Austin Domestic violence law as well as the phrase “domestic violence” usually refers to crimes relating to domestic abuse, including child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn’t just physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse, partner, or a date uses to control someone else behavior.
The abuse can be aimed against anyone: kids, former partners, roommates, and parents, but it is most typically directed towards females.
Domestic violence is a crime in all of the fifty states. Still, in addition to cooperating with the prosecution of criminal charges, the victim of Austin domestic violence can certainly file civil charges.
Our Firm concentrates on defending Domestic Violence cases throughout Austin.
In case you or someone you love has been charged with an Austin domestic violence offense (often known as DV, Intimate Partner Violence, or even IPV), you can certainly call on our firm without doubt.
Anytime things are at their worst, the criminal defense attorneys at our firm really are at their very best.
With offices in Austin our company is readily available to fight for you in any state court house.
Probably the most important is always that the criminal defense attorneys of our firm care sincerely with regards to doing right by their clients, and also delivering client satisfaction and also final results that go over all of the expectations.
Austin domestic violence charge may be a devastating experience to anyone.
It does not make a difference whether or not the incident was really a ordinary situation that spun out of control, a total misunderstanding, or a typical means of speaking between two people.
The time after the police arrest can be terrifying, given that the criminal justice system is quite confusing.
While the attorney will ultimately take charge of helping a defendant, the defendant can certainly play a role to enhance his or her chances of beating the criminal offense.
Immediately after the police arrest, there are lots of steps a defendant can take to make sure that his or her side of the story is heard.
Do You Seek Legal Assistance?
Seek the services of a skilled Austin Domestic Violence lawyer right away.
The defendant must try to look for a certified criminal defense attorney as quickly as possible after the arrest.
The attorney is going to go over the incident to make sure the very important points are included.
He or she will work to help straighten out the incident and get to the bottom of exactly what truly occurred, and then develop a strategy to obtain the best possible outcome for the defendant.
The lawyer’s first action would be to help the defendant navigate the bail hearing process as well as have the client outside of jail as soon as possible.
An experienced attorney knows the way to correctly communicate to the judge that the defendant have to be released on his or her own recognizance, or at least must have bail decreased from the bail schedule amount.
Not being imprisoned when your case is in trial is very valuable.
Benefits include the comfort of staying in your own home and far more importantly, getting limitless connection with your attorney.
Furthermore, your attorney could slow down the criminal process, which will help the accused, and this is certainly easier to do should the defendant is not in prison.
An expert Austin criminal defense attorney is able to help you throughout the release process, whether it involves release (release on your own recognizance), posting bail, or entering a Motion for the Reduction of Bail.
Investigation is important.
Immediately after the defendant has gotten out of jail or prison by being released on his or her own recognizance or bail posting, the Domestic Violence Lawyer Austin is likely to employ a skilled private investigator.
Private investigators are usually retired law enforcement officers or individuals with a similar training who work to figure out what actually took place in the alleged incident.
They can uncover facts and meet with witnesses to collect as much data as possible so the lawyer can develop an effective defense for his or her client.
Start writing notes.
Usually, the individual who has got the most precise recollection of the events surrounding a domestic violence incident will be the one whose account is believed.
After a while, memories fade plus details become hazy, so it will be very important for a defendant to jot down everything related to the event that he or she could recall.
No detail is insignificant and even these notes may make a big effect in the results of the trial.
After writing as much as possible concerning the event, the defendant have to deliver the writings to his or her lawyer for safekeeping.
Many domestic violence charges are based upon “He said, she said” claims.
The defendant should keep an in depth record of the events that happened, in addition to any documentation that may be necessary in order for the court to assess damages.
The lawyer as well as private investigator can obtain any records that deal with the event, like a copy of the police report, medical records, and the intimate partner’s medical records whenever possible.
The private investigator will photograph the scene where the incident occurred to get pictures of any property damage.
Other records, including repair bills for damaged walls, broken windows, and also vehicle damage may be relevant to the case.
A good attorney will do his or her best to gather all the evidence to support his or her client’s side of the story.
Our lawyers have several years of experience in defending Austin intimate partner abuse charges.
We receive ongoing education and learning in leading trial strategies and the most current case laws.
We’ll assist a defendant with all of the planning essential before trial, including collection and organization of notes and records.
A domestic violence conviction Austin is really serious, and an individual up against such a charge need to get a skilled legal professional.
Contact our firm today and also get in touch with somebody who can discuss your legal options.
Austin Domestic Violence Lawyer FAQ
Q: Can I file a domestic violence case against my abusive ex-fiance?
- A: You may want to file a civil domestic violence petition with the hopes of receiving a civil protection order restraining your ex-fiance from getting in touch with you. The challenge, however, is the fact that each and every state with a civil domestic violence statute has its own concept of what constitutes a “household” or “family member” for purposes of bringing a domestic violence action. Based on how these are defined in your state, you may not be thought of as a “household member” or perhaps “family member” to your ex-fiance.
Nevertheless even if your state does not include a fiance within the domestic violence laws, he may still be subject to the standard laws that prohibit violence.
Q: Do I have a civil rights case against my abuser?
- A: Quite a few years back, domestic violence litigation branched out into federal courts once the “Violence against Women Act” was put into law. Under this Act, you could bring a civil law suit against an assailant where the physical violence was gender motivated. In spite of this, on May 15, 2000, the United State Supreme Court declared this part of the Act unconstitutional, and so a federal civil remedy against your abuser is no longer available.
Laws and regulations for domestic violence differ from state to state. A local family lawyer can tell you to the laws where you live.
Q: How could I protect myself from a husband who abuses me? My good friend told me to go to the cops, and then someone else said to hire a lawyer.
Exactly what are my options plus how do I best protect myself and my kids from this abusive person?
- A: You have a number of options. Many states have got both criminal as well as civil domestic violence laws. You can contact the authorities to report the abuse. Your husband will likely be arrested and charged. Depending on the results of the legal court hearings plus if he is tried and found guilty, he may be put in jail. The judge will likely get a temporary protection order that prevents him from getting in touch with you, and possibly the kids.
As soon as you notify the authorities of the abuse, these people often have complete control over whether or not your husband shall be prosecuted or not.
A number of states have laws that permit you to file for a protection order without contacting the authorities.
A civil protection order will restrain your husband from contacting you, and possibly your children, and will give you temporary custody of your children.
It’s important to call an Austin Domestic Violence attorney to find out which laws apply to your situation.
Q: I have a protection order against my ex-husband, however , he goes on to call me and harass me. Exactly what can I do?
- A: The authorities have an obligation and the duty to enforce a protective order. In case your ex-husband is breaking that order, he should be arrested. Violation of the order is going to be either a contempt of court, or perhaps its own criminal act. Should it is a contempt of court, you will want the police report to assist you in bringing a contempt charge. If it is a criminal act, you will need the police to learn about the situation so they could implement the law. If you keep having difficulties with the local police, you might want to discuss your situation with a lawyer and also file something with the court.
Q: My estranged husband is constantly threatening to break into my apartment. Is he right whenever he says he won’t be arrested because we’re still married?
- A: Many states have got some type of law that neither spouse could be excluded from the other’s separate residence. But many of those states don’t apply the law where a crime has been committed (including trespass or even burglary). Depending on where you live, your husband can be arrested for trespassing and/or burglary if he enters your apartment without your permission.
Q: My husband abuses me and is not a U.S. citizen. Is he going to be deported in case I bring charges against him?
- A: The Illegal Immigration Reform and the Immigrant Responsibility Act permits deportation of non-citizens for domestic violence, child abuse, child neglect and abandonment, violation of a protective order and stalking.
Keep in mind that deportation can affect your ability to receive and/or get alimony and also child support.
It’s going to be extremely tough, if not impossible, to get support from a spouse who has been deported to another country.
It is very important for you to call an experienced lawyers to advise you on how to proceed on your domestic violence matter, because it is harder than the usual situation.