Facing family violence charges in Texas can be an overwhelming and confusing experience. If you’ve found yourself in this situation, you’re probably wondering what counts as family violence, what steps to take next, and how to handle the legal process. At McCarty Larson, PLLC, we understand that this is a stressful and emotional time for you. It’s natural to feel anxious or worried about the future. Rest assured, you’re not alone, and there are steps you can take to fight these charges and protect your rights.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
What Counts as Family Violence in Texas
Family violence in Texas refers to any act of violence or threat of violence against a family member or household member. This includes not only physical violence but also emotional, psychological, and verbal abuse. Texas law is broad when it comes to family violence, and it covers a variety of actions that may lead to criminal charges.
Common types of behavior that fall under family violence include hitting, slapping, kicking, or threatening harm to a spouse, partner, children, or other family members. It also includes instances where there is a pattern of controlling behavior, such as isolating someone from friends or family, threatening harm, or harassing them. Verbal abuse and emotional manipulation can also be considered forms of family violence, especially when they are part of a pattern of behavior meant to intimidate or control another person.
It’s important to understand that the law considers family violence very seriously. Even minor injuries or threats can result in criminal charges. In many cases, the police will arrest someone on the scene of a family violence call, even if there is no physical injury. This is because Texas law allows for an arrest based on reasonable belief that violence occurred, even if there is no visible injury.
The Consequences of Family Violence Charges
Family violence charges can have serious consequences, even if it’s your first offense. If you are convicted of family violence, it could result in a criminal record, which may affect your ability to get a job, find housing, or travel. In addition to the criminal penalties, family violence charges may lead to a restraining order or a protective order, which can limit your ability to see or contact your children or other family members.
If you have been arrested for family violence, there are other long-term consequences you should be aware of. These could include losing custody of your children, being barred from possessing firearms, and facing a criminal trial with potential prison time. The severity of the consequences depends on the nature of the charges and whether you have any prior convictions.
What to Do When Accused of Family Violence
If you have been accused of family violence, the first thing you should do is seek legal assistance from a skilled attorney who understands the Texas legal system. The legal process can be complex and confusing, especially when it comes to family violence charges. You need someone who will be with you every step of the way to ensure your rights are protected and that you have the best chance of a positive outcome.
Once you have an attorney on your side, they will help you understand the charges against you and advise you on the next steps. There are several things you can do to prepare for your case and protect yourself legally. The first step is to remain calm and avoid engaging in further conflict with the alleged victim. If there is a protective order in place, make sure to follow it to the letter to avoid further complications. Your attorney will guide you on how to handle interactions with the alleged victim and how to handle any legal orders.
Another important step is to gather any evidence that may help your case. This could include text messages, emails, phone records, or witness testimony. Evidence showing that the allegations are false or that you were acting in self-defense can be crucial in defending your case. Your attorney will know what evidence is necessary and how to present it effectively to the court.
Robin McCarty worked diligently with me to overcome a serious accusation. We collaborated together to unequivocally dismiss the charges with impunity. As is common when dealing with municipalities, this process took time and patience. Robin’s team was communicative, responsive and thoughtful while handling this intense situation. I highly recommend giving McCarty-Larson the opportunity to work through your case. - Pablo Valdes They help me through my divorce last year. It’s not easy mentally and physically but they had Great customer service any and every questions I had they answered my questions walk me through the whole process thank you and your team for all y’all did for me . What are you waiting for just call and see for yourself - Aaron Herrera From the first phone call late on a Friday afternoon to the successful out come of our legal issue, our family has had nothing but praises for the entire staff at McCarty-Larson. Always available, honest and upfront about the whole process. Mr. McCarty is an experienced and knowledgeable attorney with whom we always felt secure. And he genuinely cared about our family member. Robin and Natalie are a great team. Hayley was always very helpful too. Thank you to the entire staff and firm. - Neil Phillips I had seen a few lawyers who made me feel humiliated to file bankruptcy, but as soon as I spoke to McCarty Larson I knew it was the right firm for me. They were so kind and made me feel at ease, everything was explained thoroughly in advance and the process went smooth, I needed to relieve the stressful situation of a bankruptcy. I could not ask for a better team (office personal is just as wonderful) May God Bless them they are truly there to help people in such a stressful time. - Marco & Linda They Made It Simple. I was lucky to have McCarty-Larson help me with my Chapter 7 bankruptcy and they made it so simple and their staff was fast as well. I will definitely refer them to my friends and people around me in case they need help. Great service, professional and fast! - Thi L. McCarty-Larson should be everybody's first choice when it comes to bankruptcy. They made the entire Chapter 7 bankruptcy process much less complicated. They were great at letting us know exactly what was needed and did a lot to relieve the stress of the situation. Their professionalism, communication, and support is top notch. - P.T.
Defending Against Family Violence Charges
There are several possible defenses to family violence charges. The most common defense is that the violence was not intentional or that it was a result of self-defense. In some cases, family violence charges are the result of misunderstandings or false accusations. Your attorney will examine the facts of your case and determine the best strategy for defending you in court.
Another potential defense is that the alleged victim consented to the actions in question. In some cases, the alleged victim may later recant their story or change their statement. If the victim decides not to press charges or testifies that the allegations were false, this can have a significant impact on your case.
If there is a lack of evidence to support the family violence charge, your attorney can argue that the prosecution has failed to meet its burden of proof. Texas law requires the prosecution to prove beyond a reasonable doubt that the crime occurred. If there is any reasonable doubt about the allegations, your attorney can argue for a dismissal or acquittal.
Protecting Your Future
It’s crucial to take family violence charges seriously, as the long-term effects can be life-changing. While you may feel overwhelmed, it’s important to remember that there are ways to fight these charges and protect your future. By working with an experienced attorney who understands family violence cases, you can have confidence that your rights will be protected and that you will have the best chance of achieving a favorable outcome.
Throughout the legal process, it’s important to stay calm and focused. Avoid talking about the case with anyone except your attorney and refrain from discussing the situation on social media. This can be used against you in court, so it’s important to be careful with your words and actions during this time.
Get the Help You Need
If you are facing family violence charges in Texas, it’s essential to have the right legal representation on your side. At McCarty Larson, PLLC, we understand the challenges you are facing and we are here to help. Our team of experienced attorneys is committed to fighting for your rights and providing you with the best possible defense.
We know that being accused of family violence can be an emotional and stressful experience. Our goal is to guide you through the legal process with empathy and understanding, helping you navigate the system and achieve the best possible outcome for your case. You don’t have to face this alone—contact McCarty Larson, PLLC today to schedule a consultation and start working on your defense. We are here to help you every step of the way.