving back to the community, completing therapy for domestic violence offenders, or finishing probation without incident.

It often only applies to first-time domestic assault offenders and is not an option for individuals accused of aggravated domestic abuse. The court may release the defendant from custody and dismiss the case if they thoroughly and successfully fulfill all court-mandated tasks. However, the defendant will face punishment and conviction if they do not meet court conditions.

Community Supervision

Community monitoring or probation is an alternative to jail time for individuals convicted of domestic violence. However, the prisoner may serve 30 days in jail for misdemeanors and 180 days for more severe offenses before starting community supervision. Supervised probation might last up to two years for a misdemeanor; for a felony, it could last up to ten.

Probationary conditions may include:

• A probation officer’s meetings.
• Payment of probation fees.
• Receiving medical care.
• Curfews.
• A drug test.
• Preventing new criminal activity and arrests.

Limitations To Education Or Employment

Beyond the state-mandated sanctions or penalties, having a domestic violence conviction on your record can have far-reaching effects. For instance, you might find it challenging to find work or employment.

Organizations frequently perform background checks on applicants, meaning they may refuse employment if they find convictions for domestic violence or other crimes.

An applicant with a history of domestic violence may not get a job if the position requires working with women, children, or other particularly vulnerable individuals. Furthermore, you can find it challenging to keep your job if you are a police officer, pilot, firefighter, healthcare professional, childcare provider, teacher, military member, or a city, county, or state employee.

A job that needs a specialized license, security clearance, or the ability to carry firearms in the workplace may also be tough to keep.

A string of court dates resulting in missed work could impact your job status at your present place of employment if the court convicted you of domestic violence. Additionally, having a charge like this on your criminal record could prevent you from getting educational opportunities.

The Authorities May Order You To Move

After the court convicts you of domestic abuse, losing your residence is one of the worst consequences that could happen to you. If the house of the accuser or the alleged victim is also where you reside, a judge may issue an order requiring you to leave the property.

Not to mention, it could be challenging to find a new house. Some landlords could decline to rent to someone convicted of domestic violence. Additionally, a conviction may result in deportation and a ban on re-entry for immigrants.

How Does This Impact Your Life?

A protective or no-contact order is frequently the outcome of a domestic violence charge. It may bar you from going within 200 feet of your residence, children, spouse, and even their workplace.

The injunction typically lasts for two months, but if you displayed or used a dangerous weapon in the event, it could last for three months. In addition, a no-contact order forbids you from communicating with them in any way. It implies you cannot call the kids to see how they are doing or even write letters to your soon-to-be ex.

A domestic violence conviction may limit your employment options in various industries. For instance, if you work in medicine or education, you can lose your professional license, or authorities may refuse you one.

You may lose your right to own a gun for five years if the court convicts you of domestic abuse. Additionally, you would be unable to own a firearm under federal law.

Hire A Criminal Defense Attorney

Many alleged victims make accusations of domestic abuse amid an argument and without any actual attack having taken place. Unfortunately, whatever the situation is, domestic violence in Texas is a severe offense. Therefore, you must seek guidance and representation from a skilled and experienced Criminal Defense Attorney. 

They will help you fight for your rights and build solid defense strategies to convince the court to reduce your sentence or dismiss your case. In addition, they can discuss your alternatives and defend your legal rights while preparing for any long-term repercussions from a domestic violence charge.

 

See: Can Can an Alleged Victim Withdraw the Complaint and Refuse to Press Charges?
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