Conroe Domestic Violence Lawyers

Defending Falsly Accused Texans of Family Violence in Montgomery County

Cases in which a person is accused of domestic violence are rarely simple. While there are many situations in which abuse may be committed against family members, there are also cases where people may be falsely accused of engaging in this type of behavior, or people may be arrested based on misunderstandings. However, regardless of the specific circumstances involved in a case, it is important to take these accusations seriously and determine the options for defending against criminal charges and addressing other related legal concerns.

If you have been accused of family violence in Conroe, Texas, an experienced criminal defense attorney at Pullan & Young can help you determine how to respond. Domestic violence accusations can have long-term consequences that may affect your career, your reputation, and your family relationships. By working with our team, you can address the accusations against you and build a defense strategy against any criminal charges that you may face. We will work to help you secure a favorable outcome in your case or even have the charges dropped altogether.

Understanding Family Violence Charges in Texas

There are many types of actions that may be considered domestic violence, including physical or sexual abuse of family members, neglect of children, or threats to injure or harm someone. Texas law refers to these offenses as family violence, and the criminal charges in these cases may be based on actions taken against a member of a person's family or household, including children, parents, siblings, roommates, or others who live in someone's home. Dating violence committed against a current or former romantic partner or against the other parent of a person's child is also considered family violence.

The specific criminal charges that may apply if a person is accused of family violence can vary depending on the situation, but they may include:

• Domestic assault - The offense of assault may apply if a person allegedly inflicted intentional injuries on a family or household member or threatened to cause bodily harm. Acting in an insulting manner and making contact with a family member, such as by pushing or slapping them, may also be considered domestic assault. Assault involving bodily injuries may result in Class A misdemeanor charges, and assault involving threats or insulting contact may result in Class C misdemeanor charges. If a person is accused of inflicting serious bodily injury, they may be charged with aggravated assault, which is usually charged as a second degree felony. However, aggravated assault against a family or household member in which a person allegedly used a deadly weapon and inflicted serious injuries may result in first degree felony charges.
• Sexual assault - A person who is accused of engaging in sexual intercourse with their spouse, another member of their household, or a current or former dating partner without receiving consent may be charged with sexual assault. Any form of sexual contact with a family member who is a minor may also result in sexual assault charges. While sexual assault is usually charged as a second degree felony, first degree felony charges may apply if the alleged victim was a family member by blood, marriage, or adoption.

Protective Orders in Cases Involving Family Violence

In some cases, the alleged victim of family violence or other parties may seek a protective order or restraining order against the alleged abuser. If a person believes that immediate protections are needed, they may file a request for an emergency order known as an ex parte protective order. In these situations, a protective order may be issued based solely on the claims made by the alleged victim, and the alleged offender may not be notified until after the order has been issued. After an ex parte protective order is issued, the court will schedule a hearing to determine whether additional protections are needed.

At a protective order hearing, both parties may testify and present evidence. A judge will review the facts of a case, and if they determine that family violence has occurred and is likely to occur again in the future, they may issue a protective order that is meant to prevent abusive behavior or other actions that could cause harm to family members. These types of protective orders may remain in effect for two years, although they may be extended in some situations.

A family violence protective order may place a variety of restrictions on an alleged offender. In addition to being prohibited from engaging in domestic abuse in any form, a person may be required to move out of their home, and their contact with their spouse, children, or other family members may be limited. They may also be required to undergo counseling or other types of treatment, and they will usually not be allowed to own or possess firearms. A protective order may also put arrangements in place regarding the custody of a couple's children, the payment of financial support, and the possession of property. Violation of any of the terms of a protective order can result in serious penalties, including fines and imprisonment, as well as additional criminal charges for family violence.

Contact Our Conroe, TX Family Violence Lawyers

Accusations of domestic violence or other offenses involving family members should be taken very seriously. At Pullan & Young, our criminal defense attorneys can help defend against family violence charges and protective orders. We will work to put solutions in place that will protect family members against harm while avoiding the disruption of important family relationships. Contact us at 936-647-1540 to set up a free consultation today.