A family violence allegation does not have to permanently keep a family apart. There are steps that can be taken in the first 24 hours to work toward getting a client back home.
The first thing a client should know in the first 24 hours after a family violence arrest is that there are steps that can be taken to work toward getting them back into the household and back with their family. The allegation does not have to permanently keep a family apart.
Barrera Defense represents people accused of family violence in Floresville, Wilson County, Atascosa County, Karnes County, and San Antonio. Our firm focuses solely on criminal defense, and we move quickly on bond conditions, protective order issues, and the underlying assault allegation itself.
See also Violation of a Protective Order, which covers what happens when a family tries to reconcile while an order is still in place.
Citation: Texas Penal Code §22.01(a)(1), (b)(2)(A)-(B), and (b-3)
Degree and classification: Base bodily-injury assault is a Class A misdemeanor. It is a third-degree felony under §22.01(b)(2)(A) when committed against a family, household, or dating-relationship victim as defined in Family Code §§71.0021(b), 71.003, and 71.005, with a prior conviction for a qualifying offense against such a victim, or under §22.01(b)(2)(B) when committed by strangulation or suffocation with no prior conviction required. §22.01(b-3) elevates it to a second-degree felony when both the prior-conviction and strangulation elements are present in the same offense.
Statutory language: A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, elevated to a felony under (b)(2)(A) or (B) by the family-violence relationship plus a prior conviction or strangulation, and to a second-degree felony under (b-3) when both are present together.