Domestic Violence & Spousal Abuse

Domestic violence crimes usually involve an altercation between spouses, partners, people who are dating, and the elderly. Many people consider domestic violence to be a private issue It is a common misconception that if the alleged victim in a domestic violence or spousal abuse case asks that the charges be dropped, that the case will be dismissed.  

Realistically, once a matter is introduced into the criminal justice system an alleged victim and family member has absolutely no say as to whether or not the prosecution pursues the matter.

You can be arrested, charged and convicted even if the alleged victim does not want it and objects. If the police see visible injuries, they will make an arrest.  The alleged victim becomes a witness at that point, and it is now up to the prosecutor to determine if charges will be brought.

It is imperative for anyone accused of domestic abuse or domestic violence, particularly of assault and battery, to contact an attorney immediately.  Once the prosecutor has decided to file charges after an arrest for domestic violence or spousal abuse, there are myriad conditions of probation that can ruin your life. 

A domestic abuse charge is a serious matter, and can lead to a prison term in certain situations. It can also lead to severe terms of release and probation. If you are convicted, you could be placed under a restraining order and prohibited from drinking alcohol and other social activities. It is vital you understand these possible effects of a charge and a conviction. If you are placed under a restraining order a violation can send you to jail and lead to more restrictions.

Special courts have been set up to deal with domestic violence, special prosecutors generally handle domestic violence cases, and special laws govern domestic violence cases. Domestic violence includes, but is not limited to, any one of the following crimes when committed by one family or household member against another:

• Assault and battery
• Criminal trespass
• Disorderly conduct
• Harassment
• Kidnapping and false imprisonment
• Reckless endangerment
• Restraining order violations
• Sexual assault and spousal rape
• Stalking and terrorist threats

Where a plea is the best result, there are creative sentencing alternatives with domestic violence charges. Some alternatives to jail in domestic violence cases include counseling, rehabilitation and other forms of treatment. At The Sheena Law Firm we can help you fight the charges against you or help you in the sentencing process to get the assistance you need to break the cycle of domestic violence.

If you have been charged with domestic violence, domestic battery, aggravated domestic battery or abuse in Texas, make sure you protect yourself immediately. Contact us at today to discuss your case.