Austin Domestic Violence Attorney

Domestic violence situations demand swift and decisive legal intervention. Whether you’re a victim seeking protection or someone confronting false allegations that could jeopardize your freedom, career, and reputation, you cannot afford to navigate this alone. Call (512) 547-7265 to consult with one of our criminal defense lawyers at O’Connell West, PLLC, who can guide you through the legal process and fight aggressively to protect your rights and future.

Charges in Texas Domestic Assault Case

Domestic violence charges in Texas vary widely based on the circumstances of the alleged incident. We defend clients against multiple charge types, each carrying distinct penalties under state law.

Assault Family Violence First Offense

A first-time family violence assault under Texas Penal Code § 22.01 typically results in a Class A misdemeanor charge. Convictions can lead to up to 1 year in jail and fines of up to $4,000.

Continuous Family Violence

Under Texas Penal Code § 25.11, continuous family violence applies when someone commits two or more assaults against family members within 12 months. Prosecutors charge it as a third-degree felony, punishable by 2 to 10 years in prison and fines up to $10,000.

Aggravated Domestic Assault

Aggravated assault against a family member under Texas Penal Code § 22.02 involves serious bodily injury or use of a deadly weapon. Courts charge it as a first-degree felony, carrying a sentence of 5 to 99 years in prison and fines up to $10,000.

Repeat Offense

A second domestic assault charge becomes a third-degree felony under Texas Penal Code § 22.01(b)(2). Penalties include 2 to 10 years in prison and fines of up to $10,000, significantly more severe than for first-time offenses.

Injury to a Child

Causing injury to a child under Texas Penal Code § 22.04 can be charged as anything from a third-degree felony to a first-degree felony. Penalties span from 2 to 99 years in prison, depending on whether the injury was intentional or resulted in serious harm.

Factors Influencing Charges

Several elements determine how prosecutors charge domestic violence cases and what penalties you face. Circumstances that result in enhanced penalties include:

• Choking or Strangulation: Interfering with breathing or blood flow can elevate charges to a third-degree felony, even if no visible injuries are present.
• Serious Bodily Injury: Causing injuries that pose a substantial risk of death or permanent disfigurement can result in enhanced felony charges and longer prison terms.
• Use of a Deadly Weapon: Using firearms, knives, or other dangerous instruments during an alleged assault may lead to aggravated assault charges.
• Prior Convictions: Previous domestic violence convictions can automatically escalate subsequent charges from misdemeanors to felonies.

Prosecutors aggressively pursue enhanced charges when these aggravating factors appear in your case. At O’Connell West, PLLC, we examine every detail to challenge the allegations and minimize potential consequences you face.

No Drop Policy in Texas Domestic Violence Cases

Texas prosecutors follow a “no drop” policy in domestic violence cases, meaning they can proceed with charges even if the alleged victim recants or refuses to cooperate. Once law enforcement files a report and prosecutors accept the case, they rarely dismiss charges based solely on the victim’s wishes.

We understand that relationships are complex and circumstances change, but the state treats domestic violence as a crime against society rather than just the individual. Our Austin domestic violence attorneys work diligently to challenge the evidence, negotiate with prosecutors, and explore all available options to protect your rights even when prosecutors pursue charges despite changed circumstances or reconciliation.

Protective Orders in Austin Domestic Violence Cases

Courts issue protective orders to restrict contact between alleged victims and defendants while domestic violence cases are pending. Protective orders are as follows:

• Emergency Protective Orders: Law enforcement requests these immediately after an arrest, typically lasting 31 to 61 days until a hearing occurs
• Temporary Ex Parte Protective Orders: Courts grant these without the defendant present, remaining in effect up to 20 days pending a full hearing
• Permanent Protective Orders: Following a full hearing, judges can impose orders lasting up to two years or longer in certain circumstances

Violating a protective order is a Class A misdemeanor under Texas law. Subsequent violations can result in felony charges, making strict compliance critical for protecting your legal interests.

What Should I Do If I Am Falsely Accused of Domestic Violence?

False accusations of domestic violence can have serious and far-reaching consequences, including criminal charges, restraining orders, and damage to personal and professional reputations. Prompt legal action, thorough evidence gathering, and a skilled defense are vital to protect your rights and clear your name.

We challenge inconsistencies in alleged victims’ stories and expose motivations behind fabricated claims. When you face unfounded allegations, our Austin domestic violence lawyer team fights relentlessly to clear your name and restore your standing in the community.

Consult a Compassionate Austin Domestic Violence Attorney

Our firm brings more than 80 years of combined experience defending clients against domestic violence allegations throughout Travis County. We leverage our extensive courtroom experience, relationships with prosecutors and judges, and comprehensive knowledge of Texas criminal law to achieve favorable outcomes.

Don’t face domestic violence charges alone when experienced legal representation can mean the difference between conviction and the possibility of dismissed or reduced charges. Call O’Connell West, PLLC, at (512) 547-7265 or reach out online to consult with a trusted Austin domestic violence attorney who will fight for your rights.