Facing false accusations of family violence can be overwhelming and life-altering. Understanding your rights and the legal process is essential to protecting yourself. In this blog, we will explore the definition of family violence in Texas, the potential charges and punishments, and the critical steps to take if you are accused.

Definition of Family Violence in Texas

Under Texas law, family violence refers to acts intended to result in physical harm, bodily injury, assault, or a threat that reasonably places a family or household member in fear of imminent harm. Family violence includes violence between:

  • Spouses or former spouses
  • Individuals who share a child
  • Individuals in a dating relationship
  • Family members by blood or marriage
  • Household members, including roommates

Texas Penal Code defines family violence broadly to cover physical violence, threats, and emotional abuse. Even minor disputes can lead to allegations if the accuser claims they felt threatened or harmed.

Possible Misdemeanor and Felony Charges

Family violence charges in Texas can range from misdemeanors to felonies, depending on the severity of the alleged offense and prior history.

Misdemeanor Charges

  • Class A Misdemeanor: The most common charge for family violence involves causing bodily injury to a family or household member. This charge carries up to one year in jail and a fine of up to $4,000.
  • Class C Misdemeanor: This other charge applies when the accused does not cause bodily injury to a family member. This charge only applies when there is alleged “offensive” touching or a threat of violence. This charge carries a maximum fine of $500 (plus court costs) and no jail time.

Felony Charges

  • Third-Degree Felony: Assault involving strangulation or suffocation or if the accused has prior family violence convictions. Punishment includes 2 to 10 years in prison and up to a $10,000 fine.
  • Second-Degree Felony: Aggravated assault involving serious bodily injury or the use of a deadly weapon. Conviction can result in 2 to 20 years in prison and a $10,000 fine.
  • First-Degree Felony: Severe cases, such as aggravated assault against a child, carry 5 to 99 years in prison and a $10,000 fine.

Mandatory Temporary Protective Order After Arrest

In Texas, an arrest for family violence triggers a mandatory temporary protective order. This order prohibits the accused from contacting the alleged victim or returning to the shared residence. A judge cannot waive or remove these mandatory protective orders. The court can bar the accused from returning to his own home. Judges often issue these protective order to last either 30, 60 , or 90 days. Violating this order can lead to additional charges and penalties.

Common Conditions of Bond

After a family violence arrest, courts often impose strict bond conditions. These may include:

  • Stay-Away and No-Contact Orders: Prohibiting contact with the alleged victim and their residence or workplace.
  • GPS Monitoring: Requiring the accused to wear a tracking device.
  • Counseling or Anger Management Programs: Mandating participation in classes as a condition of release.
  • Firearm Restrictions: Prohibiting possession of firearms while out on bond.

Violating bond conditions can result in bond revocation, re-arrest, and additional charges.

Right to Face Your Accuser

The Sixth Amendment guarantees the right to confront your accuser in court. However, this does not mean that the case will be dismissed if the accuser refuses to testify. Prosecutors can proceed using other evidence, including:

  • 911 Calls: Recorded calls where the alleged victim describes the incident.
  • Medical Records: Documentation of injuries consistent with alleged abuse.
  • Witness Testimony: Observations from neighbors, friends, or family.
  • Photos or Videos: Images of injuries or damage to property.

Evidence Admissible Without Victim Testimony

Texas allows certain statements made by the victim to be admitted even if the accuser does not testify. The doctrine of “excited utterances” permits statements made during or immediately after a traumatic event to be used as evidence. Additionally, prosecutors may introduce prior recorded statements, such as 911 calls, if deemed reliable and relevant.

Steps to Take if Falsely Accused

If you are falsely accused of family violence, take the following steps to protect yourself:

  1. Remain Calm: Avoid any confrontation with the accuser and refrain from discussing the case with anyone except your attorney.
  2. Hire an Experienced Criminal Defense Attorney: A skilled attorney can challenge the allegations, protect your rights, and build a strong defense.
  3. Gather Evidence: Collect text messages, emails, social media posts, and any other evidence that supports your innocence.
  4. Identify Witnesses: Compile a list of individuals who can testify on your behalf or provide context to the situation.
  5. Comply with Bond Conditions: Follow all court-ordered restrictions to avoid further complications.
  6. Document Your Interactions: Keep detailed records of any interactions with the accuser or witnesses.

Defenses Against False Accusations

Several defenses can be used to fight false family violence allegations:

  • Lack of Evidence: The prosecution must prove the charges beyond a reasonable doubt.
  • Self-Defense: Demonstrating that any actions were necessary to protect yourself from harm.
  • Motive to Fabricate: Highlighting any ulterior motives the accuser may have, such as custody disputes or revenge.
  • Inconsistent Statements: Exposing discrepancies in the accuser’s version of events.

Conclusion

False accusations of family violence can have devastating consequences. Understanding the charges, punishments, and your rights is crucial to navigating the legal process. By working with an experienced attorney and taking proactive steps, you can protect your future and reputation. If you are facing false allegations, contact our office immediately for a consultation. Together, we can build a strong defense and seek justice on your behalf.