Domestic Violence: Family Law Attorney
Domestic violence allegations in League City need to be taken extremely seriously, and it is critical to begin working with an attorney on your case as quickly as possible. Even if you believe that your current or ex spouse doesn’t have any evidence to support a request for a protective order, or if you know that you acted in self defense, you will need to have some dedicated and experienced family law attorneys on your side.
The Law Offices of Tad Nelson & Associates have a local office right here in League City, TX! We can talk with you today about your circumstances and how best to go about your domestic violence cases. We are a specialty law firm that practices many legal services and represents clients in both family law and criminal law cases, which means we understand the wide range of civil and criminal implications of domestic violence accusations. Do not wait to get in touch with us to avoid serious consequences that could affect your divorce case, child custody proceedings, and your criminal record.
Understanding Domestic Violence in League City, Texas
The term “domestic violence” is a broad term that refers to different forms of family violence or intimate partner violence that can occur. When these allegations come up in a family law case, they can include any verbal, emotional, or physical behavior that may be understood as abuse. Under the Texas Penal Code, criminal defense charges are typically charged as assaultive offenses against a spouse. Call us today for your free initial consultation to build a customized plan today!
Domestic Violence is a Significant Public Health and Safety Concern
According to research cited by the Texas Advocacy Project, approximately one in three people in the state will experience domestic violence at some point during their lifetime. While women have long been disproportionate victims of intimate partner violence, both men and women can endure (and commit) domestic abuse. All allegations of domestic abuse must be taken seriously.
Of course, not all allegations of domestic violence are legitimate. The reality is that exaggerated or outright false allegations of domestic violence are made against people in Texas. It is imperative that any false, exaggerated, misleading, or other unjustified allegations of domestic violence in League City are addressed in a proactive manner.
How Protective Orders Work in League City
When a person believes that they are in danger of domestic violence, they may be able to seek an injunction known as a protective order. Protective orders can be issued on a temporary (“ex parte”) basis for up to 20 days or for a longer period after a full hearing under Chapter 85 of the Texas Family Code.
What You Need to Know About Temporary Protective Orders in Texas
As noted above, most protective orders in family law domestic violence cases in Texas are initially entered on a temporary “ex parte” basis. There are special rules and regulations in place for temporary protective orders in Texas. The key thing to know is that a temporary protective order can be entered for up to 20 days without a full hearing.
In other words, a judge in Texas can enter a temporary protective order based on a domestic violence allegation alone. As long as the court finds the allegations raised by the accuser to be sufficiently credible on their face, then the judge can enter a temporary restraining order to protect the alleged victim.
A full hearing is required in Texas before a final domestic violence protective order will be put into place. In effect, this means that the person who has had a temporary protective order put into place against them will always have the right to have their day in court before they face a final protective order.
Understanding the Repercussions of a Protective Order in League City
When a court issues a protective order, that order can have a wide range of repercussions for the person restrained by it. Protective orders can require a person to do (or not do) many things, such as:
- Not engage in any kind of acts of violence against the other party;
- Stop calling or contacting the other party;
- Move out of the residence you share with the other party;
- Avoid the other party’s residence or workplace;
- Submit to drug testing; and
- Avoid the school where the other party’s kids are enrolled.
It is important to emphasize that there can also be far deeper, more significant long-term family law consequences if a final protective order is put in place. The alleged abuser could have their child custody rights and/or child visitation rights undermined by a protective order. Beyond that, criminal liability can also be an issue with domestic violence allegations.
What You Should Know About Protective Order Violations in League City
Protective order violations are taken extremely seriously, and it can be easy to violence a protective order without even realizing it. Since protective orders can restrict the places you can go, you could end up in a location that results in a violation. It is critical to have a lawyer assist you with your defense to avoid serious consequences.
What is the Family Violence Enhancement in League City?
The state of Texas takes allegations of family violence extremely seriously, and allegations of domestic abuse can have many different consequences. One of the issues that you should know about is something called the family violence enhancement. This applies to criminal cases arising out of domestic violence allegations, and it results in a steeper sentence than if you were convicted of a similar offense against a stranger. For example, the family violence enhancement means that the consequences of an assault conviction involving violence against a family member will be more severe than in a case involving the same type of violence used against a stranger in a different situation.
Given that the family violence enhancement can result in steeper penalties if you are convicted, it is essential to work with a domestic violence defense lawyer in League City who can help you to fight the charges you are facing.
Consequences If You Are Convicted
Anyone who is convicted of domestic violence or family violence under Texas law should know that the penalties can be severe. In addition to the possible sentence that can come down with a conviction and the family violence enhancement, it is important to know that you can also face additional consequences beyond the criminal conviction. Generally speaking, you should expect to face penalties for a minimum charge of a Class A misdemeanor. If you have a past family violence or spousal assault conviction on your record, or if the prosecution points to aggravating factors in the case, you can face charges for a third-degree felony. Those sentences can include:
- Class A misdemeanor: up to one year in prison and a fine of up to $4,000; or
- Third-degree felony: up to 10 years in prison and a fine of up to $10,000.
In addition to the consequences of a criminal sentence, you can also face other serious consequences for a conviction that may include, for example:
- Restrictions on child custody, which is known as conservatorship and possession under the Texas Family Code;
- Professional limitations, including restrictions on the types of jobs you can perform with a criminal record; and
- Inability to live in certain places or obtain certain forms of credit with a felony conviction.
How to Build a Strong Defense
Whether you are facing a protective order or criminal charges for domestic violence, or both, it is critical to learn more about your options for building a strong defense. It will be important to tailor the defense strategy to the facts of your case, so you should work with a domestic violence lawyers in League City to determine the best way to avoid a protective order and/or a criminal conviction. Generally speaking, the following are possible defense strategy that could apply to your case:
- Error made by the person who accused you;
- False allegations of family violence;
- Self defense; or
- Defense of a third person.
Why Rely On League City Domestic Violence Attorney Tad A. Nelson
Domestic violence cases are a very serious matter. No matter the specific circumstances that you are facing, it is crucial that you have a reliable advocate on your side. Tad A. Nelson is a League City family law attorney with experience, compassion, and professional skills to handle all types of domestic violence issues. As a practicing criminal defense lawyer, Attorney Nelson has a unique insight into the legal implications of domestic violence allegations. When you contact our League City office, you will have a chance to consult with a Texas domestic violence attorney who can:
- Listen to your story, answer your questions, and explain the next steps in the process;
- Carefully investigate the matter, gathering and organizing all relevant evidence; and
- Craft a personalized strategy to protect your health, safety, freedom and family law rights.
Contact a League City Domestic Violence Attorney
If you have been accused of domestic violence in Texas, it is essential to get in touch with our experienced domestic violence attorney as soon as possible for your free consultation to begin working on a strong defense strategy for your case. Whether you are facing accusations because of a mistake or because your ex is attempting to restrict child custody, it is critical to fight these allegations. The dedicated attorneys at the Law Offices of Tad Nelson & Associates are committed to representing clients in League City who are facing allegations of family violence. We have been handling cases like these for years, and we can evaluate your case today to discuss potential defense strategies with you. Contact the Law Offices of Tad Nelson & Associates online today or call us at (281) 962-7817 for more information.
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Thank you Tad Nelson for standing up for me and what is right, Tad Nelson is obviously well known and respected through out the court system as he spoke with authority and precisely to the assistant DA resulting in the dismissal of my case before the case went to trial. Thank you again. if you want it done call Tad Nelson
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