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Helotes Family Violence Lawyer

Family Violence

If you are charged with a crime that has the words ‘family violence’ in the title, you need to be very careful how that case is disposed of. Every crime with that in the title has the possibility of the Court giving you a ‘finding of family violence.’ If you were to get such a finding there are severe repercussions. First, it will prohibit you from owning a firearm the rest of your life. Second, it creates significant hurdles if you are ever in a custody proceeding in a family court. Finally, it can be used as an enhancement if you were ever charged with family violence again. Many plea bargains include ‘findings of family violence’ and these implications and/or consequences are never explained to the defendant/client.

“I neede a lawyer who cared about every detail and that is what I got. She accused me of family violence but it was made up. Beau made sure I didn’t get scared and settle and stood by the truth. I get to keep seeing my son as I should.”

- Brian C.

Family Violence Frequently Asked Questions

What is the difference between a family violence case and other crimes?
Crimes that allege ‘family violence’ carry significant implications for other areas of your life. Whether a class C ‘simple assault’ or a felonious choking assault, if it alleges family violence the alleged crime carries more consequences than if that designation was not there. If you’re found to have committed ‘family violence’ you can no longer possess a firearm the rest of your life due to federal law. There will be a presumption against you having ‘managing conservatorship’ of your children. You will also be subject to enhancements if you’re ever accused of family violence again.
I was served with a protective order for civil court but it’s the District Attorney who’s prosecuting it. What is this?
The DA’s office offers a service to individuals who allege they are victims of domestic violence. On their behalf, the DA can file for a civil protective order under Title 4 of the Texas Family Code. This isn’t a criminal case. However, the court can make the same ‘finding of family violence’ which carries the same consequences as if it was found in a criminal court. Additionally, if you have an active protective order, it becomes a crime to violate it and you can be arrested.
What role does ‘family violence’ play in custody cases?
A significant one. Courts take the allegations of domestic violence very seriously. If you’re accused of acts of family violence then time with your kids is definitely on the line. First, if the court finds family violence then you may not be appointed a managing conservator. Additionally, the court can supervise your time with your children.
How do I combat false claims of abuse and family violence?
It’s tough but absolutely doable. Be honest with your lawyer about what actually transpired. Keep all your texts, emails, chats etc with the other party. Keep a log/time line of your time with the children, especially after the alleged abuse. If the other party is claiming you hurt them 4 months ago but still left you alone with the children since then, it makes it hard for them to supervise you.

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