Houston Domestic Violence Lawyer

Domestic Violence Attorney in Houston, TX

Domestic violence is an unfortunate reality throughout the United States. Every year, thousands of people experience various forms of domestic violence from family members and other members of their households. Domestic violence cases are unique in that they often entail not only criminal court proceedings but also family court filings as well, which is why you want a Houston domestic violence lawyer on your side.

Anyone convicted of domestic assault, or any form of domestic violence, faces a wide range of penalties. A charge of assault involving a family member (domestic violence) is treated differently under Texas law than a regular assault.

Unlike a regular assault case, even if you complete deferred adjudication (a type of probation that does not result in a final conviction), you can never seal the case afterward. That means that the case will always show up on a background check.

If you are not a U.S. citizen, you are mandatorily deportable if you plead guilty or no contest to this type of charge. Even if the complainant does not want to press charges, the DA’s office has a special division called the Family Criminal Law Division (FCLD) that will press forward if they believe they can piece the case together with the other evidence available, such as photos, 911 calls, and witness statements.

This area of the law is full of complex Constitutional and evidentiary issues that are still being litigated in the U.S. Supreme Court. With the stakes being this high and the law so fluid, you need a lawyer well versed in the admissibility of certain key pieces of evidence that the government will try to use against you.

The Importance of Defense Counsel in a Domestic Violence Case in Houston, TX

Every American has the right to legal representation when they are accused of a crime, even if they are unable or unwilling to pay for a private Houston criminal defense attorney.

A private Houston domestic violence lawyer can offer a high level of defense representation, so that your case receives the close attention it deserves.

The Law Office of Joseph Ruiz, PLLC, has years of experience representing Houston clients in a wide range of criminal cases, including domestic violence and matters that intersect with Personal Injury claims. We understand the serious penalties a defendant may face in these cases and are fully prepared to protect our clients at every stage of the legal process.

Our firm develops strategic, outside-the-box defense approaches that have resulted in case dismissals and jury acquittals when it mattered most. We have also helped keep countless families together by preventing non-U.S. citizen clients from convictions that could lead to deportation.

The right attorney can have a tremendous influence on the outcome of your domestic violence case. While state law focuses primarily on the rights and safety of the alleged victim, domestic violence cases inherently cast the accused in a negative light.

Unfortunately, many people are falsely accused of initiating domestic violence when they, in fact, only acted in self-defense. As a result, it’s easy to feel that the entire system is pitted against you when you are falsely accused of domestic violence. Alternatively, if you know you broke the law, you need a defense lawyer to help you mitigate the penalties you face in sentencing.

How Does a Domestic Violence Case Begin?

Most domestic violence cases open with a call to the police concerning a domestic disturbance. The victim of domestic violence may call for help, or a neighbor or other household member may notify the police of domestic violence.

When the police respond to a domestic violence call, they have a legal obligation to prevent further harm to the alleged victim, even if they cannot irrefutably prove fault immediately at the scene. Therefore, the police will arrest the alleged aggressor and help the victim obtain a temporary restraining order. This order will last until a hearing date, and the defendant will be legally prohibited from contacting or coming near the alleged victim.

If you are wrongfully accused of domestic violence, the initial police response can easily feel unfair and one-sided. However, it is always best to comply with directions from the police and refrain from resisting arrest. Even if you did not commit the offense in question, arguing with the police or physically resisting arrest does nothing to help your situation and can lead to additional charges.

Observe your right to remain silent before taking advantage of your right to legal counsel and securing defense representation. Your Houston domestic violence attorney can help you determine the best defensive strategy available to you.

Can the Victim Drop the Charges in Texas?

In Texas, a domestic violence accuser cannot unilaterally drop domestic violence charges because they are not the ones who file them. Rather, the State of Texas is the prosecuting party that files charges against the alleged offender. While some states require victim cooperation to pursue the case, Texas’s domestic violence laws allow prosecutors to continue with charges whether the accuser provides testimony or not.

The State vs. the Defendant

Domestic violence prosecution is carried out by the state on behalf of the public interest. While victim cooperation can be important, it is not legally necessary for the state to have a valid case. Their testimony could be valuable evidence, but conviction is certainly possible without it. There are several reasons the state oversees charges with or without the victim’s cooperation.

One, the victim may fear for their safety or the safety of other family members if they pursue charges. Another reason is that an offender can still be a risk to others if the charges are not pursued. The accuser may decide they want to drop the case for any number of reasons, but the state has a responsibility to punish violent offenders.

Affidavit of Non-Prosecution

An Affidavit of Non-Prosecution (ANP) is a document that the accuser can file with the court to state that they do not want the case to proceed. Specifically, it highlights that the alleged victim no longer wishes to participate in the prosecution’s case. However, an ANP doesn’t just make the case disappear.

Prosecutors can still proceed if they believe they have sufficient evidence to prove the case without their testimony. Typically, the ANP only has the potential to sway a prosecutor, not compel them.

However, an ANP can become a great tool for the defense. While victim cooperation isn’t mandatory for the state to pursue charges, lacking it certainly weakens the case against you. Your attorney can use an ANP to negotiate a plea bargain on your behalf, allowing you to plead guilty to a lesser charge in exchange for a reduced sentence.

What’s more, your lawyer may be able to file a motion to dismiss if it seems the prosecutor’s case is too unsubstantial without witness testimony.

It’s important to note that the defense cannot ask the accuser to file an ANP. They must do so entirely of their own volition.

Evidence-Based Prosecution

Even when a victim is reluctant to work with prosecutors in their case against an alleged offender, the state can still pursue charges through evidence-based prosecution. This means they’ll rely heavily on independent evidence, including:

• 911 call recordings
• Police reports
• Medical records of injuries
• Photographs of visible harm and property damage
• Witness statements

In particular, 911 call recordings can be the most powerful pieces of evidence for prosecutors in domestic violence cases because they capture the incident in real time before any party can change their story. These calls capture direct statements from victims that describe the threats, abuse, and fear they’ve experienced.

What’s more, the recordings may also have background noise and other sounds that suggest a struggle is occurring, or they may even capture admissions and incriminating statements by the perpetrator.

Because 911 calls are essentially official documents, they carry a lot of weight in court. In many courts, these recordings are entered as exceptions to hearsay rules, as they’re considered statements made during emergencies.

Challenging 911 Recordings

When the accuser doesn’t cooperate with prosecutors and the state has to rely on 911 recordings, your attorney has several options to challenge the evidence. These may include:

Challenging accuracy and context: 911 calls only capture one perspective. Your attorney may argue that the caller misinterpreted events or exaggerated threats. Additionally, sounds in the background can be misleading or lack context.

Questioning credibility: Your lawyer may question the accuser’s history of inconsistent statements or false reports, highlighting the possibility of lies or exaggeration. The goal is to introduce doubt into the prosecutor’s case.

Technical or procedural challenges: Your attorney may review the call logs, recordings, and handling procedures to make sure the recording wasn’t altered. Procedural mistakes or signs of tampering can make the 911 recording inadmissible.

What Counts as Domestic Violence in Houston, TX?

“Domestic violence” is a very broad term that applies to any abuse within a family or household. An offense qualifies as domestic violence when the parties involved are members of the same family or household. It’s also possible for domestic violence to manifest between family members or former close relations who no longer live together. Most domestic violence cases in the Houston area pertain to currently or formerly married spouses, current or former romantic partners or roommates, parents and children, and extended family members. Acts that potentially qualify as domestic violence include:

• Physical assault. Physical violence can easily result in devastating injuries, and the offender is liable for the victim’s medical expenses and other damages in addition to criminal prosecution.
• Sexual battery or molestation. These offenses often qualify as felonies, especially if the victim is a minor. Conviction will likely entail an extensive jail sentence and compulsory registration as a sex offender, potentially for life.
• Terrorization and emotional abuse. If a family or household member consistently threatens, verbally abuses, and intimidates other family members and causes them to legitimately fear for their safety, this qualifies as domestic violence even if no physical actions are taken.
• Psychological abuse. Some domestic violence cases involve psychological abuse and damaging manipulation, such as making a child believe they are sick or intentionally making them sick, or intentionally isolating a victim from their other relatives and friends. Victims of this type of domestic violence often require years of recovery and bear long-term complications from these experiences.

The penalties for domestic violence typically mirror those assigned to the standard versions of these offenses. However, the fact that an offense qualifies as domestic violence automatically increases the penalties for the offense under Texas law.

Individuals convicted of domestic violence can face fines and incarceration in county jail or state prison. Where they serve their time is typically determined by whether the offense is a misdemeanor or felony.

When a victim has sustained measurable damages, the defendant faces civil liability for medical expenses, lost income, property damage, and pain and suffering. The judge handling sentencing of their criminal charges may also include restitution to the victim as part of the defendant’s sentence.

In addition to criminal penalties and liability for civil damages, the defendant will also be subject to a restraining order, likely compelled to move into a new home, and face various other personal and professional consequences. The temporary restraining order issued in response to the incident in question can transition into a “permanent” restraining order with stricter terms.

While subject to a restraining order, the defendant will not be permitted to contact those protected by the order, and they will not be allowed to come into close contact with them. This order will need to be periodically renewed, and any violations will lead to incarceration and other severe penalties.

Additionally, the criminal record for domestic violence could lead to the defendant losing any professional licenses they may have held, and they may be unable to work in certain fields or locations. It is also very likely for them to lose any child custody or visitation rights they may have held previously, but they will still be responsible for paying child support.

What to Expect From Your Houston Domestic Violence Attorney

If you are charged with domestic violence in Houston, the penalties you face can change your life in many ways for years to come. Therefore, you need defense representation you can trust in this situation to help you determine your best defenses and best opportunities to minimize penalties or avoid conviction.

When you choose the Law Office of Joseph Ruiz, PLLC, to represent you in a domestic violence case, our team will thoroughly review every detail of your claim and help you formulate an effective strategy.

In the U.S., the criminal justice system upholds the standard of “innocent unless proven guilty,” and the burden of proving guilt rests on the prosecution. Your Houston domestic violence defense attorney’s job is to prevent the prosecution from meeting its burden of proof.

Your defense team may seek contradictory evidence that counteracts the alleged victim’s claims and/or proves you acted in self-defense. Eyewitness testimony, past interactions with the police, and various other factors may come into play in creating your defense.

The defendant may avoid conviction if the prosecution cannot prove guilt beyond a reasonable doubt. In some cases, however, conviction is unavoidable. If the defendant is clearly guilty of the charge in question and the prosecution has all of the evidence and testimony to secure a conviction, the defendant’s best option may be a plea deal.

Plea bargaining is only offered in certain cases at the discretion of the prosecutors. In exchange for a guilty plea, the prosecution offers lighter sentencing and/or reduced charges to conserve court resources that would otherwise be spent on lengthy litigation.

FAQs

Q: Do My Domestic Violence Charges Get Dropped If the Accuser Refuses to Testify?

A: No, your charges do not automatically get dropped if the accuser refuses to testify. The state, not the victim, brings domestic violence charges against an alleged offender. This means only the state has the power to drop charges. Prosecutors can use other forms of evidence to pursue a conviction. However, a non-cooperative accuser can weaken the case, giving your Houston domestic violence attorney leverage in plea negotiations.

Q: What Happens After a Domestic Violence Arrest?

A: After you’re arrested for a domestic violence claim, you’re typically taken to jail, booked, and held for a magistrate hearing within 48 hours. The judge may set bail and impose contact restrictions and other conditions for your release. You’ll be given a date for your next court appearance. In the meantime, you can meet with your attorney to discuss your case and begin working on your defense.

Q: Can I Contact the Alleged Victim After Being Charged?

A: No, once you are charged with domestic violence, contacting the victim is often prohibited by a protective order. Violating this order can have severe consequences, including additional criminal penalties. Even indirect contact, such as over social media or via a third party, can be considered a violation of the order. If contact is absolutely necessary, either go through the court or discuss your options with your attorney.

Q: What Is Strong Evidence in a Domestic Violence Case?

A: Various pieces of evidence can strengthen the prosecutor’s case against you. These include accuser testimony, witness statements, 911 recordings, medical records, and photographs of the victim’s injuries. Communication records can also be used, showcasing past threats and patterns of abusive behaviors. It’s important to work with your attorney to build a strong defense against these charges, regardless of the evidence against you.

Hire a Domestic Violence Lawyer Today

Your Houston domestic violence attorney can help protect your rights throughout your interactions with the criminal justice system. They can also provide valuable guidance if you face civil action from your accuser in addition to criminal court proceedings.

Hire a domestic violence lawyer from the Law Office of Joseph Ruiz, PLLC, for client-focused legal counsel. We understand you have questions and concerns about how your case is likely to unfold and what penalties you could potentially face.

The most important thing to do after an arrest for domestic violence is to take full advantage of your right to remain silent and your right to legal counsel. Remember that anything you say during or after an arrest could be used against you later, so remain silent until you have a defense attorney handling your case.

The Law Office of Joseph Ruiz, PLLC, offers free consultations to potential new clients and has obtained hundreds of dismissals on these types of charges. Call a Houston domestic violence lawyer today to begin building your defense.