You Don’t Have to Be “Family” to Face Family Assault Charges
We understand the complexities surrounding family assault charges related to dating violence. Despite not being a legal member of the family, certain laws concerning family assault charges expand the term “family” to include other folks as well. These charges can arise when a person involved in a dating relationship is accused of causing harm or engaging in abusive behavior towards their partner.
In cases where individuals involved in a dating or romantic relationship are facing family assault charges, it is important to understand that domestic violence laws extend beyond traditional family relationships. Many jurisdictions have expanded the scope of these laws to include intimate partner relationships, including dating relationships. Dating violence or assault within a romantic relationship can lead to criminal charges if certain criteria are met, such as physical harm, threats, intimidation, or the violation of protective orders. These charges can have serious legal implications and consequences for all parties involved.
What is dating violence?
As per Family Code §71.0021, “dating violence” refers to any intentional act, excluding acts taken in self-defense, committed by an individual against a victim or someone seeking a protective order. The act occurs within the context of a dating relationship between the accused and the victim, or as a result of the victim’s relationship with another individual involved in a dating relationship or marriage with the accused. The act is intended to cause physical harm, bodily injury, assault, sexual assault, or instill a reasonable fear of imminent physical harm, bodily injury, assault, or sexual assault in the victim.
What constitutes family assault?
It is crucial to recognize that anyone, regardless of their relationship status, can be accused of committing assault or domestic violence. The nature of the relationship does not exempt someone from potential charges if the alleged behavior meets the legal definition of assault or domestic violence.
The law defines “family” in family assault violence to include individuals who are connected through blood relations or through marriage. It includes individuals who were previously married to each other, individuals who share parental responsibility for the same child regardless of marital status, and individuals in a foster parent and foster child relationship, regardless of their cohabitation status. The law goes on to state that those who commit dating violence are included in family violence.
There is a wide array of penalties for being convicted of family assault depending on the severity of the assault. Aggravated assault of a family member is considered to be a first degree felony, and that can have the defendant facing life in jail. Simple assault (which doesn’t result in serious injuries) is considered to be a misdemeanor, and may be penalized with up to a year in prison and/or a fine of up to $4,000.
How can a Copperas Cove defense attorney help me?
When facing family assault charges in a dating or romantic relationship, it is important to seek legal representation from an experienced criminal defense attorney. They can provide guidance, protect your rights, and help build a strong defense strategy. This may involve conducting a thorough investigation, gathering evidence, challenging the credibility of witnesses, and presenting a compelling case in court.
It is important to take these charges seriously and approach them with the assistance of a knowledgeable Copperas Cove criminal defense attorney who can navigate the complexities of domestic violence laws. They can advocate for your rights, ensure fair treatment throughout the legal process, and work towards the best possible outcome in your case.
At Mary Beth Harrell Law firm, we understand that it is important to approach such cases with utmost care and attention to protect the rights and interests of all parties involved. Dating violence allegations can have severe consequences, both legally and personally, which is why having effective legal representation is crucial.
When defending individuals accused of dating violence, our goal is to ensure a fair and just legal process. We thoroughly investigate the facts and circumstances of the case, seeking to uncover any relevant evidence that may support our client’s position. We work closely with our clients to understand their side of the story and develop a strong defense strategy tailored to their specific situation.
Furthermore, we understand that not all dating violence allegations are accurate or based on truthful accounts. False accusations can have devastating effects on an individual’s reputation and future. Our role as criminal defense attorneys is to vigorously challenge the prosecution’s case, question the credibility of witnesses, and challenge the admissibility of evidence to protect our client’s rights.
It is important to remember that everyone is entitled to a fair trial and the presumption of innocence. Our duty is to provide skilled legal representation, ensuring that our clients receive a robust defense and their rights are upheld throughout the legal process. We work tirelessly to achieve the best possible outcome, whether through negotiations, alternative dispute resolution, or in the courtroom, while maintaining a high level of respect and professionalism.
If you or someone you know is facing allegations of dating violence, it is crucial to seek legal counsel promptly. Contact our firm today to schedule a confidential consultation, where we can discuss your case, explain your rights, and determine the best course of action moving forward. To discuss your options today with a free case evaluation, call us or fill out our contact form. We’re based in Killeen and Copperas Cove, and proudly serve all of Central Texas, including Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.
I’ve dedicated my legal career to defending my clients. I demand all the evidence. I investigate all the facts, the so-called witnesses and even the police officers. I make it my business to know the law. Cases can be won or lost before you even set foot inside the courtroom.
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