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Family Violence

Alleged acts of violence against family members or intimate partners are commonly referred to as family violence (also known as domestic violence) offenses. Because the potential welfare of children is often a recurring element of these cases, prosecutors and judges take the criminal charges very seriously.

If a law enforcement agency responds to a call related to family violence, one person will usually end up being arrested—even when there might be no evidence to support the accusations. Convictions relating to domestic violence can have profound long-term implications on the careers and basic livelihoods of alleged offenders.

Lawyer for Family Violence Arrests in Plano, TX

Were you arrested in Collin County for any kind of alleged family violence offense? Even if you know that you are completely innocent, you should still not say anything to authorities without legal representation. Contact Law Offices of Richard C. McConathy today.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent individuals in communities all over Collin County, including Plano, Allen, Frisco, McKinney, and many others. They can provide an honest and thorough evaluation of your case when you call (972) 805-8855 to take advantage of a free initial consultation.

Collin County Family Violence Information Center

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Family Violence Definitions in Texas

Under Texas Family Code § 71.004, family violence is defined as:

  • An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
  • Abuse, as that term is defined by Texas Family Code § 261.001(1)(C), (E), (G), (H), (I), (J), and (K), by a member of a family or household toward a child of the family or household; or
  • Dating violence.

Texas Family Code § 71.0021 defines dating violence as an act, other than a defensive measure to protect oneself, by an alleged offender that:

  • is committed against an alleged victim or applicant for a protective order with whom the alleged offender has or has had a dating relationship, or because of the alleged victim's or applicant's marriage to or dating relationship with an individual with whom the alleged offender is or has been in a dating relationship or marriage; and
  • is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.

A dating relationship is considered to be a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such relationships is determined based on consideration of the length of the relationship, the nature of the relationship, and the frequency and type of interaction between the persons involved in the relationship.

Family, as defined under Texas Family Code § 71.003, includes all of the following:

  • Individuals related by consanguinity (one is a descendant of the other or they share a common ancestor) or affinity (they are married to each other or the spouse of one of the individuals is related by consanguinity to the other individual);
  • Individuals who are former spouses of each other;
  • Individuals who are the parents of the same child, without regard to marriage; and
  • A foster child and foster parent, without regard to whether those individuals reside together.

Under Texas Family Code § 71.005, a household is defined as a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. Member of a household is defined under Texas Family Code § 71.006 as including a person who previously lived in a household.

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Common Family Violence Offenses in Collin County

The charges for certain criminal offenses can be enhanced if they occurred in domestic settings or involved family or household members. Some other crimes in Texas can only occur in domestic settings.

Some of the different types of family violence offenses that people may be charged with include, but are not limited to:

  • Assault by Strangulation
  • Bigamy
  • Child Abandonment / Endangerment
  • Child Abuse
  • Continuous Violence Against Family
  • Domestic Assault
  • Interference With Child Custody
  • Protective Order Hearings
  • Stalking / Aggravated Stalking

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Texas Family Violence Resources

Domestic Violence Unit | Collin County Criminal District Attorney — The Collin County Criminal District Attorney’s Office helps victims of domestic violence obtain protective orders. Attorneys with the Domestic Violence Unit also prosecute select cases involving assault–family violence, violations of protective orders, and interference with emergency calls, among other offenses. Visit this website to learn more about the Domestic Violence Unit.

Collin County Criminal District Attorney
2100 Bloomdale Rd., Suite 100
McKinney, TX 75071
(972) 422-1850

Collin County Council on Family Violence — The Collin County Council on Family Violence sponsors numerous community events as part of its effort to eliminate and respond to family violence. On this website, you can learn more about the council’s other initiatives, events, and educational materials. You can also find additional facts about family violence and ways to get help.

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Law Offices of Richard C. McConathy | Plano Family Violence Defense Attorney

If you were arrested for any kind of alleged family violence crime in Collin County, it will be in your best interest to not attempt to explain your side of the story to authorities. Law Offices of Richard C. McConathy can protect your rights and fight to get the criminal charges reduced or dismissed.

Plano criminal defense lawyers Richard McConathy and Brian Bolton aggressively defend clients in Allen, Plano, McKinney, Frisco, and many surrounding areas of Collin County. Call (972) 805-8855 or complete an online contact form to have our attorneys review your case and answer all of your legasl questions during a free, confidential consultation.

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