The Effects of Strangulation Accusations on Domestic Violence Charges

March 12th, 2021 by Tad Nelson in Domestic Violence

Domestic violence allegations are always taken seriously in Texas. Certain claims can, however, make the repercussions of a domestic violence accusation even more devastating. If, for instance, an alleged victim claims that a domestic violence incident included an act of strangulation, the defendant’s charges could be enhanced to felony assault family violence. For help defending […]

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Alternatives to Incarceration for Those Convicted of Domestic Violence

January 15th, 2021 by Tad Nelson in Domestic Violence

Being convicted of domestic violence can have devastating consequences for the parties involved, especially if the conviction was based on untrue or exaggerated allegations. Fortunately, just because a person has been charged with domestic violence does not mean that he or she will need to spend time in prison. In fact, there are a number […]

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Domestic Violence Proceedings

December 9th, 2020 by Tad Nelson in Domestic Violence

In Texas, allegations of domestic violence are taken very seriously. For this reason, a number of processes were put in place, from the time of the initial accusations and potential arrest, to the eventual resolution of a case, to ensure that victims are protected and that defendants who have been wrongly accused are not unfairly […]

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Threats of Violence Can Lead to Domestic Violence Charges

November 11th, 2020 by Tad Nelson in Domestic Violence

Heated arguments can quickly lead to incidents of domestic violence and eventually to criminal charges, even in cases where no physical violence actually occurred. Allegations of domestic violence can have significant repercussions for all of the parties involved, so if you were recently unfairly accused of domestic violence, or were the victim of unlawful threats, […]

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Domestic Violence Is Not Exclusive to Marital or Romantic Relationships

October 12th, 2020 by Tad Nelson in Domestic Violence

Although we often associate domestic violence with acts involving a spouse or romantic partner, in fact, Texas law provides enhanced penalties for anyone convicted who commits a violent crime against any “family member,” which can include a parent, sibling, or child. These instances can result in a variety of consequences. If it is between spouses […]

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The Burden of Proof in a Domestic Violence Case

September 14th, 2020 by Tad Nelson in Domestic Violence

In domestic violence cases, as with any criminal matter, prosecutors may rely on circumstantial and/or direct evidence to establish a defendant’s guilt beyond a reasonable doubt. Put another way, a jury can infer that domestic violence occurred from many smaller pieces of indirect evidence even when there is no direct accusation from the victim. Indeed, […]

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When Is It “Unfair Prejudice” for a Prosecutor to Bring Up Additional Allegations in a Domestic Violence Case?

August 12th, 2020 by Tad Nelson in Domestic Violence

An issue that often comes up in the trial of domestic violence cases is the admission of evidence regarding “extraneous offenses.” That is to say, if you are accused of assaulting a family member, can the prosecution introduce allegations of similar prior acts as evidence against you? The short answer is that such evidence is […]

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Can My Ex Testify About “Prior Bad Acts” in a Criminal Domestic Violence Trial?

July 16th, 2020 by Tad Nelson in Domestic Violence

As a general rule, prosecutors are not allowed to introduce “character evidence” against a defendant at trial. In other words, if you are accused of a particular crime, the prosecution cannot tell the jury about other offenses you may have committed in the past to show you have a “bad character.” Such “extraneous offenses” are […]

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What Happens If I Do Not Attend “Anger Management” Classes Following a Domestic Violence Conviction?

June 12th, 2020 by Tad Nelson in Domestic Violence

Criminal domestic violence charges do not automatically mean jail time. In many cases, particularly with first-time offenders, a judge will sentence a defendant to probation. But probation–or community supervision, as it is known in Texas–carries with it a number of conditions. And if you do not strictly follow all of these conditions, you risk ending […]

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What Evidence Is Needed to Prove Domestic Violence by Strangulation in Texas?

May 12th, 2020 by Tad Nelson in Domestic Violence

Domestic violence allegations can quickly lead to felony charges depending on the circumstances. Under Texas law, it is a second-degree felony when a person previously convicted of domestic violence is later charged with “intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of” a family member “by applying pressure to the […]

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