HOUSTON FAMILY VIOLENCE LAWYER
Texas does not tolerate acts of domestic violence. If someone calls the police about a domestic disturbance or files a complaint involving family violence, law enforcement will likely arrest the suspect and begin their investigation, even if the complainint witness is lying. Once the case moves to Court, the State do everything possilbe to convict the defendant, even if the complaining witness no longer wishes to pursue the initial charges. This is especially true in Harris County.
If you have been arrested for assault of a family member (whether it's an actual family member or a person you are dating or formally dated), or know someone in this stressful situation, please contact the Law Office of Nicholas R. Westbrook at (713) 936-2174. You may also contact me directly through
email or our
Free Case Evaluation. I would be happy to meet with you, explain the laws governing family violence and discuss your legal options moving forward. When you hire the Law Office of Nicholas R. Westbrook, you can feel confident that you are receiving premier legal representation for your alleged offense.
TEXAS LAW GOVERNING FAMILY VIOLENCE –
Texas law refers to domestic violence as both “domestic violence” and “family violence." “Family violence” means: (1) an act by one family member or household member against another family member or household member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measure to protect oneself; (2) abuse by a family member or household member toward a child of the family or household; or (3) “dating violence”, meaning an act by an individual that is against another individual with whom that person has or had a “dating relationship” and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places that individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
TYPES OF DOMESTIC VIOLENCE IN TEXAS –
When charging someone with a crime involving domestic or family violence in Texas, the law does not distinguish between married spouses, aunts and uncles, brothers and sisters, or even unmarried persons in a dating relationship. Instead, the law links all of these persons together in one category for purposes of establishing family violence. The significance of placing these “family” members in one group involves the enhanced penalties for family violence crimes, as opposed to lesser penalties for similar crimes involving non-family members. As a Houston criminal defense lawyer, I have the experience and knowledge to handle numerous cases involving domestic and family violence, including:
- Assault of a Family Member
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Physical Assault
- Verbal Assault
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Harassment
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Retaliation
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Stalking
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Unlawful Restraint
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Terroristic Threat
EMOTIONS TYPICALLY LEAD TO VIOLENCE AND ARREST –
In many instances of family violence, emotions get carried away or someone makes an accusation out of impulse, not fully realizing the implications of their actions. An angry family member may exaggerate what happened, or even make things up, believing they can just drop the charges once things have calmed down. Several years ago, a complainant could change his or her mind and drop the charges. This is no longer the case in Texas. The State has become more and more strict regarding these allegations. Even if the supposed victim contacts the District Attorney’s Office and demands to drop the charges, the State will usually continue prosecuting the case to the fullest extent of the law. Does this make any sense? No. Do I see prosecutors ignore requests from complaining witnesses to dismiss the charges everyday? Yes. To protect yourself and defend your rights, please contact my office today.
PENALTIES FOR A FAMILY VIOLENCE CONVICTION –
A conviction involving family violence can lead to multiple, life-altering penalties, including up to one (1) year in jail, fines up to $4000.00, anger management classes, probation, and a finding of family violence that will never go away. Such a finding can be used against you in family court and may affect the custody of your children. If you have a prior family violence conviction, and receive a second conviction, you could receive up to ten (10) years in prison, as well as a fine up to $10,000.00. The penalties also increase if the violence is aggravated in any way with a weapon or if you cause an injury to a child. Depending on the circumstances, you may also be prohibited from contacting the complainant for an extended period of time.
Unlike most criminal offenses in Texas, you can never seal your criminal record if you are convicted of a family violence crime or accept deferred adjudication with a finding of family violence. To avoid these significant penalties, it is critical that you contact the Law Office of Nicholas R. Westbrook today.
IF YOU HAVE BEEN CHARGED WITH ANY CASE INVOLVING FAMILY VIOLENCE, PLEASE CALL US TODAY –
If you have been arrested and charged with a crime involving domestic violence or family violence, or you know someone in this unfortunate situation, please contact my office today. As a family violence defense attorney in Houston, I will provide you with the diligent and aggressive representation you need to combat this serious criminal charge. With the Law Office of Nicholas R. Westbrook on your side, you can rest easier knowing that your rights and freedom are being protected by a dedicated criminal defense lawyer.
To schedule a FREE, initial consultation regarding your case, please call (713) 936-2174. You may also contact me directly through
email or our
Free Case Evaluation. I will draw upon all of my knowledge and experience to obtain the best result for you or your loved one. I look forward to helping you during this difficult and stessful time.