Can Prosecutors Prove Domestic Violence Even With Contradictory Eyewitness Testimony?

October 14th, 2021 by Tad Nelson in Assault, Criminal Defense, Domestic Violence

Once police respond to a report of possible domestic violence, any evidence they legally obtain may later be used to prove that a crime occurred. This evidence need not include accusatory statements from the alleged victim. Indeed, even in cases where the alleged victim has denied–under oath–that any domestic violence took place, a judge or […]

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The Use of “Relationship” Evidence in Texas Criminal Domestic Violence Trials

September 14th, 2021 by Tad Nelson in Criminal Defense, Domestic Violence

In most criminal trials, the prosecution cannot introduce evidence of a defendant’s “prior bad acts” to establish their guilt of the charged offense. But Texas law makes a notable exception for domestic violence cases. When the alleged victim of a crime is the defendant’s spouse or dating partner, or a member of their household, Section […]

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How to Obtain a Domestic Violence Protective Order in Texas

August 16th, 2021 by Tad Nelson in Domestic Violence, Understanding Texas Law

There are few things more terrifying than being a victim of ongoing domestic violence. When you are a victim of domestic violence, you may constantly fear for the physical and emotional wellbeing of yourself and others in your household, including aging parents, young children, or even pets. If you are experiencing domestic violence in Texas, […]

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Do I Need a Lawyer to Fight Domestic Violence Charges?

May 18th, 2021 by Tad Nelson in Domestic Violence, Felony Crimes, Misdemeanor Crimes

Whether you are going through a breakup or a divorce and domestic violence allegations have arisen out of your split with your ex, or if you are facing domestic violence charges under different circumstances, it is critical to begin working with a Texas domestic violence defense attorney as soon as you can. While you might […]

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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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