Former Assistant District Attorney with Experience Handling Family Violence Cases
Getting the police involved in your family’s private matters is often a wake-up call. Unfortunately, it is also usually the time when a family member walks away in handcuffs. When the police show up to a domestic violence call, they often place the suspect under arrest. In Texas, the alleged victim cannot prevent the police from filing charges.
If you have been arrested for allegedly committing family violence, it’s important to work with an experienced family violence defense lawyer in San Antonio like Sophia Martinez. She has extensive experience as both a Former Family Violence Prosecutor and as a Family Violence Defense Attorney.
Family violence cases can affect your current and future employment, your right to possess a firearm and in certain situations, your right to custody of your child.
Who is Considered “Family” in Family Violence Cases?
Texas law allows police to file charges for family violence and dating violence. Family violence is described as “an act intended to result in pain, physical harm, bodily injury, assault or sexual assault, or a threat of such an act when it is committed against a member of the accused’s family or household.”
A “family or household member” could be a:
- Husband or wife
- Ex-husband or ex-wife
- Girlfriend or boyfriend living in the same household or with children in common
- Brother or sister
- Mother or father
- Foster child
- Foster parent
- Members of a household or family
San Antonio Family Violence Charges
Family violence often arises out of misunderstandings between two people in a domestic relationship. In many cases, police may not have evidence beyond the word of each person involved in the dispute. When they arrive to relieve the situation, they may arrest a suspect because they are required to by law. That person is often charged with assault of a family member and taken out of the home. Charges are usually filed against the wishes of the parties involved, even when there is no sign of injury.
Some of the most common charges police file concerning family violence are:
- Assault Bodily Injury/Family/Household
- Violation of Protective Order
- Terrorist Threat
- Assault by Choking/Strangulation
- Assault Family-2nd offense
- Continuous Family violence
- Injury to a child
- Child endangerment or abandonment
- Interfering with a person dialing 911
Domestic violence-related charges can be misdemeanors or felonies depending on the severity of the crime and the suspect’s criminal history. Steep fines and the possibility of jail and other penalties accompany any misdemeanor or felony convictions. If you have been charged with a family violence offense in San Antonio, your alleged victim cannot drop the case. You need a tough family violence defense lawyer like Sophia to work with prosecutors so that they may dismiss your charges. Family violence situations can become highly complex, particularly when children are involved. These cases often invite orders of protection that can keep you out of the family home and away from your children.
Don’t allow these charges to completely change your life; protect your rights and your future by calling attorney Sophia Martinez. As a Former Family Violence Prosecutor and a current Family Violence Criminal Defense Attorney, she has over 25 years experience in handling cases like yours. Sophia can provide the strong defense you need. Call (210) 226-3000 or contact our firm online for a free consultation.