Tx Child Custody Class C Misdemeanor Family Violence
Domestic or family unit violence allegations oft ascend from underlying family police situations, such divorce or child custody disputes. Occasionally, these accusations are simulated or were not made intentionally. Family violence situations are taken seriously and typically thoroughly investigated past law enforcement officers, even if no witnesses were nowadays or there is no other evidence of corruption.
Allegations of family violence can lead to additional legal issues, such as applications for protective orders, violations of protective orders, and kid corruption or neglect.
If you have been accused of committing family unit or domestic violence or have been a victim of family unit violence, information technology is essential to consult an experienced family lawyer in Houston to stand for your best interests in your family law proceedings.
Houston Family unit Violence Lawyer
If you accept been accused of family violence or domestic violence or have been a victim of domestic violence in Houston, or whatsoever of the surrounding areas in Texas, including Spring, Humble, Tomball, Aldine, Atascocita, Klein, Jersey Hamlet, The Woodlands, Conroe or Oak Ridge Northward, contact the law offices of The Police Office of Bryan Fagan, PLLC, P.C. The attorneys of The Police Office of Bryan Fagan are experienced Texas family lawyers and volition make every endeavor to defend the allegations against y'all or represent y'all if yous are a victim of domestic corruption. Telephone call The Police Office of Bryan Fagan at (281) 810-9760 about your domestic violence questions.
What is Family unit Violence in Houston
Family unit Violence in Houston is also commonly known every bit domestic violence, domestic abuse or spousal corruption, and is an intentional act by an individual that crusade physical harm, bodily injury, set on or sexual assail to a family unit or household member. A family or household fellow member tin be anyone who is:
- Related through blood or matrimony,
- Hubby and wife,
- An ex-wife,
- An ex-husband,
- Former spouses,
- Parents of the same child,
- Step-parents,
- Roommates,
- Presently or previously residing in the same abode, and
- Foster parents.
An private can also commit dating violence in Houston, which is defined equally an intentional act that causes another person in a dating relationship physical or bodily impairment. A dating relationship is a human relationship that is electric current or occurred in the preceding half dozen months that involved a continuous, ongoing concrete relationship.
Anyone who is a victim of domestic violence or has been defendant of domestic violence may be required to attend a protective order hearing. A protective order is too known every bit a restraining society, protection order, or club of protection against family unit violence, and will be issued by the courtroom if the guess finds family violence has occurred and will probable occur in the future.
Mutual Houston Family Violence Offenses
An individual that has been defendant of committing family violence in Houston may exist charged with any of the following offenses:
Domestic Assault - Tex. Penal Lawmaking § 22.01 – An individual can be charged with domestic assault if they intentionally, recklessly or knowingly:
- Cause bodily injury to a household or family fellow member,
- Threaten to cause injury to a family or household member, or
- Physically contact a family or household member.
This offense is by and large punishable as a form C, B or A misdemeanor or a felony of the third degree.
Aggravated Domestic Attack – Tex. Penal Lawmaking § 22.02 – An individual can exist charged with aggravated domestic assault if they commit an assail law-breaking against a family or household member and use a mortiferous weapon or cause serious bodily injury. This crime is mostly punishable as a felony of the offset or second degree.
Protective Order Violation – Tex. Penal Code § 25.07 – An individual can be charged with violating the terms of their protective social club if they knowingly or intentionally violate the terms of a protective society issued against them. This offense is punishable every bit a grade A misdemeanor or a felony of the tertiary degree.
Stalking - Tex. Penal Lawmaking § 42.072 – An individual tin can be charged with this crime if they repeatedly and knowingly appoint in conduct targeted at a specific person, such as a family unit or household member or a person in a dating relationship:
- That the person perceives equally threatening;
- That causes the individual to fear they will be seriously harmed; and
- That would cause a reasonable person in the same situation to be agape of injury or death from the bear.
This crime is generally punishable as a felony of the second or third caste.
Child Abuse - Tex. Penal Code § 22.04 - An individual can be charged with kid corruption if they recklessly, knowingly or intentionally cause bodily harm or injury to a child. This offense is by and large punishable as a felony of the third, second or first degree.
Houston Penalties for Committing Family Violence
Co-ordinate to Chapter 12 of the Texas Penal Code, the penalties for many domestic violence offenses are every bit follows:
- A form C misdemeanor domestic violence conviction can outcome in a fine up to $500.
- A class B misdemeanor domestic violence conviction can result in a jail sentence up to 180 days and/or a fine upward to $ii,000.
- A class A misdemeanor domestic violence confidence can event in a jail judgement up to one year and/or a fine up to $4,000.
- A felony of the 3rd degree family violence conviction tin can effect in a prison sentence ranging from two to 10 years and/or a fine up to $ten,000.
- A felony of the second degree family violence conviction tin can result in a prison house sentence ranging from two to 20 years and/or a fine up to $10,000.
- A felony of the offset degree family violence conviction can result in a prison house term ranging from five to 99 years or life imprisonment and/or a fine upwards to $10,000.
These basic statutory domestic violence penalties can vary depending on:
- The type and degree of family violence offense,
- Whether a weapon was used during the commission of the offense;
- Whether the declared offender has a previous criminal record;
- Whether the victim was elderly, disabled or a kid; and
- Whether death, bodily injury or serious actual injury occurred.
An individual who commits continuous family violence tin can also be bedevilled of a third caste felony offense, according to Tex. Penal Code § 25.11. Contiguous violence is defined every bit committing any offense considered domestic violence two or more times within a 12 month catamenia.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Police force Role of Bryan Fagan, PLLC routinely handles matters that impact children and families. If you lot have questions regarding divorce, it's of import to speak with ane of our Houston, TX Divorce Lawyers right abroad to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Police Function of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Part of Bryan Fagan, PLLC handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Freedom County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.
Source: https://www.bryanfagan.com/family-law-blog/2016/october/5-things-you-need-to-know-about-family-violence-/
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