Texas Domestic Violence Penalties and Protective Orders
Domestic violence has an unfortunately high occurrence rate in Texas and across the United States. According to the Texas Council on Family Violence, there were nearly 200,000 reported cases of domestic violence. Of these cases, 111 resulted in homicide of the abused victim. 74% of Texans have either experienced domestic violence first hand or have loved ones who have. These are very startling statistics, which have only increased throughout the years.
After a domestic violence call has been reported to the local authorities, the police have been trained to approach the scene quickly and carefully. Upon entering the site of the domestic violence call, they identify the victim and the aggressor. In a small amount of cases, this may lead to manipulation. This may occur in situations of divorce or child custody disputes in order to gain advantage in courts. However for the majority of domestic violence cases, the aggressor is tried and punished in the Texas criminal court system.
What is Domestic Violence?
Domestic violence is defined as violence done between family members. Violence includes physical harm, threats, verbal abuse, forced sexual acts, or stalking. Additionally, "family" can come in a variety of different types. This can include:
€ Current or former spouses
€ Children (including those from previous partners)
€ Domestic partners
€ Grandparents and grandchildren
€ Individuals involved in a dating relationship
In Texas, domestic violence crimes are not charged under their own statutes. Instead, they fall under the related charges. For example, there is no "Domestic Assault" statute and the crime would be charged under "Assault."
Dropping Charges
There is a common misconception that a domestic violence victim can be pressured or bullied into dropping the charges against their attacker. However, this is not true in Texas. The victim does not have the power to drop charges. This decision is left to the local district attorney, who may choose whether or not to drop the charges.
Because of the "No Drop Policy" the district attorney will continue with the domestic violence charges, despite the protests of the victim or a filing of a non-prosecution affidavit. This is done out of a concern of safety for the victim and any children involved. The district attorney may also provide the victim with direction to important resources, such as local shelters and support organizations.
Penalties
A majority of the domestic violence cases in which there is physical harm fall under assault, which can range from a misdemeanor to felony offense, depending on the severity of the injury and the prior offenses of the accused. There are a variety of charges that may be brought against the accused, including:
€ Assault
€ Aggravated Assault
€ Battery
€ Sexual Assault
€ Aggravated Sexual Assault
€ Stalking
€ Unlawful Restraint
€ Kidnapping
€ Aggravated Kidnapping
Keep in mind that physical injury is not the only method in which a charge can be filed. Especially in cases of child abuse (which also falls under domestic violence), this may also include mental injury, emotional distress, or putting a child in a situation where they are likely to experience harm.
Protective Orders
A protective order (commonly referred to as a restraining order) can be ordered by the court to protect the victim against the accused. Protective orders have many benefits, especially for individuals who find themselves in potentially dangerous domestic situations or have reason to believe that the accused will attempt some form of retaliation.
The effects of a protective order include:
€ Eviction of the accused from a residence shared with the victim for 60 days
€ Prohibition of the accused from possessing a firearm
€ Prohibition of the accused from communicating directly with the person protected by the order or member of the household in an attempt to harass or threaten
€ Prohibition of the accused from going near the employment, home, school, child care facility, or business of the person protected by the order or members of their household
In many cases, emergency protective orders can also be given to protect the victim until the case has been resolved. After this time period, they may pursue a protective order in court, which will require an additional hearing.
If a protective order is violated, there can be serious consequences. This is a criminal offense (separate from the previous domestic violence offense) that can be punished by up to one year incarceration and/or a $4,000 fine.
After a domestic violence call has been reported to the local authorities, the police have been trained to approach the scene quickly and carefully. Upon entering the site of the domestic violence call, they identify the victim and the aggressor. In a small amount of cases, this may lead to manipulation. This may occur in situations of divorce or child custody disputes in order to gain advantage in courts. However for the majority of domestic violence cases, the aggressor is tried and punished in the Texas criminal court system.
What is Domestic Violence?
Domestic violence is defined as violence done between family members. Violence includes physical harm, threats, verbal abuse, forced sexual acts, or stalking. Additionally, "family" can come in a variety of different types. This can include:
€ Current or former spouses
€ Children (including those from previous partners)
€ Domestic partners
€ Grandparents and grandchildren
€ Individuals involved in a dating relationship
In Texas, domestic violence crimes are not charged under their own statutes. Instead, they fall under the related charges. For example, there is no "Domestic Assault" statute and the crime would be charged under "Assault."
Dropping Charges
There is a common misconception that a domestic violence victim can be pressured or bullied into dropping the charges against their attacker. However, this is not true in Texas. The victim does not have the power to drop charges. This decision is left to the local district attorney, who may choose whether or not to drop the charges.
Because of the "No Drop Policy" the district attorney will continue with the domestic violence charges, despite the protests of the victim or a filing of a non-prosecution affidavit. This is done out of a concern of safety for the victim and any children involved. The district attorney may also provide the victim with direction to important resources, such as local shelters and support organizations.
Penalties
A majority of the domestic violence cases in which there is physical harm fall under assault, which can range from a misdemeanor to felony offense, depending on the severity of the injury and the prior offenses of the accused. There are a variety of charges that may be brought against the accused, including:
€ Assault
€ Aggravated Assault
€ Battery
€ Sexual Assault
€ Aggravated Sexual Assault
€ Stalking
€ Unlawful Restraint
€ Kidnapping
€ Aggravated Kidnapping
Keep in mind that physical injury is not the only method in which a charge can be filed. Especially in cases of child abuse (which also falls under domestic violence), this may also include mental injury, emotional distress, or putting a child in a situation where they are likely to experience harm.
Protective Orders
A protective order (commonly referred to as a restraining order) can be ordered by the court to protect the victim against the accused. Protective orders have many benefits, especially for individuals who find themselves in potentially dangerous domestic situations or have reason to believe that the accused will attempt some form of retaliation.
The effects of a protective order include:
€ Eviction of the accused from a residence shared with the victim for 60 days
€ Prohibition of the accused from possessing a firearm
€ Prohibition of the accused from communicating directly with the person protected by the order or member of the household in an attempt to harass or threaten
€ Prohibition of the accused from going near the employment, home, school, child care facility, or business of the person protected by the order or members of their household
In many cases, emergency protective orders can also be given to protect the victim until the case has been resolved. After this time period, they may pursue a protective order in court, which will require an additional hearing.
If a protective order is violated, there can be serious consequences. This is a criminal offense (separate from the previous domestic violence offense) that can be punished by up to one year incarceration and/or a $4,000 fine.
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