Texas Family Law & Domestic Battery Attorney Serving Clients in Galveston
When you are facing domestic battery charges in Galveston, Texas, it is extremely important to have an experienced Galveston domestic battery attorney on your side. According to the National Sexual Violence Resource Center, while false reports are not common, law enforcement officials do determine that reports of domestic battery are false or baseless. You should know that a conviction for domestic battery—or any form of assault or family violence—can have serious consequences, including difficulty obtaining custody of your children.
Under Texas law, battery charges fall under the statute on assaultive offenses. If you are facing domestic battery allegations, you need an experienced Galveston domestic battery attorney on your side. An advocate at the Law Offices of Tad Nelson & Associates can speak with you today.
Domestic Battery in Galveston, TX
How is domestic battery defined in Galveston, and what must a prosecutor prove in order for charges to stand against a defendant? These are extremely important questions, and we want to be certain that you understand the definition of this charge as well as its implications upon conviction.
What is domestic battery under Texas law? Under Sec. 71.004 of the Texas Family Code, domestic battery falls under the larger offense of “family violence,” as well as under the larger offense of “assault” under Chapter 22 of the Texas Penal Code. Texas law defines family violence as “an act by a member of a family or household against another member of the family or household 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.” In other words, domestic battery can be considered a form of assault.
In order to show that an individual is guilty of assault, Sec. 22.01 of the Texas Penal Code states that a prosecutor must be able to prove one of the following about the defendant in order for that individual to be convicted of domestic assault:
- Intentionally, knowingly, or recklessly caused bodily injury to another, including the person’s spouse;
- Intentionally or knowingly threatened another with imminent bodily injury, including the person’s spouse; or
- Intentionally or knowingly caused physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Battery is a crime that involves physical contact that is both intentional or willful on the part of the defendant, as well as that is harmful or offensive to the individual. To be convicted of an assaultive charge related to domestic battery, a prosecutor must prove that the defendant acted willfully and that the physical contact was harmful or offensive to the alleged victim.
Common Types of Battery in Texas
Domestic battery is only one specific type of battery under Texas law. There are numerous other common types of battery, and individuals frequently face charges for other forms of battery that are alleged to have been committed in the home. Common types of battery in Galveston, Texas include but are not limited to:
- Domestic battery: As we discussed above, domestic battery involves intentional contact with another person in the home—including a spouse—that is harmful or offensive.
- Sexual battery: While sexual battery can happen anywhere and can involve an alleged perpetrator and alleged victim who either are strangers or know one another, sexual battery is often charged in relation to family violence. To be sure, sexual battery can happen in the home. It is typically defined as any type of sexual assault that does not rise to the level of rape, and may include unwanted sexual touching or groping.
- Simple battery: Like domestic battery, simple battery refers to a crime in which an individual intentionally makes physical contact with another party in a manner that is harmful or offensive. Simple battery can happen in the home among spouses or family members.
- Aggravated battery: In the home setting, aggravated battery has the same elements as a simple battery but results either in serious bodily injury or involved the use of a weapon.
- Battery causing bodily harm: When battery happens in the home, it must involve harmful or offensive physical contact. When bodily harm is severe, the crime may be charged as an aggravated assault.
If you are accused of causing actual physical harm to a person in your home or intentionally causing offensive or harmful physical contact, you may be charged with a form of battery.
Contact a Galveston Domestic Battery Lawyer
If you are facing domestic battery charges, you should speak with a Galveston domestic battery lawyer as soon as possible. Contact the Law Offices of Tad Nelson & Associates online today for more information about the services we provide to clients in Galveston, Texas. We can also be reached via phone at (281) 280-0100.