In Texas, lawmakers, prosecutors, and law enforcement take domestic violence very seriously. Many law enforcement agencies have divisions that handle only family assault. The Harris County District Attorney’s Office has a special Family Criminal Law Division with teams of prosecutors and case workers dedicated to cases of family and dating violence. In short, if you are charged with domestic violence, you have a serious fight on your hands.
If you are convicted on a domestic violence charge—even with a probated or deferred sentence, deferred adjudication, plea bargain, or no contest plea—this will result in a permanent criminal record. Under Texas law, there is no way for domestic violence convictions to be expunged later. The only ways a domestic violence arrest can be removed from your record are if:
- The State decides not to file the case
- The State dismisses the case and then the statutory waiting period expires
- The case is a felony and the grand jury declines to indict (called a “No Bill”)
- You are found not guilty at trial
You need an experienced criminal defense attorney as soon as possible. Brian Roberts has handled numerous domestic violence cases, as both a prosecutor and a criminal defense lawyer. He is here to help.
Domestic Violence in Texas Law
Domestic violence usually involves assault or aggravated assault by a family member. Other charges can include sexual assault, making terroristic threats, continuous violence, harassment, stalking, and violating a protective order. Texas also recognizes “Dating Violence,” which includes people who are in dating relationships and violence because people are dating.
Texas law authorizes police to make a family violence arrest without a warrant. This means that if police go out on a domestic violence call, somebody is usually going to jail. No officer wants to risk someone ending up in the hospital (or worse). An accusation is enough for an arrest, and officers can “let the courts work it out.”
Many domestic violence cases are not investigated well. Officers might not question how the violence started. They might not photograph the scene, the alleged victim, and the person accused. This can lead to mistakes in drafting charges or even leave room for false accusations.
Sadly, there are more false accusations in family violence cases than in others. A spouse or domestic partner might make an accusation of family violence to gain an advantage in a divorce or child custody fight. It’s also common for someone on parole or probation to be falsely accused by a spouse or domestic partner, knowing they will most likely be arrested.
If You Have Been Charged With Domestic Violence
If you are arrested for domestic violence in Harris County, you can expect the judge to bar you from living in your home and having any contact with your family for two to three months minimum. You could also be barred from any contact with your family for the duration of the case, which could be months. Violating these orders can lead to a separate charge of violating a protective order.
A domestic violence arrest can have long-term negative effects on child custody, employment, and living situations. Conviction can lead to the loss of the right to possess a firearm, loss of security clearance, and loss of professional licenses. It can even affect your ability to rent a place to live. If you are not a US citizen, a domestic violence conviction—even a guilty plea with deferred adjudication—can have serious immigration consequences, including deportation, denial of reentry, and denial of naturalization.
A domestic violence charge doesn’t have to be a no-win situation. But you do need the right lawyer to shepherd you through this difficult and complicated process and push back hard against the charges. Contact the Roberts Law Firm at (713) 237-8888 right away to have Brian Roberts represent you.