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.