Are you facing domestic violence charges in Fort Worth, Texas? If so, your freedom, reputation, and future could be at stake. Contact us today at (682) 777-3336 to speak with our Fort Worth domestic violence lawyers at Cofer Luster Criminal Defense Lawyers. We have extensive trial experience and can help you protect your rights.
Don’t assume you will be treated fairly by the criminal courts or that the truth will automatically prevail. The prosecution takes note when we are on the other side of the case. Because of our track record as aggressive, successful defense lawyers, we are highly rated by our clients and trusted within the legal community.
Contact our law offices today to speak with one of our domestic violence attorneys. We are here to provide trusted legal advice and assistance.
How Cofer Luster Criminal Defense Lawyers Can Help if I’ve Been Arrested for Domestic Violence in Fort Worth, TX?
Accusations of domestic violence can result in long-term, life-altering consequences. You could face significant fines, a lengthy prison sentence, and other punishments. The police and the prosecutor already believe you are guilty. Our attorneys at Cofer Luster Criminal Defense Lawyers will fight to protect your rights throughout the process.
When you hire our domestic violence defense lawyers, you can trust we will:
- Investigate your case and gather evidence to build a solid defense
- Work with the best forensic experts to challenge the evidence against you
- Develop a defense strategy that gives you the best chance of an acquittal
- Analyze your legal options and explain our basis for accepting a plea deal or going to court
- Aggressively represent you during each phase of your criminal case
Attorney Cody Cofer is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He and Attorney James Luster use their extensive knowledge of the criminal justice system as former prosecutors to benefit our clients. Our legal team is dedicated to protecting your legal rights and achieving the best possible outcome in your criminal case.
Contact our trusted criminal defense lawyers in Fort Worth, TX, today for a consultation.
Who Is Protected Against Domestic Violence in Fort Worth, TX?
If you injure someone, you could be charged with assault. However, if that person has a specific kind of relationship with you, the charge can constitute domestic violence.
Parties that are protected under the domestic violence statutes include:
- Your current or former spouse and their children
- Your child’s other parent
- A member of your family related by blood, adoption, or marriage
- Your parents
- Foster children
- Someone you live with
- A former or current romantic partner
- Someone you are currently or have dated
There are several domestic violence charges under Texas law. The specific charge depends on the circumstances surrounding the incident.
What is Domestic Violence?
Texas refers to domestic violence as family violence. The crime is codified in the Texas Penal Code. Domestic violence includes any violent act against a family member or a member of your household. It also includes violent acts committed against someone you are dating or were dating in the past.
Types of Domestic Violence in Texas
There are several charges you could face for family violence, including:
Fort Worth Misdemeanor Domestic Violence
Misdemeanor domestic violence is defined as:
- Recklessly, knowingly, or intentionally causing bodily injury or harm to someone, including your spouse
- Knowingly or intentionally threatening someone with imminent bodily harm or injury, including your spouse
- Knowingly or intentionally causing physical contact with someone when you know or should have reasonably known that the other person would have regarded the contact as provocative or offensive
If you have no criminal history of domestic violence, the charge is usually a Class A misdemeanor. The punishment is a fine of up to $4,000 and/or up to one year in jail.
Felony Domestic Violence Charges in Texas
You can be charged with a third-degree felony if you are convicted of domestic violence with a prior conviction on your record for family violence. You also face a felony charge if you strangle or choke someone as part of the violent act. The charge increases to a second-degree felony if you have a prior conviction and the act includes strangulation.
The penalty for a conviction of third-degree domestic violence is two to ten years in state prison and a maximum fine of $10,000. A second-degree felony has the same maximum fine but increases the potential prison term by up to 20 years.
Multiple Acts of Domestic Violence Within a 12-Month Period
If you continue to assault family members, you could face a third-degree felony charge. Continuous violence against family members occurs when you have committed two or more acts of domestic violence within the past 12 months.
It is important to note that a previous allegation of family violence counts against you for this charge, even though the prior offense did not result in an arrest or conviction.
Aggravated Domestic Violence Charges
The family violence charge can rise to aggravated assault if you assault a spouse, family member, or partner:
- While exhibiting a deadly weapon while committing the assault crime;
- Recklessly, knowingly, or intentionally cause serious bodily injury; or,
- Threatening them with bodily injury or engaging in conduct that the person finds offensive.
You can be charged with a first-degree felony if you cause serious bodily injury with a deadly weapon while committing an act of aggravated assault. The punishment for a first-degree felony domestic violence charge is a maximum fine of $10,000 and five to 99 years in state prison.
Violating a Protective Order in Fort Worth, TX
Violating a protective order is a serious criminal offense. You can also face criminal charges for violating a no-contact order while out on bond.
The first offense is a Class A misdemeanor, which carries up to one year in county jail and a maximum fine of $4,000. A second or subsequent violation increases the charge to a third-degree felony, which could result in up to ten years in state prison.
Defenses to Domestic Violence Charges in Fort Worth, TX
The police and prosecutors often side with the alleged victim in domestic violence cases. If there is any evidence that you assaulted a family member, spouse, or partner, you could be facing serious criminal charges.
However, there may be one or more effective and viable defenses to domestic violence charges. Our domestic violence attorneys develop a defense strategy that gives you the best chance of beating the charges. Potential defenses to family violence charges in Texas include:
- Acting in Self-Defense
You may be able to justify your actions if you were acting in self-defense or defending someone else. The court will review the evidence to determine if you were in imminent danger of injury or harm and if your actions were necessary to protect yourself or someone else.
- Lack of Evidence
Allegations of domestic violence and an arrest do not automatically lead to a conviction. The state must have sufficient evidence to prove beyond a reasonable doubt each of the legal elements of the criminal charges.
Our Fort Worth domestic violence lawyers may attack the credibility of witnesses, demonstrate that the evidence does not prove you guilty beyond a reasonable doubt, or direct the court to inconsistencies in the evidence.
- False Accusations
Some family members, partners, and spouses may file false allegations of domestic violence. They may do this for revenge or to gain an upper hand in family court. Our legal team thoroughly analyzes the victim’s statements for inconsistencies that could indicate they are making exaggerated or false allegations against you.
- Alibi
If you can prove through a credible source that you have an alibi for the time of the assault, that is strong evidence of your innocence. It is difficult to overcome a solid alibi for a criminal case. We can use eyewitness testimony, electronic records, surveillance video, and other evidence to support your alibi.
- Violations of Your Constitutional Rights
Regardless of your guilt or innocence, the police and the prosecutors must afford you the Constitutional rights you are entitled to receive. For example, if the evidence is obtained through an illegal search and seizure, we file a motion to suppress it because it was obtained by violating your civil rights.
- Challenging Forensic Evidence
The prosecutor may have fingerprints, DNA, hair, and other forensic evidence. Our lawyers work with leading experts in their fields to challenge the evidence. We question the evidence’s reliability and accuracy, chain of custody, and testing/storage procedures.
What is an Emergency Protective Order?
An Emergency Protective Order (EPO) is an enforceable order that the court can issue against a person accused of family violence. The order can be requested by various parties, including the alleged victim, their guardian, a prosecutor, or a law enforcement officer.
An EPO can prohibit someone from:
- Committing any further violence against the alleged victim, including harassing, threatening, or stalking them
- Communicating with the alleged victim or their family/household members
- Going within a certain distance of the alleged victim’s home or workplace
An emergency protective order in Texas can last anywhere from 31 to 91 days. It depends on the circumstances of the underlying offense. For example, if the defendant used a deadly weapon when committing assault against their spouse, the EPO will be effective for 61 to 91 days.
If an EPO has been issued against you, it’s essential to follow all the terms. Any violation, no matter how minor, could result in another criminal charge against you and derail your underlying domestic violence case.
How Can I Lift or Modify a Protective Order in Tarrant County?
You can request a Texas court to modify all or part of a protective order. The court will grant the modification if:
- The original EPO is unworkable;
- Modifying the order will not put the alleged victim at a greater risk of harm; and
- The modification will not endanger the victim or other people protected under the original order.
The exact procedure for modifying or lifting an EPO can vary. However, it often involves the defendant’s defense attorney speaking with the victim. The lawyer may obtain an affidavit from the victim outlining their agreement to lift the order. The attorney can then draft a motion, talk to the prosecutor, and attend a hearing with the parties if necessary.
It is best to seek legal counsel to ensure that you are following the proper procedures.
The Legal Process for Domestic Violence Cases
The process for a domestic violence case can be overwhelming. However, it’s helpful to understand all that is involved so that you can be better prepared for what lies ahead.
While all family violence cases are different, some of the steps may include:
- The Initial Report: The victim or a witness may report the alleged abuse to the police.
- Arrest: The police may arrest the alleged abuser if they have reason to believe that the victim has been hurt or is in danger.
- Protective Order: The victim may request an order of protection to keep the alleged abuser away from them and prevent any further violence.
- Prosecution’s Review: The prosecutor will review the law enforcement officer’s report and other evidence that was submitted regarding the family violence. The prosecution will then decide whether to proceed with formal charges against the alleged offender or to drop the case.
- Initial Court Appearance: If the prosecution decides to proceed with the case, the alleged offender must attend a hearing. A judge will inform the defendant of the charges against them and ask them for their plea. Bail may also be set at this time.
- Pre-Trial Process: During this phase, the prosecution and defense will exchange evidence, file motions as necessary, and negotiate. At this point, the parties may reach a plea agreement.
- Trial: If no plea bargain is reached, the case will proceed to trial, where each side will present its arguments.
- Sentencing: If the defendant is found guilty, the judge overseeing their trial will impose a sentence outlining their penalties.
The way your case proceeds may differ from the steps outlined above. However, this provides a general overview of the process. An experienced domestic violence attorney can help you navigate your case.
Schedule a Consultation With Our Fort Worth Domestic Violence Defense Lawyers
If you are charged with domestic violence in Texas, you need an aggressive Fort Worth domestic violence lawyer to protect your rights. At Cofer Luster Criminal Defense Lawyers, we fight to keep you free and out of jail.
Our lawyers are fierce trial attorneys. You can trust we will do everything possible to protect you from the consequences of a domestic violence charge. Call now for a consultation with one of our experienced criminal defense attorneys.
Fort Worth, TX Courts
- Municipal Court – 1000 Throckmorton St, Fort Worth, TX 76102, United States
- Tarrant County Court – 100 W Weatherford St, Fort Worth, TX 76196, United States
- Tarrant County Criminal Court Clerk – 401 W Belknap St, Fort Worth, TX 76196, United States
- Precinct 8 Court House – 3500 Miller Ave, Fort Worth, TX 76119, United States
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