Dating violence occurs when a person commits a non-defense act of violence against an individual with whom the person currently or previously has a dating relationship, defined as a relationship of a romantic or intimate nature.
Acts of violence that can constitute domestic violence include:
Domestic violence can constitute a misdemeanor or felony offense, depending on the nature of the conduct, whether the victim suffered injuries, and whether the defendant has prior domestic violence convictions. Domestic assault normally constitutes a class C misdemeanor but can become a class A misdemeanor if the victim suffers injury. Domestic assault becomes a third-degree felony if the defendant has a prior domestic assault conviction or the offense involves strangulation or suffocation. When both conditions exist, the offense becomes a second-degree felony.
Domestic violence can become aggravated domestic assault when the victim suffers severe injury or the perpetrator uses or exhibits a deadly weapon in the offense. Aggravated domestic assault normally constitutes a second-degree felony but can become a first-degree felony if the offense involves a deadly weapon and causes severe injury.
A perpetrator may face a third felony charge for continuous domestic violence if they commit two or more domestic assaults within one year.
Finally, violating a protective order constitutes a class A misdemeanor. However, subsequent violations of an order or violating an order by assault or stalking increases the offense to a third-degree felony.
A person convicted of committing a domestic violence offense in Texas will face penalties that may include jail/prison time and fines. Sentences for domestic violence convictions include:
In limited cases, courts may impose probation instead of incarceration, which requires a defendant convicted of domestic violence to obey various restrictions for a set amount of time. Furthermore, a person convicted of domestic violence can lose their right to possess firearms unless the individual later obtains an expungement or pardon of their conviction.
Courts may also impose orders of protection on defendants convicted of domestic violence, which can impose restrictions that may include vacating a residence shared with the victim, refraining from approaching or contacting the victim, or attending anger management or substance abuse counseling.
Defendants facing domestic violence charges may pursue various case strategies to avoid a conviction or secure a reduction in the charges against them, including:
Defendants may also challenge the admissibility of evidence in the prosecution’s case by arguing that law enforcement obtained the evidence or inculpatory statements from the defendant through an unlawful search that lacked probable cause or an interrogation where police failed to advise the defendant of their rights.
When you get arrested for domestic violence, you can put yourself in the best position to pursue a favorable outcome to your charges by exercising your rights to remain silent and consult an attorney. You have the right not to answer questions from police about your charges or to decline sitting for an interrogation. Your right to consult an attorney includes the right to speak to a lawyer before police questioning and to have an attorney present if you agree to speak with the police.
Furthermore, if you receive a temporary order of protection that protects the alleged victim, be sure to read the order carefully and follow the terms and restrictions. Violating the terms of an order of protection, including reaching out to the alleged victim to try to apologize or “make up,” may constitute a separate offense.
