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What Are the Consequences of a Conviction for Domestic Violence in Texas?
Domestic violence charges are treated seriously by Texas courts and law enforcement authorities. If you face a domestic violence charge in or near the greater Houston area, reach out immediately to a Houston domestic violence defense lawyer for the legal assistance you need.
Domestic violence convictions have serious consequences, and a domestic violence conviction in Texas may stay on your record for life. You may have trouble finding housing or employment, attending the school of your choice, or qualifying for a loan or public benefits.
If you are a police officer, firefighter, healthcare worker, pilot, teacher, daycare provider, or government employee, you may lose your job after a domestic violence conviction, and you may not qualify for work that requires a special license, a security clearance, or carrying a firearm.
Can You Own a Firearm After You Receive a Domestic Violence Conviction?
In Texas, owning a firearm is your right. That right is established and protected by the Constitution and Texas state law. Provided that you own a firearm within the boundaries of state and federal law, there is no penalty for firearm ownership.
However, if you receive a conviction from a Texas court for any crime of domestic violence, you must surrender any firearms you own. After someone receives a conviction for a crime of domestic violence, the ownership of a firearm by that person is a violation of federal law.
If you face any domestic violence charge in the Houston area, you must contact a Houston domestic violence defense attorney as soon as possible. A skilled defense lawyer will use every available legal tool to help you avoid a conviction and retain your right to own a firearm.
What Does Federal Law Require?
Offenders with domestic violence felony convictions have been unable to possess or purchase firearms and ammunition legally since the federal Gun Control Act became law in 1968. The Act was amended in 1996, extending the ban to those convicted of domestic violence misdemeanors.
Under Texas law, anyone convicted of a felony may not possess a firearm until five years after release from prison, parole, or probation. However, those convicted of a domestic violence crime, even a misdemeanor, are permanently banned from possessing firearms by federal law.
If you receive a domestic violence conviction, no lawyer can help you retain your firearm rights. Even a misdemeanor domestic violence conviction means you may never buy or possess a firearm. Any violation is a federal crime punishable on conviction with up to ten years in prison.
Texas also prohibits someone from possessing a firearm while that person is subject to a domestic violence-related protective order issued in Texas or another state. Firearms must be surrendered to the authorities immediately and for as long as a protective order is in effect.
When Should You Contact a Domestic Violence Attorney?
In Texas, domestic violence crimes include dating violence, child abuse, and any action against a family or household member that threatens to cause or in fact causes an assault, a bodily injury, physical harm, or a sexual assault. Texas law defines family and household members as:
- current or former co-residents who cohabit or share a residence
- divorced or married spouses
- current or former dating or romantic partners
- parents of the same child
- foster parents and foster children
- relatives by blood, adoption, or marriage
If you are arrested and charged with any domestic violence-related crime in or near Houston, promptly contact a Houston domestic violence defense attorney who will advise and represent you, protect your rights, and seek to have the charge against you dropped or the case dismissed.
How Will Your Lawyer Handle Your Domestic Violence Case?
If the domestic violence charge against you cannot be dropped or dismissed, and you are innocent, do not plead guilty or take a plea deal. Insist on your right to a trial, where your lawyer will explain to a jury why you are not guilty and ask the jurors to return an acquittal.
If the case goes to trial, your Houston domestic violence defense lawyer will prepare an aggressive and effective defense strategy.
If you face a domestic violence charge in or near the greater Houston area, you must have legal counsel immediately. Get the legal help and advice you need by calling the Cory Roth Law Office.
Let the Cory Roth Law Office Handle Your Domestic Violence Case
If you need a defense attorney to fight for your rights in the Houston area, you need attorney Cory Roth. The Cory Roth Law Office advocates aggressively for resolutions that allow our clients to avoid criminal domestic violence convictions and retain their firearm rights.
When you become our client, award-winning Houston attorney Cory Roth will investigate what happened, examine the evidence, and advocate effectively on your behalf. If the claim against you is fabricated, attorney Cory Roth will use every available legal tool to uncover the truth.
A conviction for domestic violence is about more than your gun rights. If you receive a conviction, you could be sentenced to jail or prison. Find out more if you are facing a domestic violence charge or retain counsel now by calling the Cory Roth Law Office at 832-400-4133.