Tag Archives: domestic violence

Possible Defenses in Domestic Violence Cases

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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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How Domestic Violence Affects Gun Ownership Rights in Texas

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Our law firm represents many hunters and other gun owners, and we know how important firearms ownership is to many Texans. We also defend clients accused of domestic violence, doing our best to help clients fight back against false accusations. 

These two areas of law—domestic violence and firearms rights—intersect. Specifically, certain state and federal laws can limit your ability to own or possess firearms if you are convicted of certain domestic violence charges.

The Basics of Domestic Violence and Gun Rights

The Second Amendment to the U.S. Constitution protects the right to keep and bear arms. However, like all rights, there are limits. The Supreme Court ruled long ago that the government can prohibit people who were convicted of domestic violence (DV) from possessing guns. 

Specifically, under the federal Gun Control Act of 1968, people who have been convicted of misdemeanor domestic violence in either state or federal court are usually prohibited from possessing firearms. Courts have upheld this restriction numerous times, finding that it is a reasonable interpretation of the Second Amendment.

The federal law restricting firearm ownership automatically applies to anyone convicted of domestic violence in state court and anyone who is subject to a DV-related protective order.

Firearms Restrictions While Subject to a DV Protective Order

If you have received notice of a DV protective order issued against you in Texas or another jurisdiction, you will be prohibited from possessing firearms. The prohibition lasts as long the order remains in effect, and the prohibition is effective for both final and temporary protective orders.

In addition to losing your right to possess a firearm, your concealed carry license can be suspended while you are the subject of a DV protective order.  

Defense Against DV Charges is Critical

To reduce the risk of losing your firearms rights when you are accused of domestic violence, you must quickly retain a defense team experienced in both Texas DV law and firearms law. Depending on the circumstances, the right attorney may be able to fight the DV charges and get you acquitted, thus preserving your freedom and your right to own a gun. 

Alternatively, it may be possible to negotiate a plea agreement that includes provisions allowing you to continue to own and use firearms. 

Contact Our Domestic Violence Defense Attorneys for a Free Consultation

Lee & Wood is a law firm dedicated to defending the freedom of Texans. We will do everything we can to keep you out of jail, have protective orders lifted, and preserve your constitutional right to bear arms. 

Find out how we may be able to help you by calling 817-678-6771, or you can contact us online and we’ll respond promptly. Your initial consultation is free. We serve clients in Fort Worth, Cleburne, Weatherford, and many other communities west of the DFW metroplex.

Tarrant County Domestic Violence Diversion Program

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Domestic violence calls to the SafeHaven hotline increased by 50% in Tarrant County during the COVID pandemic as people in stressed and stressful life circumstances became even more isolated. 

That call to a domestic violence hotline can get someone out of the house and into a living situation that they find safer. A call to the police will get someone out of the house and into the courtroom, charged with a domestic violence crime that could put them in jail. And that leads to a lifetime of negative consequences that seldom help the victim, the accused, ortheir family work through their problems. 

The truth is, many people in troubled relationships do love one another and would want to stay together if they could be sure that family violence would not be a part of their life in future. 

Thanks to a grant from the Criminal Justice Division of the Governor’s office, Tarrant County offers has a pre-trial Domestic Violence Diversion Program to help people accused of domestic assault to change their lives. 

Participants must undergo screening and assessment in order to be selected to participate in this rehabilitation program. In order to qualify you must admit to the fact that you committed the crime by entering a guilty plea to assault (family violence) before a judge. You must be willing to fully participate in the program and make life changes. And the victim must sign a consent form for you to participate. 

Other criteria include:

  • The offense you are charged with must be a misdemeanor partner-on-partner crime
  • You cannot have any current or prior violations of a protective order
  • You cannot be accused of stalking
  • You cannot have any active warrants out for your arrest or other pending criminal charges against you
  • You cannot have participated in a diversion program before

After you enter your guilty plea, the judge will recess your hearing for one year, during which time you will participate in an intensive court supervised program that includes:

  • Reporting in to a case manager
  • Completing all recommended treatment and counseling
  • Attending a progress review with the court
  • Paying a supervision fee ($60/month)

If you violate any of the conditions of the program, you are discharged and brought back in court for criminal sentencing. 

If you successfully complete the program, you will appear before the judge again and can withdraw your prior guilty plea. The judge will dismiss your case. 

A domestic violence arrest will still be on your criminal record, but it may be possible to have your record sealed or expunged. Talk with a Fort Worth family violence attorney at Lee and Wood, LP about whether you qualify for this pretrial diversion program or to have your criminal record sealed. Call 817-678-6771 or contact us online. 

Texas’ “Constitutional Carry” Law and Domestic Violence

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Texas gun laws recently became even more lenient, as Governor Greg Abbott signed the Constitutional Carry bill (HB 1927) into law. As of September 1, 2021, Texans aged 21 and over can legally carry a handgun without getting a state license – unless they can’t possess a firearm because they are disqualified by state or federal law. 

Why might you be disqualified? 

One reason why you might not be able to possess a gun is because you have previously been convicted of a domestic violence crime. And the new Constitutional Carry law increased criminal penalties for family violence crimes. 

  • A Class A misdemeanor for family violence was increased to a 3rddegree felony.
  • If a temporary emergency order, a final family violence protective order, or a marriage dissolution protective order has been issued against you, and you are in possession of a firearm, the penalty increases from a Class A misdemeanor to a 3rddegree felony.

(It’s not just family violence crimes that the new law effects. The bill also prohibits a person from permitless carry for five years if they were previously convicted of assault with bodily injury, deadly conduct, terroristic threats, or disorderly conduct with a firearm.)

Fighting Domestic Violence Charges

This change in Texas gun law makes it even more important to aggressively fight protective orders and family violence charges. 

Most people don’t know when a temporary emergency order is being heard against them in court. The “victim” and their lawyer are the only people to appear before the judge and only their side of the story is heard. 

Your right to possess a firearm is restricted when that initial temporary restraining order is granted. But you have a second chance to fight both the protective order and the firearm restrictions when a final protective order hearing takes place. 

One of the biggest challenges to defending a case of false domestic violence allegations is the “he said-she said” nature of the crime. Someone can make a charge of domestic violence based on a perceived threat or emotional abuse, without any physical attack having taken place. 

Putting together a strong defense can be like putting together the pieces of a puzzle – piece by piece a true picture begins to form. Character witnesses may be critical to proving what kind of person the “victim” is, and what kind of person the “perpetrator” is. A timeline of events may be needed to prove that some things didn’t happen when or as they were described. Medical records may be needed to prove that “injuries” were exaggerated. 

A lot is on the line when facing down a charge of domestic violence – including your right to carry a firearm. Talk with the Fort Worth criminal defense attorneys and Lee and Wood, LP about the steps you can take today to defend yourself in court. Call 817-678-6771 or contact us online.