Houston Domestic Violence Lawyer

Houston Domestic Violence Attorney

Texas imposes harsh penalties on people found guilty of domestic violence. Even for first-time offenders, a conviction can lead to expensive fines and time behind bars. More than that, your personal relationships and professional reputation can also be impacted, with the social stigma following you for the rest of your life. If you’ve been charged with this crime, it’s important to work with an experienced Houston domestic violence lawyer.

Hire a Domestic Violence Lawyer

At Greco Neyland, PC, our attorneys know criminal law inside and out. Having started their careers as prosecutors with the Harris County District Attorney’s Office, our founding partners know exactly how the state goes about investigating, building its case, and arguing in court. With this knowledge, we begin every case from a position of strength, working to understand all the facts better than the prosecutor.

Our philosophy on criminal cases is simple. If the state has the evidence, prove it or take it to trial. If not, dismiss the case. Using this hardline approach, we remain dedicated to protecting our client’s rights and maintaining their innocence. We’re a small firm that gives every client the attention they deserve. Cases don’t continually get passed down the line, and when you need to call us, you’ll have our personal cell phone numbers.

Understanding Domestic Violence in Houston, TX

Commonly referred to as family violence in Texas, domestic violence is a criminal offense involving violence, threats, or abusive behavior between people in a certain personal or family relationship. This can include spouses, former spouses, people who are dating, family members, or people living in the same household.

Two Texas statutes outline this crime. Texas Family Code Chapter 71 defines family violence and establishes which relationships the term applies to. Criminally, Texas Penal Code § 22.01 sets the charge for domestic violence as assault, allowing a person to be charged for intentionally, knowingly, or recklessly causing bodily harm to a member of their household or family.

Know that domestic violence accusations are not limited to physical injuries. A person can still face criminal charges for allegedly threatening someone, making offensive physical contact, or causing another person to fear immediate harm. These cases often involve heated emotional arguments and conflicting stories, which is why police frequently make arrests before completing a full investigation.

Houston prosecutors pursue domestic violence cases aggressively, even when the alleged victim does not want to press charges. A conviction can lead to jail time, permanent protective orders, loss of certain rights, and long-term damage to relationships and your reputation. Hiring an experienced attorney immediately can be the difference between acquittal and conviction.

Types of Domestic Violence Charges

Depending on the allegations, the extent of the injuries, whether a weapon was involved, and the accused’s prior criminal history, Houston prosecutors can file several different domestic violence charges. These offenses may be charged as misdemeanors or felonies and can carry serious penalties. Common domestic violence charges include:

• Domestic assault: Allegations involving bodily injury, threats of violence, or offensive physical contact
• Aggravated domestic assault: Charges involving serious bodily injury or the use of a deadly weapon during the incident
• Continuous family violence: Felony offense alleging multiple acts of domestic violence committed within a one-year period
• Violation of a protective order: Accusations involving contact with a protected person, returning to a prohibited location, or violating other court-ordered restrictions
• Stalking or harassment: Repeated threats, unwanted communication, or conduct intended to cause fear, emotional distress, or intimidation
• Child endangerment: Charges involving allegations that a child was exposed to violence, placed in danger, or injured during a domestic dispute
• Unlawful restraint or kidnapping: Allegations involving preventing someone from leaving a room, vehicle, or residence during a domestic incident

Penalties for Domestic Violence in Houston

With 231,207 reported family violence incidents in 2021, it’s no surprise that Texas’s domestic violence laws impose harsh penalties for those who are convicted. These consequences are serious and long-lasting, affecting nearly every part of a person’s life. The penalties depend on the specific charge, the severity of the allegations, prior criminal history, and whether weapons or serious injury were involved. Domestic violence penalties include:

• Class A misdemeanor domestic assault: Up to one year in county jail and fines of up to $4,000
• Third-degree felony domestic violence: Between two and 10 years in prison and fines of up to $10,000
• Second-degree felony domestic violence: Between two and 20 years in prison and fines of up to $10,000
• First-degree felony domestic violence: Between five years and life in prison, and fines of up to $10,000

A domestic violence conviction can also lead to consequences beyond jail or prison time, including:

• Loss of firearm rights
• Probation and mandatory counseling
• Difficulty finding work or housing
• Immigration issues for non-citizens
• Loss of professional licenses
• Child custody or visitation complications

The penalties are severe, and prosecutors are often relentless in these cases. That’s why you want to speak with a local attorney to help you understand your legal options and begin working on your defense. A Houston domestic violence attorney would be familiar with the Harris County Criminal Justice Center, where these cases are often heard, giving them leverage during negotiations and trial.

Defenses to Domestic Violence Charges

Being accused of domestic violence does not automatically mean you’ll be convicted. The prosecution has the burden of proof, and they must show beyond a reasonable doubt that you’re guilty to succeed at trial. A strong defense often focuses on the facts of the case, the credibility of witnesses, and how the investigation was handled. Common defenses include:

• Self-defense or defense of others: One of the most common defenses is that the accused acted to protect themselves or another person from harm. State law allows reasonable force when someone is facing an immediate threat of violence. The key issue is whether the response was proportionate to the situation.
• False allegations or misunderstandings: Domestic violence cases often stem from emotional disputes, breakups, or custody battles. In some situations, accusations may be exaggerated or entirely fabricated. Your defense attorney can highlight inconsistencies in statements or motives that could point to the accusation being made up.
• Lack of evidence: The prosecution needs credible evidence to prove its case. If there are no visible injuries, no independent witnesses, or conflicting accounts of what happened, the defense may argue that the evidence is insufficient to convict.
• Inconsistent or unreliable statements: Domestic violence cases often involve conflicting versions of events. If the alleged victim’s statement changes over time or their account is inconsistent with the physical evidence, this can weaken the prosecution’s case.
• Constitutional violations: Law enforcement and investigators are required to follow the Constitution when making an arrest and collecting evidence. If they violate your rights by conducting an unlawful search, questioning you without reading the Miranda warning, or failing to follow proper arrest procedures, any resulting evidence may be inadmissible in court.

Every domestic violence case is dependent on facts, and the strong defense relies on picking those facts apart. An experienced lawyer can evaluate the case, challenge the prosecution’s evidence, and work to get charges dismissed. If the situation calls for it, your attorney may negotiate a plea deal with the prosecution, where you plead guilty to a lesser crime in exchange for a reduced penalty.

What Happens After You’re Arrested

After you’re arrested for domestic violence in Houston, you’ll be taken to the local jail for booking, which includes fingerprinting, photographing, and processing. In many cases, you may remain in custody until a judge sets bond, or you’re released on your own recognizance. The judge may also impose strict bond conditions, including a no-contact order, restrictions on returning home, and prohibitions regarding firearms. A protective order is also typically issued.

Your first court appearance is called an arraignment. During this hearing, the charges are formally read, bond conditions may be reviewed, and you’ll be asked to enter a plea. Having an attorney at this stage can be helpful in securing favorable bail or release conditions and advising you of your rights. From there, the case moves into the prosecution phase.

At this point, both sides will continue their investigations, exchange evidence in a process called discovery, file motions to dismiss the case or suppress evidence, and begin negotiating plea deals. Oftentimes, the case ends here, either with the charges being dropped or a deal being reached. However, if the case continues, it heads to trial, where a judge and jury will hear both sides’ arguments and decide to convict or acquit.

Evidence Used in Domestic Violence Cases in Houston, TX

Domestic violence cases in Houston are built on a mix of physical, digital, and testimonial evidence. Prosecutors do not always rely solely on the alleged victim’s statement, particularly when other forms of evidence are available. Common types of evidence include:

• Police reports
• Body camera footage
• 911 call logs
• Photographs
• Medical records
• Witness statements
• Text messages
• Social media posts

Because this evidence can be interpreted in several ways, how it’s analyzed and challenged plays a major role in the outcome of the case.

How Protective Orders Can Impact Your Case

Protective orders can significantly affect a domestic violence case. They may restrict contact with the alleged victim, require you to leave your home, and prohibit you from exercising some of your rights. Violating a protective order is a criminal offense on its own and can lead to additional charges and jail time. While the prosecution can’t use the existence of a protective order as direct evidence against you, it can still influence how a jury sees you.

FAQs About Houston, TX Domestic Violence Laws

What Happens If the Alleged Victim Refuses to Testify in Houston?

If the alleged victim refuses to testify, Houston prosecutors can continue the domestic violence case against you. The state may depend on other evidence, including 911 calls, police body cam footage, witness statements, medical records, photos, and texts. In some cases, the court may subpoena the alleged victim and require them to testify. Refusal can hurt the prosecution’s case, but it does not mean they will automatically drop the charges.

What Percentage of Domestic Violence Cases Get Dismissed in Texas?

It’s hard to say what percentage of domestic violence cases get dismissed in Texas because the state does not share official statistics on the matter. Some cases are dismissed because of insufficient evidence, conflicting statements from witnesses, lack of cooperation from the alleged victim, or violations of the defendant’s rights. Every case is different, and the outcome depends on the facts, available evidence, prior criminal history, and the strength of the defense’s strategy.

Can A Domestic Violence Conviction Impact Child Custody in Texas ?

A domestic violence conviction can impact child custody. When determining custody, the court considers the best interests of the child, which partially includes protecting them from potential harm. Even an unproven domestic violence claim can affect the access the court grants you to your child. That’s why working with an experienced Houston domestic violence attorney is so important to helping you protect your rights and maintain your innocence.

How Long Does a Domestic Violence Cases Take in Houston?

The amount of time a domestic violence case could take in Houston varies considerably. In complex cases that may require additional investigations, interviews with witnesses, numerous court appearances to file motions, and ongoing negotiations with the prosecution, the matter can take years to resolve. In straightforward cases, the case could conclude in as few as a few months.

Contact A Houston Domestic Violence Lawyer Today

If you’ve been wrongfully accused of domestic violence, know that your future is at risk. Not only will you have a criminal record that follows you for the rest of your life if convicted, but your personal and professional relationships can also be in jeopardy.

Hire a domestic violence attorney from Greco Neyland, PC, for the dedicated legal support you need to face these charges and protect your rights. We can investigate the incident, review the prosecution’s case against you, and get to work building a strong defense strategy. Too much is on the line to go through this alone. Contact our office today to schedule a case review and learn more about your legal options.