What to Do If You’re Facing Domestic Violence Charges

What constitutes a domestic violence case? Most people have the misconception that someone accused of domestic violence has physically attacked their partner or loved ones. However, the majority of these charges are from very minor disputes that resulted in a call to the police.

There has been a growing concern these days about false accusations that lead to very serious domestic violence charges. Texas has one of the highest conviction rates in the country, and a domestic violence charge can ruin a person’s life.

Here’s what to do if you find yourself in a similar situation.

Hire a Domestic Violence Attorney

The very first thing you should do when facing domestic violence charges is to call a domestic violence lawyer. Even if you know you haven’t done anything to warrant such a charge, you’ll still want an expert’s help in the courtroom. They’re also vital for settling things outside of court.

You want to find someone that specializes in the field and has years of experience. Don’t settle for someone who doesn’t have a good track record of winning cases.

An experienced attorney can walk you through the entire criminal legal process, step-by-step. This includes your initial appearance, the filing of charges, and defending you in court. They’ll also inform you of your rights as the accused.

Failure to take these accusations seriously can have a significant impact on your daily life.

Your pending case will show up on criminal background checks. A conviction can prohibit you from purchasing and owning firearms. It may also affect whether or not you can spend time with your child.

Learn About the Different Assault Charges

A domestic violence charge isn’t the end of the world. It’s important to know what the different types are and how they apply to you. In Texas, domestic violence laws and charges are broken down by the kind of assault.

In addition to physical assault, the types of abuse can include financial, emotional, and even technological.

Financial abuse involves preventing a spouse from working or receiving education. Emotional abuse involves humiliation and insulting behavior, but it’s difficult to prove. Technological abuse may include harassment or intimidation over social media and text messages.

There’s also continuous violence against the family. This is a third-degree felony for repeat offenders and is independent of family violence.

Obey the Criminal Orders of Protection

A domestic violence charge places certain limitations on the accused, even if the other party has yet to take you to court. Among the limitations are the terms of any criminal orders of protection.

A criminal protective order is created by a judge to protect the victim of a crime. They involve any kind of contact such as a phone call, a home visit, or confronting the accuser in a public place.

Violating a criminal protective order adds an additional charge to your case and makes it much more difficult to disprove the initial allegations. It’s a common mistake people make, as they assume a phone call is harmless. However, it’s advised that you never try to contact an accuser without a lawyer present, even if there is no protective order in place.

The same goes for any partial orders of protection, as the “victim” may use a simple visit as a way to agitate or manipulate the accused.

Avoid New Arrests

One of the things that’ll make your domestic violence case more complicated is if you get into more legal trouble. Even something like a string of speeding violations makes you seem impulsive and irrational. It’ll look even worse if you get accused of more domestic assault, regardless of whether you did it or not.

The best thing for you to do is keep a low profile. Stay out of trouble, limit your social interactions, and avoid anyone related to the accuser.

Domestic violence cases can last for as long as two years, so it’ll be difficult to manage. However, you’ll need to avoid giving the opposition any kind of ammunition they can use against you.

Seek Therapy

Therapy sessions are great if you start to struggle with the stress of domestic violence charges. It’s especially helpful if you find yourself alienated from the friends and family you’d normally talk to.

You may think that seeking therapy could work against your case like it’s an admission of guilt. However, seeking therapy can actually help you get a more favorable resolution. It’ll also help you think more clearly and calmly when you face your accuser in court.

If the therapy was ordered by the court, you may be able to use those sessions as part of your defense.

Remember to speak with your domestic violence attorney before you start any therapy sessions, though.

Prepare for Court

Finally, you need to prepare for your court appearances and any kind of mediation sessions with the accuser.

Showing up to any professional proceedings in the wrong attire can send the wrong message and work against your case. Avoid t-shirts and jeans.

Dress like you would in an office setting. Men should have a tucked-in button-down shirt, belt, and dress shoes. Women should wear slacks, a dress shirt, and dress pants or a skirt.

It’ll also help to brush up on how the courtroom functions so you won’t talk out of turn. You can read the Rules of Civil Procedure and Rules of Evidence online if you want to be extra prepared.

Defend Against Domestic Violence Charges

Domestic violence charges are very serious and require a lot of preparation and vigilance to fight. Any kind of misdemeanor or outburst can work against your case and land you in more trouble. A domestic violence lawyer can help protect your name and reputation.

The Law Firm of Andrea M. Kolski is prepared to help you with cases ranging from family law to drug possession. We’re dedicated to defending the rights of accused citizens. Contact us to learn more and to tell us about your case.