What Happens When a Judge Fails to Give Proper Jury Instructions in a Domestic Violence Case?

January 16th, 2020 by Tad Nelson in Domestic Violence

Every Texas criminal defendant has the right to a trial by jury. This includes criminal allegations of domestic violence, or “family violence” as it is known in the Penal Code. A key element of a jury trial is that the judge must properly instruct jurors on the applicable law of each alleged offense. This means […]

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Can I Be Convicted of Domestic Violence Even if the Accuser Recants in Court?

September 27th, 2018 by Tad Nelson in Domestic Violence

It is often said that Galveston domestic violence cases are “he said/she said” affairs. But there are many situations where the accuser changes her story. Sometimes the accuser is afraid of publicly confronting their abuser. In other cases, the accuser fabricated the initial allegations to “get back at” the defendant for some reason. But regardless […]

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Domestic Violence and Family Pets

September 20th, 2018 by Tad Nelson in Domestic Violence

Domestic violence in the Galveston area does not just affect partners and children. The family pet may also be a target of family violence. For this reason, Texas law authorizes judges to extend protective orders to pets. A person subject to such an order may, for example, be barred from “harming, threatening, or interfering with […]

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Texas Appeals Courts Tackle Excessive Domestic Violence Sentences

August 22nd, 2018 by Tad Nelson in Domestic Violence

In the zeal to prosecute individuals accused of domestic violence in the Galveston area, prosecutors and judges often run roughshod over the constitutional rights of defendants. Everyone agrees that domestic violence is a serious offense and should be punished. But any such punishment must be in accordance with the law. Double Jeopardy Here are two […]

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Can I Still Be Convicted of Domestic Violence If I Acted in Self-Defense?

July 30th, 2018 by Tad Nelson in Domestic Violence

Not all domestic disputes are one-way matters. There are many cases where someone is accused of domestic violence but, in reality, was simply protecting him- or herself from the abusive actions of their accuser. Unfortunately, proving self-defense in court is not as easy as you might think. Court Rejects Defendant, Accuser’s Changing Stories Regarding Self-Defense […]

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How to Break the Cycle of Domestic Abuse

July 3rd, 2018 by Tad Nelson in Domestic Violence

If domestic abuse has a pattern, that pattern would be the cycle. The key to ending abuse is to disrupt the cycle and using all legal means available. Read on for more information about how to end abuse—and possibly save your life in the process. The Cycle of Domestic Abuse According to experts, domestic abuse […]

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How to Fight a Protective Order in Galveston, Texas

June 25th, 2018 by Tad Nelson in Domestic Violence

Protective orders are powerful tools. If a judge issues a domestic violence order of protection against you, you might need to move out of the house and turn over any firearm in your possession. Protective orders can frustrate your ability to take care of yourself and deter you from seeing your children. As a result, […]

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How to Extend or Modify a Protective Order in a Texas Domestic Violence Case

May 29th, 2018 by Tad Nelson in Domestic Violence

If you have a Texas protective order for your security and the safety of your family, it can be terrifying to think about what the abuser may do when the stated time period comes to an end. According to the terms included in the order, a restraining order may be in effect for a few […]

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Technology and Stalking in Texas Domestic Violence Cases

May 22nd, 2018 by Tad Nelson in Domestic Violence

Physical harm and threats are synonymous with domestic violence, but there may also be elements of stalking if you are involved in an abusive relationship. While we rely on technology and digital devices for our everyday activities, they can also provide the means for an abuser to track a victim. NPR reported in January 2018 […]

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Developing a Safety Plan in a Texas Domestic Violence Case

April 30th, 2018 by Tad Nelson in Domestic Violence

The National Coalition Against Domestic Violence gathers data from all US states, and the statistics on the frequency of domestic incidents in Texas are disturbing. Roughly one-third of women and a quarter of men experience some form of physical violence by a spouse, former spouse, or unmarried intimate partner. There were more than 185,000 calls […]

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