Houston Family Violence Lawyer I'm Attorney Jack B. Carroll. Have you been arrested? Have you been charged with a crime? When it’s all on the line, you need elite defense on your side.

Fighting Domestic Violence Charges in Houston?

Call Attorney Jack B. Carroll at 713-228-4607 for skilled legal counsel.

After handling hundreds of family violence cases over the years, I’ve come to realize that the majority of these cases are falsified, exaggerated, and oftentimes wrongly filed. Many times, the arrest is the result of non-violent personal issues being exaggerated to a Police Officer. However, if not properly handled, a domestic/family violence charge can lead to permanent damage to your criminal record and follow you for the rest of your life. If convicted or placed on Deferred Adjudication, you can have an Affirmative Finding of Family Violence permanently placed on your record. This results in your ability to own a firearm being taken away, as well as the being barred from expunging or removing the arrest from your record. If you’re under investigation or have been charged with Family Violence in Texas, contact our office immediately so that we can review your case.

What can I be charged with?

The most common question that I’m asked once someone is under investigation for family violence is what will they be charged with. And unfortunately like most legal answers, the answer is that “it depends”.

It depends on whether or not you’ve previously been arrested or plead guilty to a charge involving family violence. If you have, it’s likely that the case will be filed as a felony, carrying large fines and prison time as a possible punishment. It also depends whether or not the victim claims that their breathing was impeded during the assault, as this will also result in a felony charge. If however this is your first arrest involving domestic violence, you will be charged with a Class A Misdemeanor.

The different charges that involve family violence are as follows:

1. Assault of a Family Member
2. Assault of a Family Member with a Previous Conviction
3. Assault of a Family Member – Impeding Breath
4. Aggravated Assault of a Family Member
5. Violation of a Protective Order
6. Interference with a 911 Call

It Starts With A 911 Call

These emotionally charged calls are recorded and saved by 911 operators and the police. Many times these calls are the result of someone refusing to leave when asked and don’t involve violence. Despite this, the police know how dangerous and serious family violence allegations can be, so they come prepared. When the police arrive at the scene, they will immediately detain anyone they suspect may be intoxicated or may have access to a weapon. This means being handcuffed and often times placed in the back of a cop car before even being asked any questions. The police will separate everyone involved before they even begin at an attempt to get statements. Once they do being taking statements, they will often times ask the alleged victim over and over again if they experienced any pain at all or if were touched anywhere around the neck. They do this so that they can enhance the charge from a misdemeanor to a felony. If there is any indication the victim experienced pain, the police will make an immediate arrest and start the process of issuing protective orders.

 

Experience Matters: Jack B. Carroll’s Domestic Violence Case Results

 

Protective Orders and Bond

Once arrested, the Defendant will be taken to the county jail where they will be held without a bond until they are able to see a Magistrate Judge. It is at this point that the District Attorney’s Office will make recommendations to the court regarding bond, conditions while on bond, as well as protective orders and orders of emergency protection. A Magistrate’s Order of Emergency Protection, or MOEP for short, is automatically issued against a Defendant who has been charged with family violence. These orders are put in place for 30 days after the Defendant’s arrest, 60 days if a firearm was involved, and prevent the Defendant from going to the workplace or home of the alleged victim. The MOEP also prevents the Defendant from speaking to the alleged victim in a threatening or harassing manner. These protective orders are issued automatically, and many times don’t take into account the living situation of the Defendant. We’ve had many cases where the Defendant is prohibited from returning to their own home, despite the fact that the alleged victim has no legal right to reside there.

Once the protective order’s are in place, the Magistrate Judge will set a bond and give the Defendant a Court Date. It is at this time that all order’s and bond conditions go into effect, and a violation of any of these conditions can result in a new arrest and additional charges being filed.

If a Magistrate’s Order of Emergency Protection has been issued against you, contact our office at 713-228-4607 to see if it can be modified or dropped.

Can My Spouse or Lover Have The Charges Dropped?

In many cases of Family Violence, the alleged victim will contact the District Attorney’s Office after the arrest and ask that the charges be dropped. Unfortunately for them, while their input and request will be noted in the case file, once the charges have been filed, the victim no longer has the right to have the case dismissed. Many times, the victim will be threatened with being charged with a crime themselves, hoping they change their mind and cooperate with the authorities.

Many District Attorney’s Offices across the State of Texas have specialty divisions where prosecutor’s handle nothing but family violence cases where the victim is recanting or requesting that the charges against the Defendant be dropped. Unfortunately for them, the case is entitled The State of Texas v. Defendant, and they have no legal authority to drop the charges. The prosecutor’s that work in these divisions have special training in the admission of evidence, and will work vigorously to win their case without the cooperation of the victim. If the Defendant and the Victim move back in together or are caught speaking, many times it will result in new charges being filed against the Defendant as a protective order has likely been violated. The prosecutor’s in these specialty divisions are looking for violations of protective orders, as their case gets easier to prove the more charges they have filed.

Although a first offense family violence charge is a misdemeanor, a second allegation of assault-family violence will result in a felony charge and even a bond/bail higher than some murder charges. (See case results)

Who is Considered a Family Member?

The Texas Penal Code utilizes the Texas Family Code to determine what does and what does not qualify as a “Family Member” when it comes to charging someone with domestic violence. The Penal Code outlines three specific provisions where someone may qualify as a Family Member:

1. “Family Member”
   • The family code specifies that a “family” includes individuals related by consanguinity or affinity, including individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.

2. “Dating Relationship”
   • The family code specifies that a dating relationship is a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. A casual acquaintance or ordinary fraternization in a business or social context does not constitute a dating relationship. The existence of such a relationship shall be determined based on consideration of:
     • Length or relationship;
     • Nature of relationship; and
     • The frequency and type of interaction between the persons involved in the relationship
       

3. “Household Relationship”
   • The family code specifies that you can be charged with family violence if you are a member of the same household as the complainant. “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. This definition includes a wider variety of qualifications that many people may not consider, including roommates, dorm-mates, or even something as simple as someone you are sharing a hotel room with for work.

Is Probation a Possibility in Domestic Assault Cases?

Both Deferred Adjudication and Probation are available for many Domestic Assault and Family Violence cases, but often times they are not a good option.

A Deferred Adjudication allows a Defendant to plead guilty to an offense but not be convicted or formally found guilty of the offense. They are placed on a probation for a specified period of time and if they complete the probation successfully, the case against them is ‘dismissed’. For many charges this is a fair and equitable option, as it allows the Defendant to prove to the court they deserve another chance, and upon the completion of their case, apply for a Petition for Nondisclosure to have their record sealed.

However, the Texas Penal Code does not allow for those charged with an offense involving family violence to apply to have their record sealed. This exception specifically noted in the Texas Penal Code states that a person may not be granted an order of nondisclosure of criminal history record information under the code and is not entitled to petition the court for an order of nondisclosure under the code if the person requests the order of nondisclosure for, or the person has been previously convicted of or placed on deferred adjudication community supervision for any other offense involving family violence

Plainly stated, even though the charges are dismissed after successfully completing deferred adjudication, the charge can be never be expunged or hidden from public view via an expungement-expunction or certificate of nondisclosure. It’s best to fight these charge at trial or work on getting the case dismissed.

Experience Matters: Jack B. Carroll’s Family Violence Case Results

If you’re facing allegations related to family violence, assault, or felony domestic violence, contact Houston criminal defense lawyer Jack B. Carroll as soon as possible at 713-228-4607 for an in-depth case evaluation.