Is an 8-Year Sentence for Domestic Violence Unconstitutional?

May 13th, 2019 by Tad Nelson in Domestic Violence

It should come as no surprise that Texas law is not sympathetic towards defendants convicted of domestic violence. In many cases, a defendant faces enhanced penalties not only for a current act of domestic violence (or family violence, as it’s known in the Texas Penal Code), but also for having a past record of such […]

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Court of Criminal Appeals: Domestic Violence Suspects May Cross-Examine Accusers About Child Custody Petitions

April 10th, 2019 by Tad Nelson in Domestic Violence

Domestic violence cases are often intertwined with child custody disputes. Indeed, there are situations where one parent may falsely accuse the other parent of domestic violence in order to gain the “upper hand” in a custody case. But even when that is not the case, an accuser or witness’ motives in testifying against a defendant […]

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Can I Still Be Convicted of Domestic Violence If the Accuser Does Not Testify?

April 17th, 2018 by Tad Nelson in Domestic Violence

Domestic violence often involves accusers who are unwilling or unable to testify in open court against the defendant. But this does not mean a jury cannot find the defendant guilty. Prosecutors can introduce other direct and circumstantial evidence–including testimony from police officers responding to a domestic violence call–to establish a defendant’s guilt “beyond a reasonable […]

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What Are the Penalties in Texas for Multiple Acts of Domestic Violence?

January 9th, 2018 by Tad Nelson in Domestic Violence

Domestic violence allegations can lead to serious jail time in Texas, particularly if prosecutors can prove you committed two or more assaults against a family member or dating partner over a 12-month period. Such behavior is classified as “continuous violence against the family” in the Texas Penal Code, a third-degree felony punishable by up to […]

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