According to Texas Family
Code § 71.004 family violence is defined as:
(1) an act by a member of a family or household against
another member of the family or household that is intended to result in
physical harm, bodily injury, assault, or sexual assault or that is a threat
that reasonably places the member in fear of imminent physical harm, bodily
injury, assault, or sexual assault, but does not include defensive measures to
protect oneself;
(2) abuse, as that term is defined by Texas
Family Code Sections 261.001, by a member of a family or household toward a
child of the family or household means either physical injury that results in
substantial harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at variance with
the history or explanation given and excluding an accident or reasonable
discipline by a parent, guardian, or managing or possessory conservator that
does not expose the child to a substantial risk of harm; sexual conduct harmful
to a child’s mental, emotional, or physical welfare, including conduct that
constitutes the offense of continuous sexual abuse of young child or children
under Texas Penal Code § 21.02, indecency with a child under Texas Penal Code §
21.11,, sexual assault under Texas Penal Code § 22.011,, or aggravated sexual
assault under Texas Penal Code § 22.021; compelling or encouraging the child to
engage in sexual conduct as defined by Texas Penal Code § 43.01, including
compelling or encouraging the child in a manner that constitutes an offense of
traffiking of persons under Texas Penal Code § 20A.02(a)(7) or (8),
prostitution under Texas Penal Code § 43.02(b), or compelling prostitution
under Texas Penal Code § 43.05(a)(2); causing, permitting, encouraging,
engaging in, or allowing the photographing, filming, or depicting of the child
if the person knew or should have known that the resulting photograph, film, or
depiction of the child is obscene as defined by Texas Penal Code § 43.21, or
pornographic; the current use by a person of a controlled substance as defined
by Chapter 481, Health and Safety Code, in a manner or to the extent that the
use results in physical, mental, or emotional injury to a child; causing,
expressly permitting, or encouraging a child to use a controlled substance as
defined by Chapter 481, Health and Safety Code; causing, permitting,
encouraging, engaging in, or allowing a sexual performance by a child as
defined by Texas Penal Code § 43.25; or forcing or coercing a child to enter
into a marriage; or,
(3) dating violence, as that term is defined by Section 71.0021, means an act,
other than a defensive measure to protect oneself, by an actor that is
committed against a victim or applicant for a protective order with whom the
actor has or has had a dating relationship, or because of the victim’s or
applicant’s marriage to or dating relationship with an individual with whom the
actor is or has been in a dating relationship or marriage; and is intended to
result in physical harm, bodily injury, assault, or sexual assault or
that is a threat that reasonably places the victim or applicant in fear of
imminent physical harm, bodily injury, assault, or sexual assault. A “dating
relationship” is defined as a relationship between individuals who have or have
had a continuing relationship of a romantic or intimate nature. The existence
of such a relationship will be determined based on consideration of the length
of the relationship, the nature of the relationship, and the frequency and type
of interaction between the persons involved in the relationship.
Effects of Domestic
Violence Conviction on Life
The long term effects a family violence conviction have on a person's
daily life include some of the most profound consequences. These convictions,
in multiple ways, can affect many aspects of a person's daily life.
Examples of how a domestic violence conviction can affect a
person’s regular life include:
- You
cannot obtain a fishing or hunting license in Texas,
- Your
divorce or child custody proceedings could be adversely affected,
- You
may be unable to foster or adopt a child,
- If you
are not a U.S. citizen, you could lose your legal residence status,
- You
may be denied housing, and
- You may
be subject to the terms of either an Emergency Protective Order authorized
by the Code of Criminal Procedure, or a Protective Order
authorized by the Family Code.
Subsequent Offenses
Can Be Enhanced to Felony Charges
It is also crucial to know that after being convicted of
domestic violence or even successfully completing a deferred adjudication
probation, all subsequent domestic violence charges can be enhanced. Texas
Penal Code § 22.01(b) states that an assault offense under Texas Penal Code §
22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree
felony if the offense is committed against a person whose relationship to or
association with the defendant is described by Texas Family Code § 71.0021(b),
71.003, or 71.005, meaning dating violence, family, or household if it is shown
on the trial of the offense that the defendant has been previously convicted of
an offense under this chapter, Chapter 19, or Texas Penal Code § 20.03
(kidnapping), 20.04 (aggravated kidnapping), 21.11 (indecency with a child), or
25.11 (continuous violence against the family) against a person whose
relationship to or association with the defendant is described by Texas Family
Code § 71.0021(b), 71.003, or 71.005.
An affirmative finding of family violence on even a Class C
Misdemeanor could allow the state to file a subsequent family violence case as
a felony charge. Additionally, family violence charges cannot be expunged or
sealed from your permanent record, so the conviction or even completed deferred
probation will permanently tarnish your reputation for life.
Houston, TX Family
Violence Lawyer
If you were recently arrested for a crime of family violence
in the greater Houston area, you should quickly seek legal representation. Call
James G. Sullivan & Associates so you can have the best chance of possibly
getting your criminal case dismissed.
Our law firm understands family violence charges are extremely
personal in nature and knows how overwhelming it can be for a person to try and
resolve these problems on their own. We can be by your side throughout the
court process, and we review your case as soon as you call (281) 546-6458 to
schedule a free consultation.
Effects of Family
Violence Conviction on Work
In addition to the long term effects that domestic violence
convictions can have on a person’s daily life, there can also be an immediate
and negative impact on a person’s ability to work. People usually spend most of
their time in their daily lives at their workplace, and the impact a domestic
violence crime has on a career can be crushing.
A domestic violence conviction could result in some of these
possible consequences on work:
- You
could lose your current job,
- You
may not be eligible for public service positions,
- You
could lose professional licenses, and
- You
cannot own or possess a firearm, which may rule out employment in law
enforcement.
If you are unemployed, it is crucial to know that a domestic
violence conviction could affect your ability to find a job. The family
violence charge will show up on most background checks and some employers refuse
to hire a person because of such a conviction.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.
