When two people enter into a relationship and make the decision to build a life together, the hope is that the partnership will be based on mutual love, trust, and consideration. However, the sad reality is that, all too often, family violence and abuse is a presence in many of our homes here in Texas. And, whether the decision is due to fear of further family violence at the hands of their partner, a belief that they would be unable to make it on their own, or cultural traditions, physical assaults inside homes often continue for years without being reported. The cycle of violence is then taught to the next generation, with children growing up in these homes being much more likely to become abusers or the victims of abuse themselves. Residents of Texas need to know that domestic violence is a crime that is taken seriously and met with harsh consequences in our state and you should not have to live in fear any longer.
The statistics concerning domestic assault in Texas present a daunting picture. In 2008, there were 136 women who were killed as a result of family violence in the home. The overall number of family violence incidents in our state stood at 143, 505 that same year. This number makes for an average of nearly 400 instances of domestic abuse occurring in Texas each and every day, and this number only accounts for the small percentage of crimes that are actually reported.
A comprehensive study conducted by the Texas Council on Family Violence several years ago painted a clear picture of the severity of the problem our state faces when it comes to domestic violence. 74% of all Texans have experienced some form of domestic violence, or know of a friend or family member who has been in that situation. 31% of Texans reported being severely abused at some point in their life, with women reporting such abuse at a much higher rate than men. These daunting numbers serve as evidence that domestic family violence in Texas, not just against spouses and live-in partners as we most often imagine, but also against children and the elderly, is a serious issue that cannot be excused or belittled.
Perhaps you find yourself in a domestic situation that you know is unhealthy and violent, but you are not sure if you are the victim of an actual crime. According to Texas law, domestic violence is defined as “an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that places a member in fear of such harm.” It is important to note that the threat of violence is enough to charge someone with domestic assault. You do not need to wait until there is physical evidence of abuse on your body to reach out for help from law enforcement and the courts. If your partner simply threatens to hit you and you know those intentions are serious, contact the police immediately and then hire an experienced family law attorney or divorce lawyer.
Even if multiple threats have been made and physical or sexual abuse has occurred, many women do not report domestic abuse out of fear that the crime will not be taken seriously and the perpetrator will end up right back in their home. In the state of Texas, domestic violence is treated more seriously than any other misdemeanor offense. In fact, domestic assault is one of the few misdemeanors in Texas for which a police officer can arrest the accused without actually witnessing the incident. Evidence of injury or simply statements from witnesses can be enough to remove a dangerous person from the home. A judge also can issue a protective order immediately upon arrest to make sure the threatened family members remain safe. This order of protection is valid for up to two years and will prevent an abuser from going anywhere near a victim’s home, place of employment, or school.
Once a person who has been accused of domestic or family violence receives his or her day in court, the penalties that await him or her are severe. Under Texas state law, a first conviction of domestic violence results in up to one year in jail, a $4000 fine, counseling, and subsequent probation. A second conviction is considered a third-degree felony and is punishable with two to ten years in a Texas state penitentiary. A conviction on domestic assault charges in Texas also means that a person will not be allowed to own a firearm for up to five years following the end of a sentence and may never be permitted to carry the gun outside of the home (i.e., a concealed hand gun license). Those convicted also can expect to be required to pay all attorney’s fees of the person against whom the crime was committed. Do not let financial concerns stop you from taking legal action if you are living in an abusive situation. There are plenty of well qualified and experienced family law attorneys.
If you live in Texas, particularly in Austin, Houston or San Antonio, and find yourself in a home in which domestic violence is occurring, please understand that swift and serious legal recourse is available to you. The best thing for you to understand is that there is protection available to you and your family, and an experienced family law attorney can help you take the steps that will make you feel safe today. Instead of becoming a statistic that lawmakers use as evidence for the problem of domestic or family violence in our state, make the brave decision to end the cycle. Contact an experienced and aggressive family law attorney before one more threat is made or another fist is thrown. Domestic violence is never acceptable. There is never any justification for family violence. You deserve better.
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