In Texas, crimes involving family violence often carry harsher punishments than identical acts of violence committed against a non-family member. This is one reason finding an experienced defense lawyer is crucial for anyone accused of domestic violence (also called DV or “assault family violence” in Texas).
You can be charged with a domestic violence or family violence crime if you allegedly threatened to harm or did physically harm to:
- Your current or former spouse
- The parent of your child
- Your foster child
- A relative by blood, marriage or adoption
- Any current or former co-residents (such as a roommate, even if the roommate is not related to you)
- Your current or former dating or romantic partner
Examining Some Possible Defenses to Texas DV Charges
Texas recognizes several different crimes of domestic violence, including domestic assault, aggravated domestic assault, domestic assault impeding breath, and continuous violence against the family.
No matter what exact charge you face, it’s important to explain all the facts to your lawyer so they can develop the strongest possible defense strategy for you. Depending on the facts, your attorney may decide to pursue any of several defenses:
- No bodily injury: Does the prosecutor have evidence to prove that the alleged victim suffered an injury? Prosecutors are not required to provide photos or medical records, but it’s hard to prove DV cases without them. Without such objective evidence of bodily injury, the prosecutor’s case mostly relies on the alleged victim’s word.
- No criminal intent: Prosecutors must prove you acted intentionally. Often, alleged victims initially claim they were abused or assaulted, but later, when things calm down, they make clear it was not intentional. If intent can’t be proven, your case could be dismissed.
- Affidavit of non-prosecution (ANP): This is a victim’s written statement that they don’t want the case to go forward. While ANPs are viewed skeptically and prosecutors can move forward despite an ANP, they can still be useful if the victim includes evidence that no crime occurred. An ANP may be used to establish reasonable doubt, putting you in a better position to get a favorable outcome.
- Witness credibility: Does the alleged victim’s statement make sense, or are there inconsistencies in it? Perhaps it contradicts other evidence from videos, photos or testimony of other witnesses. Perhaps the victim had a reason to lie or wanted to accuse you of DV out of hatred or spite.
These are just a few possible ways a qualified Dallas-Fort Worth DV defense lawyer might be able to defend you. Other tactics and strategies may be available, depending on the specifics of your situation.
Get a Free Consultation with a Fort Worth Domestic Violence Lawyer Today
If you’re accused of domestic violence or family violence, reach out to the defense attorneys at Lee & Wood, LP as soon as possible. Call 817-678-6771 or send us an email to schedule a free consultation. We handle cases in Tarrant County, Dallas County, Denton County and all surrounding areas.
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