Houston Domestic Violence Defense Attorney

Aggressive Defense for Felony Domestic Violence Charges

Navigating the complexities of felony domestic violence charges in Houston demands immediate action and strategic defense. At the Cory Roth Law Office, we go beyond traditional defense tactics to offer innovative and personalized strategies tailored to the specifics of your case. Our team of Houston domestic violence lawyers is committed to safeguarding your rights and achieving the best outcome, leveraging our deep understanding of both the legal landscape and the sensitive nature of these accusations.

Facing domestic violence charges can disrupt your life significantly. If convicted, you could face severe restrictions, including emergency protective orders that limit your access to your home and family, and could lose the right to possess firearms. Such charges can also hinder your career prospects, educational opportunities, and parental rights.

We recognize that domestic violence cases can sometimes involve exaggerated or false claims. Our approach is thorough and discerning, ensuring every angle is explored and every defense is robustly argued. We’re here to listen to your side of the story and fight for your future.

Don’t let a moment of accusation define your life. Contact the Cory Roth Law Office at 832-400-4133 to schedule a confidential case evaluation.

What is the Legal Definition of Domestic Violence?

Under Texas law, domestic violence is broken down into family violence and dating violence.

Family violence occurs when an individual acts in a manner intended to result in bodily injury, physical harm, assault, or sexual assault, or the threat of such acts when committed against the defendant’s family or household members.

Family and household members include:

• A current or ex-spouse
• Parent of a child of the accused
• Children
• Siblings
• Parents
• Foster parents or children

Dating violence involves an act of violence committed by the accused against a current or former boyfriend or girlfriend with whom they are or have been involved in a dating relationship.

What Actions Constitute Domestic Violence?

Some actions that constitute domestic violence include:

• Slapping
• Hitting
• Choking
• Harassment
• Threat or use of a deadly weapon

These actions, among others, are recognized as domestic violence because they involve exerting control, power, or harm over another individual, which can have severe physical and psychological effects on the victim.

How Does Texas Law Define a “Dating Relationship” in Domestic Violence Cases?

In Texas, a “dating relationship” is defined as a relationship between individuals who have or have had a continuing romantic or intimate relationship. The presence of this kind of relationship is assessed by considering how long it has lasted, the characteristics of the bond, and how often and in what manner the people interact with each other. This definition is crucial in domestic violence cases, as it helps determine whether an alleged act of violence falls under the category of dating violence. Understanding this definition can be vital in building a defense strategy, as it may impact the charges and potential penalties you face.

What Are the Long-Term Consequences of a Felony Domestic Violence Conviction?

A felony domestic violence conviction can have severe and lasting consequences beyond immediate legal penalties. Your chances of securing a job might be affected, as numerous employers perform background checks and could be wary of hiring individuals with a felony on their record. Furthermore, having a conviction can influence your housing opportunities, since landlords might be hesitant to lease to those with a criminal past.

You may also face restrictions on your ability to own firearms and could experience challenges in child custody or visitation rights. Understanding these potential consequences underscores the importance of mounting a robust defense with the help of a qualified attorney.

What Criminal Charges Are Associated with Domestic Assault?

In Texas, domestic assault charges can stem from several types of violence. One of the most common, domestic assault, occurs when the alleged perpetrator is accused of knowingly, intentionally, or recklessly causing bodily injury to another.

Domestic Assault

Domestic assault may also include the threat of imminent bodily harm or initiating physical contact when the accused should have reasonably believed the contact would be considered offensive.

A first-time domestic assault against a family or household member or in a dating relationship is considered a Class A misdemeanor. However, if another offense related to family violence occurs, the alleged perpetrator will be charged with a third-degree felony.

In domestic assault cases that result in serious bodily injury or where a deadly weapon has been used, the charge is upgraded to aggravated assault and second-degree felony in Texas.

Some other criminal actions that fall under domestic assault include:

Terroristic Threats

Terroristic threats in the context of domestic assault means the alleged perpetrator made a threat to cause another person to fear imminent bodily injury and is a Class A misdemeanor. A Class A misdemeanor conviction can result in the offender spending up to one year in jail and a fine of up to $4,000.

Stalking

Stalking is any action the alleged perpetrator carries out that makes the accuser feel threatened. Often, stalking charges result after the accused has threatened the accuser’s life, safety, or property. Stalking is a third-degree felony in Texas. However, if there is a prior conviction, the charges are upgraded to a second-degree felony.

Although these are only some of the charges associated with domestic assault, it pays to have a knowledgeable defense lawyer on your side. Often, a spouse or partner will accuse the other of abuse even though they are innocent of the charges.

What Are Some Possible Defenses to Domestic Violence Charges?

Even though any domestic violence charge is considered a serious offense in Texas, there are several possible legal defense strategies that an experienced attorney may be able to use. These legal defense strategies include:

Lack of Evidence

In family abuse cases, the prosecution has the burden of proof to demonstrate that the accuser was truthful in their account to law enforcement. However, because of the close nature of family relationships, situations often become heated, but no actions occur that are consistent with a crime occurring.

In many cases, with the help of a highly trained attorney, the defendant can successfully dispute the accuser’s version of events, after which the charges may be dropped or dismissed.

False Allegations

Sadly, in many cases, the accuser will make false allegations to hurt or punish the defendant. In other instances, the alleged victim may try to gain leverage in a child custody dispute. For this reason, anyone who has been charged with domestic abuse must hire a well-qualified lawyer who will thoroughly review the law enforcement reports, witness statements, and any other pertinent information to discern any inconsistencies that may be present.

Furthermore, if the case makes it to trial, a defense lawyer can question the accuser under oath to determine whether or not they are being truthful.

Self Defense

Domestic abuse often involves both parties committing acts of violence against one another. As a result, it may be challenging for law enforcement to determine who was the aggressor and who acted in self-defense. Texas law stipulates that individuals have the right to defend themselves through reasonable use of force to prevent injuries or death.

However, anyone who wishes to use a self-defense strategy must demonstrate through clear and convincing evidence that they were in imminent danger and the use of force was necessary

Defense of Property

Texas law has several provisions that allow property owners to defend themselves and their property against threats or acts of aggression. A property owner can use a reasonable amount of force against another in defense of property they lawfully own.

Can a Person Accused of Domestic Violence Be Granted Probation in Houston?

Texas laws provide alternatives to jail or prison for first-time offenders charged with domestic violence. These legal alternatives include defendants being placed on probation or receiving deferred adjudication.

Probation

After a first-time offender has pleaded guilty to a domestic violence charge. The judge may elect to grant the defendant probation. However, depending on the circumstances, the court may also sentence the offender to some jail time. If the charge is a misdemeanor, the defendant may receive 30 days in jail or 180 days for a felony. After the defendant serves their time in jail, they may then be ordered to serve probation.

However, anyone placed on probation must remain compliant with the terms and conditions of the probation. If the offender is found to be non-compliant, the individual would be ordered to serve the remainder of their sentence in jail or prison.

Probation Conditions

Some of the conditions associated with probation include:

• Paying all probation and supervision costs
• Meeting regularly with the probation officer
• Complying with all curfew rules
• Complying with a protective order
• Refraining from using illegal drugs
• Refraining from using alcohol if ordered by the court
• Taking and passing all mandatory drug tests
• Not participating in criminal activities and avoiding arrest
• Undergoing court-ordered counseling
• Maintaining gainful employment

Deferred Adjudication

Deferred adjudication is also sometimes referred to as delayed entry of judgment (DEJ) and is another legal alternative that helps first-time domestic violence offenders avoid jail or prison time.

If the judge orders deferred adjudication, the offender must successfully complete all court-ordered requirements. If, for some reason, the offender fails to complete all of the requirements, they will be sentenced according to Texas state legal statutes, which typically require time in jail or prison.

Deferred Adjudication Requirements

Some of the most commonly ordered deferred adjudication requirements include:

• Undergoing court-ordered counseling or treatment
• Performing community service
• Avoiding arrests
• Paying the victim(s) restitution for medical costs, counseling, and property damage

If you are unsure whether your criminal case qualifies for probation or deferred adjudication, you must speak with a skilled Houston domestic violence lawyer who can answer your legal questions. 

What Should You Do If You Are Falsely Accused of Domestic Violence?

Being accused of domestic violence without cause can be distressing and damaging to a person’s good name. It is important to stay composed and promptly take legal measures to safeguard oneself. Avoid any contact with the accuser and gather any evidence that supports your innocence, such as text messages, emails, or witness statements. Contact a defense attorney as soon as possible to discuss your case and develop a strategy to challenge the false allegations. Your lawyer can guide you through the legal proceedings, making sure your perspective is presented and striving to exonerate you.

What Steps Can You Take to Protect Yourself from a Protective Order?

When dealing with a protective order in a domestic violence situation, it’s crucial to grasp the limitations it sets and ensure you adhere to its conditions. Breaching a protective order may lead to further criminal charges and consequences. To protect yourself, avoid any contact with the protected individual, including indirect communication through third parties. Document any interactions or incidents that may be relevant to your case and keep a record of your whereabouts to demonstrate compliance. Consult with your attorney to understand the specific terms of the protective order and develop a plan to address any legal challenges it presents.

How Can You Rebuild Your Life After a Domestic Violence Charge?

Rebuilding your life after facing a domestic violence charge can be challenging, but it is possible with the right support and resources. Focus on addressing any underlying issues that may have contributed to the situation, such as by seeking counseling or therapy. Engage in community service or volunteer work to demonstrate your commitment to positive change. Reestablish relationships with family and friends who can provide support and encouragement. Additionally, work with your attorney to explore options for expunging or sealing your criminal record, which can help mitigate the long-term impact of the charges on your life. 

How Can a Houston Felony Domestic Violence Defense Attorney Help You?

Navigating felony domestic violence charges requires a skilled defense attorney who can thoroughly analyze your case, strategize effectively, and advocate fiercely on your behalf. An experienced lawyer will conduct an exhaustive review of the evidence, identify weaknesses in the prosecution’s arguments, and challenge inaccuracies that could impact your case. They are also adept at negotiating with prosecutors to potentially reduce your charges or secure a more favorable plea deal, mitigating the possible penalties you face. In the courtroom, your attorney will defend your rights diligently, ensuring you receive a vigorous and strategic defense throughout the legal proceedings.

What Are the Benefits of Hiring a Domestic Violence Lawyer from the Cory Roth Law Office?

Choosing a domestic violence lawyer from the Cory Roth Law Office provides you with strategic advantages from the moment you face charges. Our proactive approach involves immediate, comprehensive case evaluations—analyzing evidence, scrutinizing police reports, and interviewing witnesses early on. This early involvement is crucial; it prevents your legal team from playing catch-up and allows us to formulate a stronger, more effective defense strategy from the start. Our commitment ensures meticulous attention to every detail of your case, safeguarding your rights, and enhancing your ability to face each stage of the judicial process with informed confidence. At Cory Roth Law Office, we are dedicated to tailoring our defense strategies to meet the unique needs of your situation, helping to protect your reputation and secure your future. Call us at 832-400-4133 to set up a consultation and take the first step towards your defense.