False Allegations of Domestic Violence in Texas

False Allegations of Domestic Violence in Texas

In Texas, false allegations of domestic violence are punished with severe penalties against a defendant. As a Galveston attorney who has represented individuals throughout Texas, I have seen how overwhelming it is for my clients to face accusations that simply aren’t true. If you’re accused of domestic violence, it’s important to know the legal landscape and what you’re up against under Texas law.

In Texas, domestic violence encompasses a similar category that is addressed under the Texas Penal Code, Chapter 22, which addresses assaultive offenses. Domestic violence may, in general, be described as an act committed against a family member, household member, or someone in a dating relationship and may involve bodily harm, a threat of imminent harm, or offensive physical contact. These are some very serious accusations throughout the state, and if convicted, one can expect extremely severe punishments that may include but are not limited to, substantial fines, probation, imprisonment, and even long-lasting repercussions such as the loss of your right to possess a firearm or problems acquiring specific job opportunities.

Unfortunately, false domestic violence allegations are not as rare as the general public would like to believe. Based on a misunderstanding, a way to get back at another person, or as a means of winning an ugly divorce or custody battle, accusations can turn your life upside down. However, just because someone makes an allegation does not automatically make you guilty. You have rights, and there are things you can do to help defend yourself against false claims.

What Is Considered Domestic Violence in Texas?

There are three major ways domestic violence in Texas could take place: domestic assault, aggravated domestic assault, and continuous violence against the family.

Domestic Assault – Texas Penal Code §22.01 – A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to a family or household member, threatens an imminent bodily injury, or causes offensive physical contact.

Aggravated Domestic Assault – A more serious charge, this happens when a person intentionally, knowingly, or recklessly causes bodily injury to a family/household member and in addition, one of the following two scenarios are present: (1) the bodily injury can be classified as “serious bodily injury”; (2) a deadly weapon was used in the commission of the assault.

Under Texas law, the term “serious bodily injury” is defined as an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”

As to the term “deadly weapon”, Texas defines this as “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury … or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” In practice, nearly anything can be classified as a deadly weapon, so long as the object was used in a way that could have killed someone or seriously injured them. This could (and regularly does) include your hands, a vehicle, or any object that falls under this definition based on the facts of the case.

Continuous Violence Against the Family (Texas Penal Code §25.11) – A person may be indicted for continuous violence if they commit two or more acts of domestic violence during a 12-month period, even when one or more of the incidents in question are committed against different family members or partners.

A false accusation can take on any of the above-described forms, and with it comes some negative consequences to follow. A conviction brings with it life-changing results, which is why it is so imperative that one act quickly and aggressively in their own defense.

Defending Against False Allegations

First and foremost, if you are accused of false allegations in a domestic violence case, you should know that the state has the burden of proof. They have to prove beyond a reasonable doubt that you committed the offense you’ve been accused of, and they have to do this by proving each and every element of that case beyond a reasonable doubt. That being said, it is just as equally important to prepare a strong defense while or in anticipation of the state building a case against you.

Evidence Collection – It is common for false accusation domestic violence cases to be classified as ‘he said, she said’ scenarios – meaning, the only evidence of the crime being committed is the testimony on one person. Because of this, collecting evidence to support your side of the case is pivotal. If there are people who can testify about the incident and in support of you, or you have sent/received text messages, emails, or social media posts, these are the types of things in court that could be helpful in the defense of your case. Other essential electronic evidence may include video footage and phone records.

Challenge Credibility – In a false accusation domestic violence case, if it can be shown that the person making the false accusations has a motive to lie, like due to an ongoing custody battle or divorce, then that can be used against them in court. Showing the inconsistencies in their story or providing evidence in contradiction of their account is a great way to undermine the prosecution’s case. This is done through your skilled defense attorney. They are versed in how to handle situations like this and know how to use the evidence in a way to benefit you and your case in the more effective way.

Alibi or Lack of Evidence – If at the time of the crime, you were elsewhere and have material evidence proving an alibi, this is very important. Again, this type of evidence should only be presented through your attorney so it can be used in a way to benefit you and your case in the most effective way.

Self-Defense – In some cases, a person can be falsely accused of something when they were merely defending themselves from the person who made the false accusation about them. For example, if the so-called victim was actually the aggressor, and you used reasonable force to protect yourself, then under Texas law, you are able to legally defend yourself from that harm. It is worth noting that the force you exert in defense of yourself must be proportional to the threat you faced for Texas law to allow it (generally speaking).

Consequences of a False Conviction

A conviction for a domestic violence offense in Texas can be very serious. You might be facing criminal penalties such as serving time in jail, fines, and probation. But outside the courtroom, long-term consequences are devastating.

Loss of Gun Rights – One of the possible consequences that you may face in case of a conviction related to domestic violence is a bar from possessing any firearm both under state and federal law.

Employment Issues – A conviction for domestic violence could present a problem with a background check by an employer. It can also lead to the revocation and suspension of professional licenses.

Child Custody and Visitation – A conviction for domestic violence may mean the loss of custody of one’s children or severely limited visitation rights, especially in child custody disputes. In some cases, the court may also issue protective orders denying you the right to see your children.

Reputation Damage – Even if you are acquitted of the charges, the stigma associated with accusations of domestic violence may haunt you for many years. This may ruin relationships, affect your social standing in the community, and create emotional distress.

Texas Family Violence Protective Orders

In many false accusation cases of domestic violence, the alleged victim may further apply for a protective order. Texas law does provide for protective orders – Texas Family Code Chapter 85 – which may restrict your freedom of movement, prohibit you from communicating with the accuser and even eject you from your house. If a protective order is issued against you, violation of such an order may lead to additional criminal charges.

It is also equally important to remember that though being a civil order, the violation of the same has criminal consequences. In case you happen to be facing a protective order, then you should work closely with your attorney to ensure that your rights are well protected.

If somebody files false accusations against you, and an order of protection is issued against you, then you have the right to appeal in court. Your attorney may present evidence and testimony at a hearing that the order is not necessary or it was filed based on false accusations. On occasion, a protective order can be dismissed or modified to provide more freedom.

False Accusation Domestic Violence FAQ’s

Here are some frequently asked questions.

Can I Be Arrested for Domestic Violence Based on Someone’s Accusation Alone?

Yes, Texas allows law enforcement to arrest you based on a mere statement from the accuser. No physical evidence of violence is required to exist before the police make the determination to arrest you or not. Often, the police will take a stance of “better safe than sorry” when it relates to domestic violence incidents. They will often arrest first and let the courts decide later whether it should stick. This is one of the many reasons why it’s imperative to have competent legal counsel on your side in your defense.

What Should I Do If I Have Been Falsely Accused of Domestic Violence?

The first thing to do is to hire a defense attorney who has experience in defending against domestic violence cases. Do not contact the accuser because this can be used against you later in court. You will need to document supportive evidence, such as witness statements and communication records in the past that help your case. After that, work on building a strong defense with your attorney.

How Long Does It Take to Resolve a Domestic Violence Case?

The complexity of the case, the court calendar, and whether the case goes to trial determines how long it may take to resolve a domestic violence case. Some cases will be resolved in a few months. Others may take more than a year. While your case is pending, you are advised to follow your attorney’s advice and do nothing out of turn that may also serve as a violation of a protective order.

Can I Get a Domestic Violence Conviction Expunged from My Record?

A conviction for domestic violence in Texas cannot be removed from a criminal record. On the other hand, if the charges are dismissed, or if you’re found not guilty, then you likely can get the arrest and charges expunged (meaning, cleared from your record completely). The expunction process in Texas is very complex, however, so it is always best to consult with an experienced attorney to see whether you’re eligible for an expunction or not.

What Are the Penalties for a Domestic Violence Conviction in Texas?

Domestic violence charges in Texas span from a Class A misdemeanor with related jail time of up to one year, plus fines, to felony charges that can result in many years of imprisonment. Aggravating factors include using a weapon, causing serious bodily injury, or having prior convictions; these increase the severity of associated penalties.

How Can I Protect Myself Against False Allegations of Domestic Violence?

If you believe it is possible that someone might falsely accuse you of domestic violence, there are things you can do to protect yourself. Avoid arguments or physical fights; try to document as much contact as you can with the person making the potentially false accusation. If at all possible, use witnesses to interactions. If a false accusation is made, immediately contact an attorney to protect your rights.

Contact Our Galveston Domestic Violence Attorney for Your Free Consultation

If you have been falsely accused of domestic violence, you need a good defense. Here at Mark Diaz & Associates, we will protect your rights and do everything we can to make sure that the false accusations do not ruin your life. We understand how to build a defense against such charges, and we fight hard for each and every one of clients. For these reasons, contact our Galveston domestic violence defense attorney at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.