San Antonio Domestic Violence Lawyers
Domestic violence charges require careful defense. Contact our experienced San Antonio domestic violence lawyers to protect your rights, and your reputation.
A domestic violence charge can seriously jeopardize your civil liberties as well as affect your family relationships, your rights in a family legal case, and your professional reputation. At Rush & Gransee, L.C., our San Antonio family violence attorneys are experienced in asserting the rights of our clients who have been accused of domestic violence. We will begin an immediate investigation into your case and begin building a compelling defense on your behalf. Police videos, police reports, witness statements, pictures and recordings of 911 calls need to be reviewed.
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Family violence charges may adversely affect your personal liberties, rights to your children, the right to possess a firearm, and your reputation. If you are facing domestic violence charges or believe that charges may be pending against you, do not wait to contact a San Antonio family violence attorney.
What is Domestic Violence?
Domestic violence is the intentional or reckless infliction of bodily injury against a family member or other individual with whom you have had a dating relationship, it can even cover someone if cohabiting. If you have been charged with assault against a spouse, girlfriend, boyfriend, child, parent or sibling, or even ex-spouses or someone you previously had a dating relationship with it is important to consult with experienced San Antonio domestic violence defense lawyers as soon as possible.
If you have previously been convicted of or placed on deferred adjudication for family violence, a second charge is a felony in Texas, and you can face substantial fines and imprisonment. If you are facing a second charge of family violence or assault, you need an experienced lawyer as soon as possible.
Emergency Protective Orders
After a family violence arrest, the court may issue an emergency protective order prohibiting you from contact with the victim. You will not even be able to be within a certain distance of the victim, and you may be prevented from entering your own home. Our criminal law attorneys may be able to assist you in seeking to lift or modify an emergency protective order to prevent you from facing additional criminal charges. In most cases the emergency protective order is temporary in nature and will expire on its own after a short period. Occasionally, the temporary protective order is made permanent after a formal court hearing.
Family violence cases may involve:
- Physical assault
- Sexual abuse
- Child abuse
- Parental abuse
- Spousal abuse
- Girlfriend or boyfriend abuse or even ex-boyfriend or ex-girlfriend
To be charged with assault, there does not need to be visible evidence such as bruises or blood.
The claimed victim must only assert that he or she was hurt. Many family violence cases involve mutual involvement in the dispute or false allegations, especially in divorce cases. Take immediate legal action to protect your rights.
In many cases the alleged victim did not want to press charges but only wanted the other party to leave so they can “cool down”. If the police are called and an allegation of pushing, hitting, shoving or biting is made it is likely someone will get arrested. Often the alleged victim wants to meet with the attorney representing the defendant to assist in getting the case dismissed. It is important that a lawyer representing someone charged with family violence know what the police’ position is before meeting the complainant. We will usually want to review the police reports, pictures, 911 recordings, and videos before meeting with the alleged victim. Occasionally we will have the cooperating complainant provide an Affidavit of Non-Prosecution.
An Affidavit of Non-Prosecution is simply a sworn statement that the Complainant or alleged victim doesn’t want the Defendant prosecuted for the alleged offense. After the case is filed it is the State’s case and the alleged victim’s decision on whether to proceed isn’t controlling; however, the prosecutor will consider the desires of the alleged victim. Factors considered by the prosecutor in whether to dismiss the charges of family violence may include; the criminal history of the defendant, the extent of the injury, witness statements, and whether they can prove the case without the assistance of the complainant.
Contact Us Today for a Free Consultation
Contact Rush & Gransee, L.C., today for an initial consultation or case evaluation with our experienced San Antonio domestic violence lawyers. We are aggressive in the defense of family violence and domestic abuse.