Texas Two-Step Domestic Violence Defenses

The evidence against a defendant is often weak in domestic assault cases.

We remember things selectively. Our eyes are not video cameras. That is especially true in traumatic situations. Largely for this reason, about a third of domestic violence allegations are exaggerated or outright fabricated. Nevertheless, many judges and jurors accept the alleged victim’s version of events at face value and harshly punish the defendants in these cases.

As outlined below, a number of defenses and positive resolutions are available in both criminal and civil domestic violence proceedings. Largely for this reason, a Fort Worth criminal law attorney can usually successfully resolve domestic abuse charges and limit the effect that these matters have on your permanent criminal and civil records.

Criminal Assault

Most Tarrant County law enforcement agencies have mandatory domestic violence arrest policies. When officers respond to domestic disturbance calls, they must investigate the matter, determine “who started it,” take that person to jail, and hold that person in jail for at least 24 hours.

In Texas, domestic assault is basically common-law battery, which is a harmful or offensive touch. The state must prove, beyond any reasonable doubt, that the defendant intentionally injured the alleged victim.

These cases usually have proof problems, mostly due to the alleged victim’s lack of credibility. Frequently, both parties to the assault were drinking or otherwise impaired. Alcohol adversely affects memory and perception. Additionally, many alleged victims have mixed motives. They often summon police not to protect themselves but to get the defendant in trouble. That is especially true if the parties are involved in a family law or other civil dispute.

Serious injury is not an element of domestic violence, but without a serious injury, the intent is difficult to prove. Sometimes, people accidentally fall, especially if they have been drinking.

Incidentally, the alleged victim cannot “drop” criminal charges. The alleged victim is only a witness to the crime, and the state can subpoena victims and force them to testify against their will. However, they only do so in extreme cases.

If the evidence is weak, a Fort Worth criminal defense lawyer can usually reduce Class A domestic assault charges to Class C ABC (assault by contact) charges. Class C misdemeanors, which are punishable by a fine only, do not have nearly the same collateral consequences as Class A assault.

Civil Protective Orders

The mandatory arrest policies usually include mandatory protective order information policies. Officers must inform alleged victims of their right to obtain civil protective orders. In some cases, peace officers can file emergency protective orders on behalf of alleged victims.

These matters are more difficult to defend, mostly because the burden of proof in civil court (a preponderance of the evidence, or more likely than not) is much lower than the burden of proof in criminal court (beyond any reasonable doubt).

Civil protective orders often include provisions like kick-out orders that exclude alleged abusers from shared residences, child support payment requirements, and keep-away orders that prohibit contact.

Incidentally, a protective order is more than a piece of paper. Peace officers aggressively enforce protective orders, mostly because a violation of a protective order is a violation of a court order.

Protective order resolutions generally include a consent decree. A consent decree has the same provisions as a protective order, but it does not have the same adverse consequences for defendants.

Count on a Diligent Tarrant County Attorney

Domestic violence has civil and criminal consequences. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. The sooner you reach out to us, the sooner we start working for you.