On Sept. 1, 2023, a new law extended the statute of limitations for Family Violence crimes in Texas. Prosecutors now have 3 years to file a misdemeanor case and 5 years to file a felony case. The time is measured from when the alleged act or acts of Family Violence occurred.
For defendants and their attorneys, this lengthier passage of time can make it more difficult to gather evidence and build a defense strategy. Many types of evidence fade or even disappear with time, including eyewitness accounts, videos, and images.
Read on to learn more about Family Violence in Texas.
What is the legal definition of ‘Family Violence’ in Texas?
The legal definition of “Family Violence” is set forth in Chapter 71 of the Texas Family Code, Section 71.004:
“(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 Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.”
Accused of Family Violence in Texas? What to do next
Whether the alleged Family Violence occurred yesterday or several years ago, there are steps you can take to protect your legal rights.
Follow any orders of protection. If you face charges of Family Violence, you may also have a protective order placed against you. Such orders can make it illegal for you to have contact with the alleged victim and perhaps other individuals, such as minor children in the home. An order of protection may also prohibit you from going to a certain location, such as a current or former residence.
Not adhering to an order of protection can bring forth additional charges and further complicate your case. It’s in your best interest to abide by these orders, until amended or revoked by a judge.
Avoid contact with the accuser. Even in the absence of a protective order, it’s still wise not to contact your accuser, even if they reach out to you first. Nothing good will come of you communicating with an individual who has accused you of a crime.
Don’t discuss the case publicly. Family Violence crimes carry a stigma that no one wants to be associated with. However, avoid trying to explain yourself or clear your name, whether that’s in person, in writing, or on social media. The only conversations you should have about your Family Violence case and accusations is with your attorney.
Defenses to Family Violence Charges in Texas
A lack of evidence. Unfortunately, some individuals will attempt to weaponize the legal system during a divorce, child custody dispute, or other disagreement. These individuals may present baseless claims that cannot be backed by evidence.
Police misconduct. Illegal conduct by law enforcement may be used as an affirmative defense. For example, if police conducted a search and seizure without a proper search warrant.
The accused acted in self-defense. Texas Family Code, Section 71.004, clearly states that Family Violence “does not include defensive measures to protect oneself.”
Statute of Limitations for Family Violence in Texas: FAQs
If you face accusations of Family Violence in Texas, you probably have many questions. These cases are often complex. The information below is meant to be a general overview of Texas law. The best source of legal information is an attorney who knows the specifics of your particular case.
Is Family Violence in Texas a felony or a misdemeanor?
Acts of Family Violence in Texas can result in either felony or misdemeanor charges, depending on the specifics of the case. Factors that can impact the severity of charges include:
- The defendant’s prior criminal record
- If a weapon was involved
- The nature of any injury
- The age of the alleged victim
Do ‘Family Violence’ laws pertain to unrelated roommates in Texas?
Yes. Section 71.005 of the Texas Family Code defines a “household” as “a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.”
What is a ‘statute of limitations’?
In criminal cases such as Family Violence, the statute of limitations is the timeframe in which someone can be charged. Under most circumstances, the clock starts ticking the day that the alleged offense occurred.
Family Violence Defense Attorney in Plano, Texas
Many law firms in Plano and throughout Collin County take on Family Violence cases, but few have a track record that can match Attorney Kent Starr. Attorney Starr is also happy to sit down with prospective clients and discuss similar Family Violence cases he’s handled, and what the outcomes of those cases were. This is all a matter of public record.
What sets Starr Law, P.C. apart from other firms, Attorney Starr is not a “plea bargain lawyer.” If taking your case to trial could result in the best possible outcome for you, he will do so.
There are too many lawyers out there who are eager to take on cases, but then too lazy or unmotivated to put those cases in front of a judge or jury. If you’ve met with other lawyers and have been told that the best you can hope for is a plea bargain, it’s time to contact Starr Law P.C. for your free consultation.
Just take a few minutes to watch and read through Attorney Starr’s client testimonials. Attorney Starr also has the added advantage of being a bail bond attorney, a service not all law firms have the financial resources to do. If you’re being held at the Collin County Jail, one phone call can secure your release and start your legal representation.
Resources
