Criminal Case Results: Domestic Violence

Criminal Case Results

Our Reviews

Jack is well known around the court house and respected for his wisdom and knowledge of criminal. He is a smooth talker and knows the business.

aglopez

I highly recommend Jack Carrol, I don’t usually give reviews, however, he saved our family a lot of heart ache, I just wanted to let other people know that he can be trusted to do a professional job. Your in good hands.

Billswanson

“I visited several attorneys before choosing Mr. Carroll to represent me. From day one, he was professional, supportive and knows the law… My case was dismissed and I would definitely recommend Mr. Carroll to any friend or family member in the future.”

Jeanne88

More Testimonials

Aggravated Assault of a Family Member – CT 351 – CZE#17690240
Aggravated Assault of a Family Member – CT 262nd – CZE#17355070 (Dismissed)
Aggravated Assault of a Family Member – CT 228th – CZE#17444880 (Dismissed)
Family Violence, Impeding Breath – CT 230th – CZE#17049050 (Dismissed)
Aggravated Assault of a Family Member – CT 176 – CZE#16997150 (Dismissed)
Assault of a Family Member, Impeding Breath – CASE DISMISSED – 338th District Court – 163912701010
Family Violence Assault – CASE DISMISSED – Court 8 – 224303201010
Aggravated Assault of a Family Member – CASE DISMISSED – 177th District Court – 160814701010
Assault of a Family Member with Previous Convictions – CASE DISMISSED – 180th District Court – 159977201010
Assault of a Family Member, Impeding Breath, with Previous Convictions – CASE DISMISSED – 180th District Court – 159578801010
Assault of a Family Member – Impeding Breath – CASE DISMISSED – 232nd District Court – 158998101010
Assault of a Family Member, Impeding Breath – CASE DISMISSED – 184th District Court – 157602401010
Aggravated Assault of a Family Member – CASE DISMISSED – 262nd District Court – 157032601010
Assault of a Family Member, Impeding Breath – CASE DISMISSED – 230th District Court – 156609901010
Assault of a Family Member – CASE DISMISSED – Court 7 – 216658201010
Assault of a Family Member – Impeding Breath – CASE DISMISSED – 155015801010
Assault of a Family Member, with Previous Convictions – CASE DISMISSED – 154213101010
Assault of a Family Member – CASE DISMISSED – Court 14 – 213385501010
Aggravated Assault of a Family Member, Deadly Weapon – CASE DISMISSED – 339th District Court – 152669201010
Assault of a Family Member – CASE DISMISSED – Court 10 – 210132901010
Assault of a Family Member, Impeding Breath – CASE DISMISSED – 151493801010
Assault of a Family Member – CASE DISMISSED – Court 12 – 209628701010
Assault of a Family Member, Impeding Breath – CASE DISMISSED – 230th District Court – 150680701010
Assault of a Family Member – CASE DISMISSED – Court 4 – 208488601010
Assault of a Family Member – CASE DISMISSED – Court 10 – 206416401010
Assault of a Family Member with Previous Convictions – CASE DISMISSED – 182nd District Court – 145983201010
Assault of a Family Member – CASE DISMISSED – Court 2 – 190441701010
Assault of a Family Member – CASE DISMISSED – Court 8 – 188865401010
Assault of a Family Member – CASE DISMISSED – Court 3 – 188250601010
Assault Family Member, Impeding Breath – CASE DISMISSED – 185th District Court – 135322901010
Felony-Family Domestic Violence (Choking-Strangulation) – Case Dismissed (Day of Trial) CZE# 13532290 – 185th Dist Court (Feb, 4th 2013)
Assault-Family Violence: Not Guilty – CZE# 96501170 CT 10
Interference w/Child Custody: Case Dismissed – CZE# 10427050 228th
Violation of a Protective Order-Felony: Case Dismissed – CZE# 10244220, 228th (Set for Jury Trial)
Abandon-Endanger Child: Case Dismissed – CZE# 07417030 262nd
Assault-Family Violence: Not Guilty – CZE# 09172170 176th
Assault-Family Violence: Not Guilty – CZE# 15153180 CT 5
Assault-Family Violence: Not Guilty – Brazoria County
Assault-Family Violence: Case Dismissed – CT 5 Expunged
Assault-Family Violence: Case Dismissed – CZE# 10832310 CT 15 Jury Trial
Assault-Family Violence: Case Dismissed – CZE# 11111140 CT 1
Endangering a Child: Case Dismissed – CZE# 09213030 183rd (Dismissed Day of Jury Trial)
Assault-Family Violence: Case Dismissed – Expunged
Assault-Family Violence: Case Dismissed – Felony – CZE# 11027720 262nd (Pled to Misdemeanor Assault)
Assault-Family Violence: Case Dismissed – CZE# 12844340 CT 2 Jury Trial
Assault-Family Violence: Case Dismissed – Pre-Trial Motions – CZE# 15459160 CT 6
Violation of a Protective Order-Felony: Case Dismissed – CZE# 10623170, 228th (Set for Jury Trial)

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Charged With Domestic Violence in Houston?

Call Jack B. Carroll, an Experienced Criminal Lawyer, at 713-228-4607

DEFINITIONS

(a) FAMILY VIOLENCE: an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or is a threat that reasonably places the member in fear of imminent bodily injury, but doesn’t include defensive measures to protect oneself.

(b) DATING VIOLENCE: (a) “Dating violence” means an act by an individual that is against another individual with whom the person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself

(c) “DATING RELATIONSHIP” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

the length of the relationship

the nature of the relationship

the frequency and type of interactions of the persons involved in the relationship

a casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship”

PROTECTIVE ORDERS

Jack B. Carroll - Houston Family Violence Lawyer I have had case after case where a person is arrested and then slapped with a protective order. Often times the accused cannot go to their home. This stays in effect even if the alleged victim wishes to drop charges. I once had a case where my client met a woman in a bar, took her to his home, discovered she was crazy, called the police and was the one arrested.

She remained in his home.

After bonding out he went home only to discover she was still there and perhaps unbeknownst to him a protective order had been granted. He was arrested on his own doorstep and I had a heck of a time bonding him out. (Please see case results)

Both charges were eventually dismissed. Often the alleged victim is the one to contact and hire me and sometimes will follow my advice and show up in court, separately from the accused/ defendant and have a talk with the prosecutor and possibly a question and answer session with the judge. Sometimes the protective order is lifted sometimes not, and only rarely are charges for the alleged assault/family violence dropped.

In the application for a protective order, the court shall find…

(a) At the close of a hearing on an application for a protective order, the court shall find whether:

Family violence has occurred: and

Family violence is likely to occur in the future.

(b) If the court finds that family violence has occurred and that the family violence is likely to occur in the future, the court:

shall render a protective order as provided by 85.022 …… applying to a person who committed family violence; and may order the person to complete a battering intervention and prevention program and counsel with a social worker and may prohibit the person found to have committed family violence from committing family violence and communicating with the person in a threatening or harassing manner or a threat made through any person to a person protected by an order, or going near the residence or place of employment or business of a person protected by an order, except through the person’s lawyer. And the order will specially delineate the minimum distance from the location. And a license to carry a firearm can be suspended.

May render a protective order as provided 85.021…. applying to both parties that are in the best interest of the person protected by the order or member of the family or household of the person protected by the order. The court may prohibit any party from removing a child who is a member of the family or household from the possession of a person named in the order

(c) A protective order that requires the first applicant to do or refrain from doing an act shall include a finding that the first applicant has committed family violence and is likely to commit family violence in the future.

Criminal Penalties for Protective Order Violation

Violating a protective order is very serious because it is disobeying a direct order from the judge, and it is a misdemeanor on the first offense and there are additional penalties and conditions not normally given in other misdemeanor cases.

The police can arrest you without a warrant, simply by a witness statement that you went near, or threatened a person protected and you can be held in jail without bail/bond. The orders can last from 90 days up to two years.

If you are sent to prison or the county jail it can last up to one year after you get out. A conviction for a violation of a protective order is a Class A misdemeanor punishable by up to one year in prison and a fine up to $4000. If you have 2 or more previous convictions for a violation, it is a 3rd degree felony punishable by up to 10 years TDC and a $10,000 fine, and you may not be able to own a gun for up to 5 years after your probation or sentence ends.

Resource: Texas Family Violence Study (2008)