Assault and Family Violence: Navigating the Legal and Personal Fallout in Texas
Family should be a place of comfort and safety. Unfortunately, when emotions run high, situations can escalate, leading to accusations of assault and family violence. In Texas, family violence charges carry serious legal consequences and can deeply impact personal relationships, custody rights, and your future. If you are facing family violence charges in McKinney, Plano, or surrounding areas, understanding what’s at stake and how to defend yourself is crucial.
What is Family Violence in Texas?
Under Texas Penal Code § 71.004, family violence is defined as:
- Physical harm, bodily injury, assault, or a threat that reasonably places a family or household member in fear of imminent harm.
- Dating violence, where harm or threats occur between individuals in a romantic or intimate relationship.
Family violence charges can arise from disputes involving:
- Spouses or ex-spouses
- Dating or romantic partners
- Parents and children
- Roommates or household members
A heated argument that turns physical or even a false accusation can lead to a serious criminal charge.
Consequences of Family Violence Charges in Texas
Being charged with family violence in Texas comes with severe consequences, including:
- Protective Orders: The court can issue a restraining order, barring you from contacting the alleged victim, entering your home, or seeing your children.
- Loss of Firearm Rights: A conviction may permanently strip you of the right to own or possess firearms.
- Jail or Prison Time: Depending on the severity, penalties can range from a Class A misdemeanor (up to 1 year in jail and a $4,000 fine) to a first-degree felony (5-99 years in prison).
- Permanent Criminal Record: A family violence conviction cannot be sealed or expunged in Texas. It will follow you for life.
- Custody and Divorce Impact: Family violence allegations can heavily influence child custody decisions and divorce outcomes.
In cities like McKinney and Plano, local prosecutors aggressively pursue family violence cases, making it essential to have strong legal representation.
Common Defenses Against Family Violence Charges
A charge is not a conviction. There are several effective defenses a skilled attorney can use:
- False Allegations: Personal conflicts, child custody battles, or revenge can sometimes lead to false accusations.
- Self-Defense: Texas law allows the use of reasonable force to defend yourself or others from harm.
- Lack of Evidence: Prosecutors must prove the case beyond a reasonable doubt. Weak or inconsistent evidence can be challenged.
- Mutual Combat: In some cases, both parties contributed to the altercation.
- Accidental Injury: Accidents can be misinterpreted as intentional harm, leading to wrongful charges.
The Personal Fallout of Family Violence Charges
Beyond legal penalties, family violence charges can devastate your personal life. You may face:
- Strained family relationships
- Loss of child custody or visitation rights
- Social stigma and damaged reputation
- Employment challenges due to a criminal record
These consequences can disrupt your life long after the case ends. That’s why it’s vital to fight these charges aggressively.
Why You Need a McKinney Family Violence Attorney
Family violence cases are complex and emotionally charged. Prosecutors pursue these cases aggressively, and courts may issue protective orders even before your case is resolved. You need a defense attorney who understands Texas family violence laws and how to protect your rights.
At The Fox Firm, we:
- Investigate the facts of your case thoroughly
- Challenge false or exaggerated claims
- Work to have charges reduced or dismissed
- Protect your parental rights and family relationships
We know how much is at stake, and we’re ready to stand by your side.
Take Action Now—Contact The Fox Firm
If you are facing assault or family violence charges in McKinney, Plano, or the surrounding areas, you can’t afford to wait. Contact The Fox Firm today for a confidential consultation. Let us help you protect your freedom, your family, and your future.