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.
Family Violence Defense Lawyer in Plano, Allen, Frisco, and McKinney, 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 (469) 304-3422 to take advantage of a free initial consultation.
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.
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
- Child Abandonment / Endangerment
- Child Abuse
- Interference With Child Custody
- Protective Order Hearings
- Stalking / Aggravated Stalking
- Violation of Protective Order
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
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.
Find A Collin County Attorney to Fight Family Violence Charges | Law Offices of Richard C. McConathy
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 (469) 304-3422 or complete an online contact form to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.
Family Violence Assault
Unfortunately, the law allows the government to continue with prosecution of a family violence case even after the victim states they want to drop the charges. This is because the law creates a situation in which the government can step in for the victim to ensure that the victim is not being pressured to drop the case.
Unfortunately, the law allows the government to continue with prosecution of a family violence case even after the victim states they want to drop the charges by filing an affidavit of non-prosecution. This is because the law creates a situation in which the government can step in for the victim to ensure that the victim is not being pressured to drop the case.
Probably not, if your plead to a charge family violence assault with an affirmative finding of family violence then you cannot be granted a petition to seal your record since your record is now in the federal firearms database system and not subject to state orders. Only cases plead to non-convictions with no finding of affirmative family violence can be sealed.
issed if the State offers some form of an anger management (BIPP) coarse and such course is successfully completed. Or if the victim refuses to participate in the trial and the state has no other form to prove up the charges. However, any attempt to influence the victim to not participate in the trial may be consider witness tampering and obstruction of justice which could result in other charges.
Yes, He said/She said cases are the typical type of case filed in the courts. If the victim makes an outcry of assault and has some evidence of the claim, such as marks on the body, this will be sufficient to get you into court. There is quite a lot more needed to have you convicted and a lack of evidence can result in a not guilty or dismissal at trial.