Plano Criminal Defense for Family Violence | The Fox Firm

Plano Domestic Violence Lawyer

Domestic Violence Attorney in Plano 

Personal relationships between two people can be complicated. This compounding complication over years of time can lead to serious conflicts. When the police department becomes involved, it can be a very serious matter. Last year, in Dallas County alone, there were over 42,000 calls to law enforcement reporting family violence. This issue affects a great number of families in our area. If you are involved with a domestic violence charge, it’s important to contact a criminal defense domestic violence lawyer that can make sure your rights are protected from a domestic violence conviction.

Family Violence

Family violence is an affirmative finding used by law enforcement to enhance the consequences of certain crimes when those crimes involve members of the same household. Examples of crimes that can invoke a family violence charge enhancement include:

  • Offensive contact

  • Domestic Assault

  • Continuous assault

  • Impeding breath

  • Aggravated assault

Household members mean people who are dating or have previously had a dating relationship, people who live or have previously lived together, people related by blood and children and parents as defined by chapter 71 of the Texas penal code.

Domestic Violence

In Texas, the terms “domestic violence” and “family violence” are interchangeable, but regardless of the term, the charge is one that is easy to falsify and the consequences are life-impacting.. If someone alleges domestic violence occurred, and the police arrive, they may arrest someone without a warrant as long as they can establish probable cause that someone committed a crime.

In a domestic violence assault, probable cause can be as serious as observing visible injury to the alleged victim but can also be as simple as that person merely making a verbal accusation. It only takes one person’s word to take an argument between a couple and turn it into a criminal arrest.

If charged with a crime related to domestic violence, you can face penalties ranging from:

  • Class C misdemeanor: This is charged when the offense involves provocative or offensive physical contact. The punishments include a fine of up to $500.

  • Class A misdemeanor: A person faces this level of charge when they cause bodily injury through physical violence to a family member or household member. Bodily injury means any conduct that causes the person to hurt and can include anything from a hair pull to broken bones. A conviction can result in as much as 1 year in jail and/or a fine of up to $4,000.

  • Third-degree felony: An assault family violence becomes a third-degree felony when the accused has a previous conviction for this offense, or is alleged to have committed a family violence assault twice within 12 months. A family violence assault is also charged as a third degree felony when the person is accused of impeding another’s airway, or strangling them. The conviction penalties for a third degree domestic violence offense include between 2 to 10 years in prison and/or a fine of up to $10,000.

Protective Order

In certain circumstances, a court may have issued a protective order, sometimes referred to as a restraining order, against an alleged abuser. A protective order may be issued after a hearing in a district court, or even issued without a hearing following an arrest for sexual assault or domestic violence charges. Violating a protective order constitutes a separate crime which carries its own severe penalties. Many people do not know that they can be convicted for violating a protective order even if the alleged abuse the protective order stemmed from is later determined to be fabricated, therefore, it is essential for defendants to seek the services of an experienced Plano domestic violence attorney.

Domestic Violence Defense Attorney in Plano

Sarah Fox is a former felony prosecutor that has handled domestic violence cases from the point of view of the District Attorney’s Office. She now uses all of that experience and inside knowledge of domestic violence law to help her clients with their criminal case. Let her help you with a consultation to discuss your situation and help provide legal advice for your criminal charge.