What Are You Accused of If Charged with Domestic Violence?

Domestic violence charges, also known as family violence charges, encompass a range of abusive behaviors that occur within intimate relationships or households. These charges can arise from various forms of misconduct, including physical harm, bodily injury, threats, and sexual coercion. Understanding the specific allegations against you is paramount when facing such charges. It not only helps in building a robust defense but also in gathering or preserving evidence to support your side of the story.

Depending on the circumstances, individuals accused of domestic violence may face significant legal consequences, including fines, probation, and even jail time. Moreover, these charges can have far-reaching effects on various aspects of your life, such as child custody arrangements, employment opportunities, and the right to possess firearms.

Given the potential ramifications, having a knowledgeable and experienced defense lawyer by your side is crucial for fighting charges. An attorney can review the allegations against you, analyze the evidence, and determine a practical course of action tailored to your circumstances. They can also safeguard your rights throughout the legal process and advocate vigorously in court.

If you’re facing charges in San Antonio, contact the Law Office of Guillermo Lara Jr. at (210) 787-2842.

Who the Domestic Violence Accusations Entail

Texas Family Code § 71.004 defines domestic violence as an act committed by a person against their family or household member. The actor intended to cause physical harm, bodily injury, assault, or sexual assault. 

Moreover, the law extends the scope of domestic violence to include dating violence, as defined under Texas Family Code § 71.0021. Dating violence refers to acts of harm committed against someone the actor is currently or was formerly dating.

Thus, if a domestic violence allegation is made against you, that means you are accused of committing an act against any of the following:

  • Your relative by blood or marriage
  • Your current or former spouse
  • Your child’s other parent
  • Your foster child or foster parent
  • Your current or former roommate
  • Your current or former partner in a continuing romantic or intimate relationship

Accusations of domestic violence can arise within various familial and interpersonal contexts, highlighting the need for a nuanced understanding of the legal framework surrounding these offenses.

Understanding the Scope of the Allegations

Domestic violence allegations can encompass a wide range of behaviors.

If you have been accused of family violence, the other person or someone else reported to law enforcement that you engaged in any of the following against a family or household member:

  • Physical harm: This includes severe actions such as robbery, kidnapping, or homicide, which constitute grave violations of the law and pose immediate threats to the safety and well-being of the victim.
  • Bodily injury: This might mean bodily harm, ranging from lacerations and broken bones to unconsciousness and internal injuries.
  • Assault: This involves causing harm, threatening harm, or making provocative or offensive contact with the intent to intimidate or harm the victim. Even the mere threat of violence can instill fear and anxiety in the victim.
  • Sexual assault: This is one of the most egregious forms of domestic violence. Sexual assault involves non-consensual penetration of a person's anus, sexual organs, or mouth.
  • Threat: This includes words or actions that place a person in fear of imminent harm. These threats can be explicit or implied and are often used to exert control and manipulation over the victim.

Precursors That Could Trigger Accusations

Domestic violence charges can arise from various situations and dynamics within relationships, reflecting a complex interplay of emotions, conflicts, and behaviors.

Below, we delve into scenarios that may lead to domestic violence allegations:

  • Arguments and conflicts escalate into physical altercations
  • Misinterpretation of actions or words
  • Retaliation or false accusations in a contentious relationship

Retaining Legal Guidance

Domestic violence allegations can stem from a variety of sources, ranging from misunderstandings and escalated arguments to genuine instances of abuse. In some cases, charges may arise from misinterpretations or miscommunications, where actions are taken out of context or exaggerated in the heat of the moment. Conversely, valid instances of abuse may be obscured by the complexities of familial relationships, making it challenging to discern the truth amidst conflicting narratives.

Regardless of the circumstances surrounding domestic violence allegations, seeking professional legal assistance is paramount. A skilled attorney can provide invaluable guidance and representation throughout the legal process, protecting your rights and voicing your side of the story.

To schedule a consultation and take the first step toward resolving your legal concerns in San Antonio, please contact the Law Office of Guillermo Lara Jr. at (210) 787-2842.