The Woodlands Family Violence Defense Lawyer

The Woodlands Family Violence Defense Attorney

Family violence charges can be emotionally charged and life-altering for everyone involved. There are many reasons why allegations can come about, such as misunderstandings, heated arguments, or even deeply rooted family issues that need to be resolved. If you have been accused of domestic abuse, it’s crucial to understand your legal rights and options. The Woodlands family violence defense lawyer from Surginer Stewart PLLC can help.

At Surginer Stewart PLLC, we understand how sensitive family violence cases can be. It’s why we are motivated to ensure each of our clients has their rights protected from the very beginning. Our legal team approaches each case with discretion, compassion, and a deep understanding of Texas domestic violence laws. This combination of legal experience, education, and emotional intelligence guarantees your case is in good hands with us.

Understanding the Legal Definition of Family Violence in Texas

Many people are surprised to learn how broad Texas law truly is when it comes to defining what constitutes family violence. A charge doesn’t always require someone to be seriously injured physically. Sometimes, even just verbal threats or minor contact after a night out at Rose Rooftop or dinner at The Republic Grille, can lead to an arrest. Family violence includes:

• Physical harm or threats of harm against a family or household member
• Acts of emotional abuse, intimidation, or control
• Violence between spouses, dating partners, parents and children, or even roommates

Due to how wide the scope of this law is, misunderstandings can quickly escalate. For instance, in 2018, there were over 197,000 family violence incidents reported throughout the state of Texas. Sometimes this led to arrests happening before the facts were fully understood. This is encouraging news for anyone facing allegations they believe are not rooted in truth. They can gain assistance from a skilled criminal defense attorney and defend themselves in court.

Why You Should Take Charges Seriously, Even if No One Was Injured

Some people who have been accused of family violence believe the situation will resolve itself on its own. They may hope that the alleged victim will drop the charges. This is not a solid strategy to rest on. There are a few key things to keep in mind:

• Prosecutors can continue pursuing charges even if the accuser doesn’t cooperate
• A conviction can result in jail time, loss of gun rights, and a permanent criminal record
• Protective orders may restrict where you can live or who you are allowed to contact

1 in 3 Texans may experience family violence in their lifetime. That is a staggering figure to wrap one’s head around. Because of how prevalent this can be, law enforcement is trained to take these cases seriously. Sometimes this can lead them to jump to conclusions or ignore mandated procedures. When this happens, a defense lawyer can step in to point out any wrongdoings and have specific pieces of evidence dismissed.

How an Attorney Can Build You a Strong Defense

Having a skilled defense lawyer on your team can make a huge difference in the outcome of your case. In many instances, these cases boil down to conflicting accounts, emotional testimonies, and minimal physical evidence. When this happens, an experienced defense lawyer can:

• Review police reports for any inconsistencies or bias
• Interview witnesses and gather new evidence to support your own version of what happened
• Challenge any instances where your rights were violated, such as an improper arrest or search procedure
• Advocate for reduced charges, such as a diversion program or having your case dismissed entirely

In 2023, 205 Texans lost their lives due to intimate partner violence. It’s a real issue, but that doesn’t mean that every accusation is credible. When that happens, a thoughtful and thorough defense is essential to ensure you are not unfairly swept up in an effort to address the crisis.

FAQs

Q: How Much Does a Lawyer Cost for a Domestic Violence Case?

A: In The Woodlands, Texas, the total cost to hire a lawyer to represent your domestic violence case will vary based on how complicated your case is. Some attorneys charge by the hour, some charge a flat fee per service, while others work on a contingency basis. Be sure to ask about attorney fees upfront to ensure you budget properly.

Q: What Is the Statute of Limitations for Family Violence in Texas?

A: The statute of limitations for most misdemeanor family violence offenses is two years from the date of the alleged incident. However, if someone is being charged with a felony, such as an aggravated assault or continuous violence against the family, the seriousness of that allegation could extend the statute to three years or more. Be sure to speak with your defense lawyer about your case to ensure you are aware of the statute under which you are operating.

Q: How Can a Domestic Violence Case Be Dismissed in Texas?

A: A strong level of legal intervention can be critical if you wish to have a domestic violence case dismissed in Texas. Dismissals can occur if there is insufficient evidence, if the accuser recants and the prosecution lacks their own proof, or if there is any evidence that constitutional rights were violated. An experienced defense lawyer will be able to review the facts, challenge any weak evidence that may exist, and work to highlight case inconsistencies.

Q: Will a Domestic Violence Charge Affect My Ability to See My Children?

A: A domestic violence charge could impact child custody or visitation rights. It could also invite a temporary protective order that keeps you away from your kids until the case is closed. Judges tend to err on the side of caution when children are involved, so don’t take a temporary protective order as a sign you will lose your case. Rather, work with your defense lawyer to get the facts straight and fight for your rights to ensure you can keep seeing your children.

Contact The Woodlands Family Violence Defense Lawyer at Surginer Stewart PLLC Today

If you have recently been accused of family violence and are struggling to know what step comes next, contact our firm today. We are prepared to get started on your case and ensure no one takes advantage of your rights.