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Domestic Violence

A domestic violence conviction carries heavy penalties and a negative social stigma. Typically, it applies to violent behavior against family members or spouses. Texas Penal Code refers to domestic violence as "family violence." The term is an umbrella for multiple assaultive offenses under Texas law.

Family challenges can be confusing and complex. However, law enforcement does not understand the intricacies of your family. They may arrest the person who the conflict is aggravated by. It is important that you understand what could happen in court.

If you or someone in your family has been accused of domestic violence, it is vital that you obtain legal representation.

McKinney Attorneys for Domestic Violence in Collin County

Domestic violence offenses can result in misdemeanor or felony charges. The penalties for these charges could range between large fines, probation, and even possible incarceration. It is crucial that you stay informed throughout the process of your case. An experienced attorney can update you on the upcoming proceedings and provide you with multiple legal options.

The attorneys at Law Offices of Richard C. McConathy are skilled in Texas criminal laws. Law Offices of Richard C. McConathy focuses on criminal defense and is always up to date with current legislation. We care immensely about every client. Our team will go to battle for your rights using all possible resources. Find an attorney who is knowledgeable and puts you first with Law Offices of Richard C. McConathy.

Law Offices of Richard C. McConathy accepts clients throughout the Collin County region and nearby communities including Plano, McKinney, Wylie, Murphy, Farmersville, and Frisco.

Do not wait another moment. Call us at (972) 805-8855, or simply submit an online contact form now.

Overview of Domestic Violence in Texas


Types of Domestic Violence in Collin County, Texas

Domestic violence, or family violence, covers a wide variety of offenses. The term is too broad to incorporate into one singular statute. The charge for a domestic violence offense can depend on different factors such as the suffering of the victim and prior criminal record. Some common examples of domestic violence offenses that occur in the McKinney area include:


Texas Definitions for Domestic Violence

Domestic violence is an act by a member of the family or household against another member of the family or household. The attack must incorporate the following elements:

  • It was intended to result in physical harm, assault, sexual assault, bodily injury; or
  • It was a threat that reasonably placed the alleged victim in fear of imminent physical harm, assault, bodily injury, or sexual assault.

The penalties for a domestic violence charge in Texas range from a misdemeanor to a felony. The highest offense level for a felony is a first degree felony. A first degree felony may result in between 5 and 99 years in prison. The following are some types of family violence and their adjoining definitions:

  • Dating Violence
    • Texas Family Code § 71.0021
      • An act, other than a defensive measure to protect oneself, by an alleged offender that is committed against an alleged victim or applicant for a protective order with whom the alleged offender has or had in the past;
        • An intimate dating relationship, or marriage; and
        • Did the act with intent to result in physical harm, bodily injury, sexual assault, assault; or
        • The threat reasonably placed the victim or applicant in fear of imminent physical harm, assault, bodily injury, or sexual assault.

  • Dating Relationship
    • Texas Family Code § 71.002
      • A relationship between individuals who have or have had a continuing romantic or intimate relationship. The existence of such relationships is determined by the length of the relationship, the nature of the relationship, the frequency of interactions, and the type of interactions between the parties involved.

  • Family Violence
    • Texas Family Code § 71.004
      • Family violence is an assaultive act that includes individuals related by consanguinity (blood relatives) or affinity (marriage or the spouse of one of the individuals is related by blood to the other person), individuals who are parents of the same child, foster children, and foster parents. The act must be intended to result in bodily injury, physical harm, assault, sexual assault, or any act that places the victim in fear of imminent physical harm.

  • Household
    • Texas Family Code § 71.005
      • A unit composed of persons living together in the same dwelling, without regard to whether they are related by blood or marriage.

  • Members of a Household
    • Texas Family Code § 71.006
      • A person who previously lived in the household. He or she does not have to be related by blood or marriage.

Additional Resources

Domestic Violence Unit – Visit the official website for the District Attorney for Collin County's (DA) website. See more information, provided by District Attorney Greg Willis, about the DA's domestic violence unit. Find more information regarding the Victim Assistance Division and resources for survivors of family violence.

Collin County Council on Family Violence – Visit the official website for the Collin County Council on Family Violence. Find more information regarding professional partnerships that catalyze for a sustained movement against family violence in Collin County.


Defense Lawyers for Family Violence in Collin County, TX

Have you or someone in your family been charged with family violence in the Collin County area? The first step is to gain trusted legal representation. You want an attorney who can advocate for you and understand your family challenges. Law Offices of Richard C. McConathy attorneys are compassionate and strategic with every case.

The attorneys at Law Offices of Richard C. McConathy are experienced in handling domestic violence cases throughout the greater McKinney area. We understand these charges are stressful. Our attorneys excel at formulating strong defenses for their clients. We want to help you move on through this process with little loss. Do not wait another moment. Call the attorneys at (972) 805-8855 today.

Law Offices of Richard C. McConathy has been recognized for legal excellence in the past.  Attorney Richard McConathy was awarded the Texas Monthly Rising Star in 2011 and the Super Lawyers Rising Star in the years 2012 and 2013. In addition, attorney Brian Bolton was awarded the Super Lawyers Rising Star in the year of 2011.

Find an attorney who puts you first. We accept clients charged with domestic violence at the Collin County Courthouse and nearby areas including Plano, McKinney, Frisco, Allen, and Murphy.

Schedule a free consultation today. Call us at (972) 805-8855 for legal representation with a seasoned criminal defense attorney.


This article was last updated on December 14, 2018.

 

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