San Antonio Domestic Violence Attorney
Experienced Domestic Violence Lawyers Defending the Accused in Bexar County, TX
Domestic violence is the accusation that you have committed an act of violence against a loved one, family member, household member, significant other, or spouse. Most people believe that domestic violence is limited to dating relationships or spouses. However, the legal definition of domestic violence is much broader than that, and when you are accused of this kind of crime, you can face harsh consequences if you don’t hire the right lawyer.
Relationship violence is a more precise term than domestic violence, as it encompasses the broader spectrum of abusive behaviors within various types of relationships, not solely confined to cohabitation. Whether familial, romantic, or platonic, any enduring connection can be susceptible to such dynamics.
It's essential to recognize that the ramifications of these actions extend beyond physical proximity, transcending geographical boundaries and encompassing emotional and psychological harm. For individuals facing accusations of domestic violence, acknowledging the gravity of the situation and actively addressing it with diligence and sensitivity is imperative to navigate the legal and interpersonal complexities involved.
The Locke Law Group is a San Antonio, TX criminal defense law firm that can get you the legal help you need. Contact us online or call tel:(210) 361-3113 to speak with our experienced San Antonio domestic violence defense attorneys today.
What Is Domestic Violence in Texas?
Put simply, a person can be accused of domestic violence if someone is accused of an act of violence against a family member or a member of their household. These acts of violence can include anything from serious bodily harm to simpler, offensive contact between two people.
The Texas Penal Code defines domestic violence offenses under several categories, including assault, aggravated assault, sexual assault, and stalking. Understanding these classifications helps in assessing the severity of charges, which can significantly differ from one case to another.
No matter what type of domestic assault or violence you or a loved one has been accused of, a San Antonio lawyer from The Locke Law Group can be your advocate. With extensive experience handling such cases, our attorneys will ensure that your rights are protected throughout the legal process.
Key Elements the Prosecution Must Prove
To secure a conviction for a domestic violence charge in Texas, the prosecution must prove two fundamental elements beyond a reasonable doubt:
- The underlying offense: The state must first prove that you committed an assault, aggravated assault, or another related offense as defined under the Texas Penal Code.
- A qualifying relationship: The state must then prove that the act was committed against a person with whom you have a family, household, or dating relationship.
The prosecution's case often relies heavily on the testimony of the alleged victim and the observations of law enforcement officers who responded to the scene. These situations are often highly emotional and volatile, which can lead to misinterpretations and false accusations.
As a vigilant San Antonio domestic violence attorney, we will meticulously scrutinize every piece of evidence, from police reports and 911 calls to photographs and witness statements, to find any inconsistencies that can be used to cast doubt on the state's case.
What are the Penalties of Domestic Violence in Texas?
In Texas, domestic violence is considered a Class A misdemeanor. If you are convicted, you could face the following:
- maximum of 1 year in jail
- a fine of up to $4,000
If the victim was a pregnant woman and the assault caused her to lose her unborn child, then you could face a third-degree felony and the following:
- up to 10 years in prison
- a fine of up to $10,000
If you are convicted of a domestic violence accusation, you could be placed on deferred adjudication, community supervision, or incarcerated (or imprisoned if it is a felony). Additionally, if you are accused of another domestic violence offense, that second accusation can be a felony. We will make every effort to get your case dismissed or resolved in a way that allows you to get your case expunged so you can move on with a clean criminal record.
What are Your Rights & Options?
Navigating the complexities of domestic violence charges can be overwhelming. At The Locke Law Group, we believe that knowledge is power. Understanding your rights and the legal options available to you can significantly impact the outcome of your case. Whether you are facing accusations or are a victim seeking protection, our experienced attorneys are here to guide you through every step of the process.
Here are some key points to consider:
- Your Right to Legal Representation: Every individual has the right to an attorney. Having skilled legal counsel can help ensure that your side of the story is heard and that your rights are protected throughout the legal proceedings.
- Exploring Alternative Solutions: Depending on your situation, there may be alternative legal solutions available, such as counseling, mediation, or protective orders. Our team will work with you to identify the best path forward.
- Impact of Domestic Violence on Your Future: A domestic violence charge can have lasting effects on your personal & professional life. Understanding these implications can help you make informed decisions about your case.
What If I Am the Victim of Domestic Violence?
If the State is saying you are a victim and you do not want to press charges, we can help you get the charges against your loved one dismissed. Usually, detectives and prosecutors will tell you that dismissing the case is not up to you but up to the State. They tell you this to persuade you to cooperate.
Remember, the State wants the accused to give up and believe that there is no hope. While it is true that only the State can dismiss criminal accusations, your attorneys can use your statement to help convince the State to dismiss the case against your loved one.
If you are a victim and you want to press charges, our San Antonio domestic violence attorneys in our Family Law section can help you with a divorce. We can also obtain a temporary restraining order and attempt to protect you through the civil legal system during the divorce process.
Don't face this challenging situation alone. Contact The Locke Law Group today to schedule your consultation and take the first step toward protecting your rights and future.
Why Hire a Lawyer for Domestic Violence Charges?
Some people may feel intimidated by fighting these accusations. However, hiring a lawyer helps alleviate anxiety. When you hire our San Antonio domestic violence attorney, you receive several benefits, including:
- Protection: A lawyer makes sure you get the protection you need from the State. You should never have to accept responsibility for something you didn’t do. We can also help if you need assistance with a divorce or with issues surrounding child custody.
- Professional Preparation: Our domestic violence attorneys in San Antonio, TX have the professional experience and knowledge necessary to prepare you and your case for court. An attorney from The Locke Law Group can ensure you get the results you need.
- Further Help: If the offense leads to divorce or child custody needs, we can help. We will ensure you are treated fairly and have a fair property division and access to your children.
Don’t try to deal with accusations of domestic violence alone; we can help. Dealing with accusations alone can actually increase the chances of a conviction for your loved one. Engaging with a legal professional provides you with essential guidance and support, which can be pivotal in managing your defense.
Most people who are accused of domestic violence have no criminal record. Our number one priority is to get your case dismissed or resolved in a way that preserves your clean record as soon as possible. These cases can range from misdemeanors to felonies. The Bexar County District Attorney’s Office is taking these cases more seriously and aggressively prosecuting those accused.
Why Choose The Locke Law Group?
We are a client-centered law firm. Domestic violence accusations have the potential to destroy your life. Not only can you receive a criminal record that will stay with you for the rest of your life, but it can also destroy your family. In Bexar County, the District Attorney’s Office will subpoena spouses to testify against their spouse and children to testify against their parents, and parents to testify against their children.
At The Locke Law Group, we understand how to fight & win these allegations. We will aggressively defend you against these life-changing accusations. Our legal professionals put all of our efforts into helping you find the relief you need. Shannon W. Locke is board-certified in criminal defense & has years of experience in family law.
Our Commitment to Your Privacy & Safety
At The Locke Law Group, we understand that facing domestic violence charges or being a victim of domestic violence can be an incredibly stressful and sensitive situation. That’s why we prioritize your privacy and safety throughout the legal process. Our dedicated team is committed to creating a safe environment where you can freely discuss your concerns without fear of judgment or exposure.
Here’s how we ensure your peace of mind:
- Confidential Consultations: All initial consultations are confidential, allowing you to speak openly about your situation.
- Personalized Legal Strategies: We tailor our approach to meet your unique circumstances and needs, ensuring that you feel supported every step of the way.
- Empathetic Representation: Our attorneys are not only skilled in legal matters but also trained to handle sensitive cases with compassion and understanding.
- Ongoing Support: We provide continuous support and guidance throughout your case, keeping you informed and involved in every decision.
Choosing the right attorney can make a significant difference in the outcome of your case. At The Locke Law Group, we are here to help you navigate this challenging time with care and expertise. Contact us today to learn more about how we can assist you.
Contact us online or call tel:(210) 361-3113 to speak with our experienced San Antonio domestic violence defense attorneys today.
FAQs About Domestic Violence Cases in San Antonio
How Does a Protective Order Impact a Domestic Violence Case?
A protective order can significantly affect both the criminal case and a person's daily life. It may bar contact with the alleged victim, prohibit visiting certain locations, or require the accused to leave a shared home. Violating this order can lead to further criminal charges. For those accused, understanding the scope and conditions of the order is critical to avoid additional penalties, while also exploring legal avenues to challenge unjust restrictions.
Can Domestic Violence Charges Be Dropped in Texas?
Once charges are filed, only the prosecutor has the authority to dismiss them—not the alleged victim. However, the victim's wishes and the strength of the evidence can influence the prosecutor’s decision. Skilled legal counsel can present evidence or raise doubts that prompt the state to reduce or drop charges. Our attorneys at The Locke Law Group work proactively to uncover facts that support your defense and negotiate on your behalf.
Is Mediation Available for Domestic Violence Cases in San Antonio?
Generally, mediation is discouraged in domestic violence cases due to safety risks and the unequal power dynamic it creates. However, in some situations—like resolving financial matters or parenting plans—mediation may be considered under strict legal oversight. Our attorneys carefully evaluate whether mediation is appropriate and ensure any negotiations are conducted safely and fairly.
What If I’m Falsely Accused of Domestic Violence?
False accusations can be devastating and have immediate consequences, including arrest, restraining orders, and damage to your reputation. If you’re facing false allegations, it's crucial to act quickly to preserve evidence, avoid contact with the accuser, and hire experienced legal counsel. We gather evidence, identify inconsistencies in the accusations, and advocate aggressively to protect your record and your future.
Can I Still See My Children If I’m Accused of Domestic Violence?
Allegations of domestic violence can affect child custody or visitation, particularly if the court believes a child’s safety is at risk. Protective orders may temporarily suspend visitation. However, with proper legal representation, it's possible to demonstrate that ongoing contact is in the child’s best interest. We work to present your case clearly and advocate for parenting plans that maintain your relationship with your children whenever possible.
How Can an Attorney Help Me With a Domestic Violence Case?
An attorney provides essential support from the moment of arrest through final resolution. This includes challenging the evidence, negotiating protective order terms, working toward dismissal or reduction of charges, and ensuring your rights are protected at every stage. At The Locke Law Group, we tailor our defense strategies to your unique circumstances, providing strong representation whether you're fighting a charge or seeking protection.
