Domestic Violence

Kerrville Domestic Violence Lawyer

Call (830) 331-5977 to Speak with Our Experienced Texas Legal Team

Have you been accused of domestic violence? Act quickly to pursue the legal assistance. A strong defense is crucial when your family, your job, and your reputation are on the line. The Kerrville domestic violence attorneys at The Law Office of Patrick O’Fiel, P.C. have a long-standing reputation for effective advocacy for clients throughout Kerrville and the surrounding areas. With a track record of success and over 20 yearsof experience in the field, our firm has the resources you need to make informed decisions about your future.

Simply being served with a restraining order related to a domestic violence accusation has an immense impact on your life. It is important to take swift action to protect your Constitutional rights.

What Is Domestic Violence? 

Domestic violence in Texas is defined as assaulting a family member, household member, or current or past romantic partner. It must be proven that the accused intentionally or recklessly harmed another person, threatened them with bodily injury, or caused physical contact that the other partner would find offensive. Domestic violence convictions can carry severe consequences.

Penalties for Domestic Violence in Texas:

  • Deportation from the United States, if you are not a citizen
  • Extensive jail or prison time
  • Fines
  • Inability to own and carry firearms
  • Injured reputation
  • Loss of professional licenses
  • Restitution
  • Effecting rights pertaining to your children
  • Loss of your rights to have firearms

Is Domestic Violence a Felony or Misdemeanor? 

In the state of Texas, domestic violence can be a misdemeanor or felony depending on the underlying crime and the circumstances surrounding it.

Possible Domestic Violence Classes:

  • Class A misdemeanor: punishable by a $4,000 fine and/or up to one year in jail
  • Third degree felony: punishable by a $10,000 fine and 2 to 10 years in prison
  • Second degree felony: punishable by a $10,000 fine and 2 to 20 years in prison
  • First degree felony: punishable by a $10,000 fine and 5 to 99 years in prison

Texas Domestic Violence Statute of Limitations

In Texas, Domestic violence, or domestic assault, is a misdemeanor, which puts the statute of limitations at two years. A charge of continuous violence against the family charge is a felony, the statute of limitations is bumped to three years.

Common Mistakes People Make When Facing Domestic Violence Charges

  • Not Taking the Charges Seriously: Some individuals may underestimate the severity of domestic violence charges, assuming they will be easily dismissed. This can lead to complacency and a lack of preparation.
  • Failing to Seek Legal Counsel Immediately: Waiting to hire an attorney can compromise your defense. Early legal intervention is crucial for gathering evidence, preparing a strategy, and protecting your rights from the outset.
  • Violating Restraining Orders: Ignoring or violating a restraining order can result in additional charges and complicate your defense. Always comply with the terms of any restraining order in place.
  • Communicating with the Accuser: Directly contacting the accuser, whether to reconcile or discuss the case, can be detrimental. Such actions can be used as evidence against you and may violate restraining orders.
  • Not Understanding the Legal Process: Many defendants are unaware of the legal procedures and court requirements involved in domestic violence cases. A lack of understanding can lead to missed deadlines and procedural errors.
  • Posting About the Case on Social Media: Sharing information about your case or your accuser on social media can be used as evidence against you. It is best to refrain from discussing the case publicly.

How an Attorney Can Help You Avoid These Mistakes

An experienced domestic violence attorney navigates the complexities of your case and helps avoid common pitfalls. They can provide critical legal guidance from the very beginning, ensuring you understand the gravity of the charges and the importance of timely and strategic action.

Attorneys can prevent inadvertent violations of restraining orders and advise against communication with the accuser, safeguarding your legal standing. By managing procedural aspects and court requirements, they help avoid missed deadlines and procedural missteps.

Moreover, an attorney can offer counsel to clients on the dangers of social media postings related to the case, preventing potential self-incrimination. Ultimately, a skilled attorney works to minimize the long-term consequences of a domestic violence conviction by employing a robust defense strategy tailored to your unique circumstances.

Facing Charges? Schedule Your Consultation Today

Our founder and Kerrville domestic violence Attorney Patrick O'Fiel is a fifth-generation Texas lawyer. Our firm has a proven reputation in the local community and has handled countless successful cases for clients facing difficult situations. When you need protection from domestic violence allegations, retain our defense lawyer as soon as possible.

If you are facing charges for domestic assault in Kerrville, contact The Law Office of Patrick O’Fiel, P.C. at (830) 331-5977 for a case review today.