Domestic violence is a serious offense that comes with equally serious consequences - and, there are several offenders in the state of Texas who deserve them.
However, these charges are also used as a weapon in hostile divorces or other volatile family situations.
Additionally, a charge of domestic violence can occur if the police are called to the scene and suspect bodily harm.
In all of these circumstances, the charges can and will often move forward with or without the victim's agreement.
Texas Health and Safety Code Chapter 71 defines domestic violence as any act intended to cause physical harm or bodily injury caused by a family member.
Family members include: • Blood relatives • Marital relatives • Foster parents • Stepparents • Stepchildren and stepsiblings • Biological or legal parents of the same child • Ex-wives and ex-husbands • Current or previous concurrent residents of the same home Because members of the legal definition of a family don't always get along, it is important to determine the difference between natural conflict and domestic assault.
Natural conflict can involve yelling, obscenities, light physical contact such as minor pushing and shoving, and throwing things mid-argument.
Domestic assault is intended to target serious abuse that results in severe injuries like contusions, sprains, strains, and broken bones.
Taking a violence charge lightly and accusing a family member without actual grounds could result in a perjury charge for the accuser.
A domestic violence charge doesn't have to be a result of an accusation from the victim or family member.
Texas has a Zero Tolerance policy when it comes to domestic assault.
This means that if police are called to an alleged domestic violence scene and have probable cause to believe injury occurred, they can make an arrest with or without the victim's request or permission.
In addition to the Zero Tolerance policy, Texas also has a No Drop policy - meaning the prosecutors for the state get to decide if and when a criminal case will be pursued against the defendant in a domestic violence case, even if it's against the alleged victim's wishes.
For instance, if an argument between a married couple got out of hand, the police were called by another party, and the police subsequently suspected probably cause of violence against the wife by the husband, the husband could still go to court and be convicted despite the fact that his wife has no desire to press charges.
The only legal move an alleged victim of domestic violence can make is to file an affidavit of non-prosecution.
This officially documents the alleged victim's wishes of not pursuing charges against the defendant.
However, in the state of Texas the victim doesn't get to choose - though the affidavit may be a persuasive factor in the prosecution's decision to drop or pursue.
This lack of victim choice in these cases can cause stress on an already volatile situation.
An experienced Texas domestic violence attorney can work to fight against allegations on behalf of the defendant, or assist an alleged victim who does not want to press charges with the affidavit of non-prosecution and other measures of prosecution persuasion.