Introduction
A conviction for Family Violence in Texas can have far-reaching effects beyond the courtroom, leaving a lasting imprint on your life. Whether it’s a misdemeanor or a felony, such a conviction can lead to serious collateral consequences that affect your personal, professional, and even financial future. Understanding these effects is crucial in recognizing the stakes involved if you are facing charges for Family Violence.
1. A Permanent Criminal Record
One of the most significant effects of a Family Violence conviction is that it becomes part of your permanent criminal record. This record is accessible to law enforcement, employers, landlords, and other entities that conduct background checks. In Texas, a Family Violence conviction generally cannot be expunged or sealed, meaning it remains visible for life. This can make it difficult to secure employment, find housing, and maintain certain professional licenses.
2. Loss of Firearm Rights
In Texas, a conviction for Family Violence—whether classified as a misdemeanor or felony—can result in the loss of your right to own or possess firearms. Under federal law (18 U.S.C. § 922(g)), individuals convicted of a domestic violence offense cannot legally purchase or possess a firearm. This restriction can be permanent and is particularly problematic for those who rely on firearms for personal protection, hunting, or their profession (such as law enforcement or military service members).
3. Impact on Child Custody and Visitation
A Family Violence conviction can significantly affect child custody and visitation rights. Texas courts take domestic violence allegations very seriously when determining the best interests of a child. A conviction may lead to supervised visitation, limited contact, or even a loss of custody rights altogether. In some cases, courts may issue protective orders that prevent the convicted individual from having any contact with their spouse or children.
4. Employment and Professional Licensing Issues
Having a Family Violence conviction on your record can limit your job prospects. Many employers conduct background checks, and a violent crime conviction can be a red flag. Certain professions, such as teaching, healthcare, or law enforcement, may deny or revoke professional licenses if you are convicted of a domestic violence offense. Even if you are currently employed, your conviction may be grounds for termination, depending on your employer’s policies.
5. Immigration Consequences
For non-citizens, a Family Violence conviction can lead to severe immigration consequences. Domestic violence is considered a “crime of moral turpitude” under immigration law, which may result in deportation, inadmissibility for re-entry, or denial of naturalization. Even legal permanent residents (green card holders) may face the risk of removal from the United States.
6. Protective Orders and No-Contact Orders
In many cases, a conviction for Family Violence will lead to the issuance of a protective order. This can restrict your ability to communicate or be in proximity to the victim, including family members and children. Violating a protective order can lead to additional criminal charges, fines, and jail time.
7. Social Stigma and Personal Consequences
Beyond the legal ramifications, a Family Violence conviction can carry significant social stigma. Friends, family, and community members may view you differently, and relationships may become strained. The emotional and psychological toll of such a conviction can be profound, affecting your personal life and mental well-being.
The Importance of Legal Representation
Given the potentially life-altering consequences of a Family Violence conviction, it is essential to have skilled legal representation. A knowledgeable criminal defense attorney can help you understand your rights, challenge the charges, and work towards the best possible outcome for your case. In some instances, charges can be reduced, dismissed, or alternative sentencing options such as counseling or rehabilitation may be pursued.
Conclusion
A Family Violence conviction can have long-lasting and severe consequences, from losing your rights to affecting your relationships and livelihood. If you are facing such charges, it is critical to seek legal counsel immediately. The decisions made during your case can impact the rest of your life, and understanding these consequences is the first step in protecting your future.
If you or someone you know is facing Family Violence charges, contact us today for a consultation. We are here to help navigate the legal system and fight for your rights.