Houston Domestic Violence Defense Lawyer

Protecting Your Rights Against Domestic Violence Charges in Harris County

An argument can quickly turn into a serious legal matter when a spouse, family member or neighbor calls 911. Once law enforcement is involved, the case quickly can spin out of control. The alleged victim will not have the power to refuse to press charges, and law enforcement will more than likely make an arrest once they are called to the scene.

In Texas, domestic violence is a criminal offense that is treated very harshly by both law enforcement personnel and prosecuting attorneys. After law enforcement makes an arrest, it will be in the hands of the prosecutor to decide whether to press charges.

Are you facing charges for domestic violence? Call Guy L. Womack & Associates, P.C. today at (713) 364-9913 or contact us online to schedule with our domestic violence lawyer in Houston.

Understanding Domestic Violence in Texas

In Texas, domestic violence is generally referred to as "family violence" under the law. The Texas Family Code defines family violence as the action by a member of a family or household against another member of the family or household that is intended to lead to physical harm, bodily injury, assault, or a threat that reasonably places the other member in fear of imminent physical harm. This definition encompasses a range of behaviors, not limited to physical violence, and can include emotional or psychological abuse.

Family or household members, as defined by the Texas Family Code, include individuals related by blood or marriage, former spouses, parents (whether or not they have lived together), foster parents and foster children, and individuals who are in a dating relationship or have a child together.

Acts that may be considered family violence in Texas include, but are not limited to: 

• Physical Abuse
• Assault
• Sexual Abuse
• Stalking
• Emotional or Psychological Abuse

Consequences of Domestic Violence Charges in Texas

Domestic violence, also referred to as family violence, is generally defined as any assault on a relative or household member. A first offense of this kind may result in imprisonment for up to 1 year and fines of up to $4,000. Repeat offenders will likely face felony charges and increased penalties, and this also applies in cases involving serious bodily injury.  

Domestic violence may be entirely physical in nature or may also involve emotional abuse, sexual abuse, neglect, or child endangerment. In either case, it is important to receive representation from a knowledgeable legal guide at our firm. Our Houston domestic violence lawyers offer free evaluations!

Effective Defenses Against Domestic Violence Allegations

Legal strategies may vary, but here are some potential defenses against domestic violence charges in Texas:

• Self-Defense: If you can indicate that you acted in self-defense or in defense of others, it may be a viable defense. This typically requires showing that you reasonably believed you were in imminent danger of bodily harm.
• False Accusations: If you believe the allegations are false, you can present evidence to challenge the credibility of the accuser or demonstrate inconsistencies in their statements.
• Lack of Evidence: Prosecutors must prove the charges against you beyond a reasonable doubt. If there is insufficient evidence to support the allegations, we may argue for the charges to be dropped or reduced.
• Mistaken Identity: If there is confusion about who committed the alleged offense, we may argue that you were wrongly identified.
• No Intent to Cause Harm: If the prosecution cannot establish that you had the intent to cause harm, it may weaken their case. Your defense may argue that the incident was a result of a misunderstanding or an accident.
• Evidence of a False Report: If there is evidence that the accuser knowingly made a false report, it could undermine the credibility of their accusations.
• Violation of Rights or Due Process: If law enforcement violated your constitutional rights or failed to follow proper procedures during the arrest or investigation, we may challenge the admissibility of evidence.

Get Legal Help from Our Houston Domestic Violence Lawyer

You may have been accused of and arrested for domestic violence, but you still have rights. You have the right to immediate legal counsel, and you deserve the best. 

By contacting an experienced Houston domestic violence attorney at Guy L. Womack & Associates, P.C., you can find out more about your case and what you are up against. You can get the information you need to make an informed decision not only about your legal counsel but about your case in general.