Marriage, relationships, and even parenthood have never been simple responsibilities in life. However, in Texas, domestic violence is not tolerated, and several types of domestic violence are classified to protect its citizens, as an Arlington, TX family lawyer can explain.
Domestic violence is the use of force against another family member in a domestic situation. Domestic violence can include threats of violence, bodily injury, as well as anything that can cause physical harm to another. In these domestic violence situations, attorneys who are usually prosecuting must prove that this act of violence was intentional. Attorneys may also prove that the physical acts of the person were reckless and resulted in bodily injury of the plaintiff. Within Texas law, spouses are not the only people in the household protected. Anyone who shares a blood relationship or relationships such as foster children are protected. There are generally three types of classified domestic violence.
The first of these is domestic assault; this includes intentional or reckless harm, threatening someone, or engaging in an act that can cause another harm. In Texas, careless acts are considered to be any act performed without previous thought of the outcomes. If not previously charged with domestic violence, this first charge will be classified as a Class A misdemeanor. This misdemeanor can result in up to a year in jail as well as a $4,000 fine. If they do have previous assault charges, then the misdemeanor would become a third-degree felony.
Aggravated domestic assault is the second classification; the main difference between aggravated assault and domestic assault is the seriousness. Aggravated domestic assault is causing severe physical harm, regardless if it was intentional or accidental. The crime can also include the use of a deadly weapon during the attack. The seriousness is scaled by the harm caused to the individual, such as broken bones, permanent disfigurement, and head trauma. Aggravated domestic assault with a deadly weapon, as well as causing severe physical harm, is considered a first-degree felony.
The third and final classification is continuous violence against the family. The act classifies that a person who has two or more times engaged in conduct that causes physical harm to others. This classification is an amalgamation of both charges if they continue to occur rapidly in 12 months. It may also include violence committed against family previously that did not result in a conviction. Anyone who engages in the act of continuous violence against the family may face a third-degree felony conviction.
As can be seen, there are severe consequences if someone found themselves facing a domestic violence conviction. All three classifications of domestic violence are in place in order to respond to the unfortunate possibility of hostility within a home.
Thanks to Brandy Austin Law Firm, PLLC for their insight into family law and changing the cycle.