Cedar Park Domestic Violence Attorneys 

Defending Against Family Violence Charges in Cedar Park, TX

Domestic violence charges are incredibly serious, and at Smith & Vinson Law Firm, we know that these cases are also usually not straightforward. An accusation can be made in the heat of an argument, but once the police are called, the state is very unlikely to decline to prosecute—even if the alleged victim changes their mind or recants their statement. These situations are often matters of “he-said, she-said,” but proving your side of the story requires a skilled defense and an in-depth understanding of the law. 

At Smith & Vinson Law Firm, we know how to defend you against domestic assault charges in Cedar Park, Texas. Our team includes former prosecutors who understand how these cases are charged and prosecuted. We are aware of the possible penalties you face; we know how serious your situation is, and we’re here to help you fight for your future. 

Contact our office now to speak to an experienced domestic violence attorney in Cedar Park at no cost to you. Call us 24/7 at (512) 359-3743. 

Domestic Violence Laws in Texas: Understanding Your Charges

Texas Penal Code, Title 5, Chapter 22, Section 22.01 defines “family violence” as committing the crime of assault against a family member, past or current dating partner, or member of a shared household. “Assault” is defined as “intentionally, knowingly, or recklessly” causing or threatening another person with bodily injury or “intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.” 

You can be charged with domestic violence in Texas if you are accused of committing assault against: 

• Your spouse or ex-spouse
• The other parent of your child/children
• Your current or ex-girlfriend or boyfriend 
• Someone with whom you have an intimate history
• Your parent or grandparent 
• Your minor or adult child 
• A roommate or someone else with whom you share a home
• Your sibling 
• An aunt or uncle, cousin, or any other family member

Essentially, if you are related to or live with the alleged victim, you could be looking at domestic violence charges. These charges are serious, carrying harsh penalties with a conviction, including possible imprisonment, thousands of dollars in fines, loss of child custody or visitation rights, loss of Second Amendment rights, and more.

How Is Domestic Violence Charged in Texas? 

The crime of family violence, or domestic violence, as it’s more commonly known, can be charged as a misdemeanor or felony, depending on the circumstances. 

Some of the factors that influence how you could be charged include: 

• Your relationship to the alleged victim
• Whether you’ve been charged with domestic violence before 
• The type and degree of assault allegedly involved 
• The alleged presence of any aggravating factors, such as the use of a weapon 

For example, if you have never been charged with domestic violence before, and there were no aggravating factors involved, you could be charged with a Class A misdemeanor. This would mean you could up to a year in jail and fines of up to $4,000. However, if you have been convicted of domestic violence in the past, or if the alleged assault involved strangulation or suffocation, you could be looking at felony charges, which carry much harsher penalties. The most severe domestic violence charges in Texas are first-degree felonies, which come with a minimum sentence of 5 years and the possibility of up to 99 years in prison, as well as up to $10,000 in fines. 

What Is “Continuous Violence Against the Family?”

The crime of “continuous violence against the family” is a domestic violence enhancement that occurs when someone allegedly commits at least two separate acts of domestic violence within a 12-month (one-year) period. A person does not have to be convicted, and it does not matter if both charges were misdemeanors; if you are charged with domestic violence twice in one year, it can trigger this enhancement.   

In Texas, continuous violence against the family is charged as a felony. Penalties include up to 10 years in prison and fines of up to $10,000. 

Is Stalking a Form of Family Violence in Texas? 

Stalking is not always considered family violence, but it can be, depending on the relationship between the two parties. For example, if your ex-spouse accuses you of engaging in activities that fall under Texas’s definition of “stalking,” such as following them or sending them threatening mail, you could be charged with a family violence crime if the behavior allegedly escalates to assault. 

The accuser could also take out a protective order against you, which can result in several significant consequences, including losing your right to contact that person in any way, see your kids, or even go home if you share a house with the person who took out the order. If you are accused of violating a protective order, you could face serious criminal penalties, such as imprisonment and up to $10,000 in fines. 

Possible Defenses to Domestic Violence Charges in Texas

Several defenses may apply to your case, and a Cedar Park domestic violence attorney at our firm can help you determine the best course of action.

Some possible defenses to domestic violence charges in Texas include: 

• No Offense Occurred: This involves proving that you did not, in fact, commit an offense against your accuser. In other words, this is the innocence defense. 
• Lack of Intent/Knowledge: To convict you of domestic violence, the prosecution must prove that you “intentionally, knowingly, or recklessly” caused bodily injury to the defendant or threatened to cause injury to the defendant or that you “intentionally or knowingly” engaged in conduct that you knew would offend the defendant. This defense rests on proving that you had no intention of causing harm or threatening harm, or that you did not intentionally do something that you knew the other person would find offensive or provocative. 
• Self-Defense: In some cases, it may be possible to prove that you were acting in self-defense. This is considered a valid defense to assault charges, including domestic assault or family violence. 

How Our Cedar Park Domestic Violence Lawyers Can Help

At Smith & Vinson Law Firm, we have a long history of standing up for people accused of all sorts of criminal acts. We fight tirelessly for our clients—and our case results prove it. Our Cedar Park criminal defense attorneys are here to help you navigate the criminal justice system, whether that means working to have your charges dropped, your case dismissed, or your name cleared at trial. When you choose our firm, you get a personalized defense from a team that genuinely cares about you and your future. 

Give us a call at (512) 359-3743 to set up a completely free and confidential consultation with a skilled domestic violence defense lawyer in Cedar Park.