It is an unfortunate fact that one in three citizens in Texas will at some point experience some form of domestic violence in their lifetime. With this in mind, it is absolutely critical that you have a basic understanding of the domestic violence laws in the state and how those laws can apply to your current or potential future situations. Knowing these laws can be a life saver.
Here are just a few of the most important facts about domestic violence in Texas, from a criminal attorney in Lubbock, TX.
- Domestic violence does not have to be physical: Most people think of domestic violence as physical violence, but that’s not all it entails. Verbal threats are recognized in Texas as being violent both inside and outside of the home, which means certain threats of violence can result in a person being charged with domestic violence.
- Arrests for domestic incidents do not require warrants: There is a misconception that police always need a warrant to make an arrest for any type of crime. This isn’t the case, and with domestic violence incidents, police do not need a warrant or even to have seen the incident occur. All they need is probable cause that someone committed an assault to make an arrest.
- The assault does not need to have resulted in bodily harm: A person can be charged and convicted for domestic violence in Texas even if they did something that resulted in no bodily harm. Acts that are offensive, provocative or, as described above, threatening, can all be considered forms of domestic assault. There need not be injuries or bloodshed for this to be true.
- There does not need to be any physical evidence: Not only does there not need to have been any physical violence or bodily harm, but there doesn’t need to be any physical evidence at all for a person to be arrested, charged and convicted of domestic assault. The standard is to prove beyond a reasonable doubt that the crime occurred, and in some cases this standard can be satisfied without presenting any physical evidence to the court.
- The state will prosecute the crime: Even if the alleged victim decides he or she does not wish to press charges, the state will prosecute the defendant anyway if he or she is suspected of committing a crime.
Texas, as every other state, takes domestic violence extremely seriously. If you have been a victim of domestic violence, contact an experienced criminal attorney in Lubbock, TX today.
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Categorised in: General Legal Questions