Domestic Violence Lawyer in New Braunfels

Accused of Domestic Violence in Comal County? Call Now

Domestic violence is a serious issue affecting many individuals and families in New Braunfels. Navigating these cases requires an understanding of Texas state laws and local procedures unique to Comal County. Domestic violence charges can range from misdemeanor assault to serious felony charges, potentially leading to significant legal consequences, including jail time and fines.

In New Braunfels, cases are typically handled by the Comal County District Attorney's office, where prosecutors are vigilant about pursuing domestic violence charges to protect victims. It is vital to have an experienced domestic violence attorney familiar with these nuances to ensure that your rights are protected throughout the legal process.

Speak with an experienced domestic violence lawyer in New Braunfels today. We offer affordable legal services and free consultations—call (254) 237-5602 or contact us online now.

Understanding Domestic Violence Charges in Texas

In Texas, "domestic violence" is not a standalone criminal offense. Instead, it is a legal classification that applies to certain criminal acts when committed against a family member, household member, or dating partner. This classification triggers enhanced consequences under Texas law. 

As your domestic violence lawyer in New Braunfels, we will ensure you have a clear and comprehensive understanding of what constitutes "family violence" and the precise charges you are facing.

Under Texas Family Code Chapter 71, "family violence" means:

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.
2. Abuse, as defined by certain sections of the Family Code, by a member of a family or household toward a child of the family or household.
3. "Dating violence" is also included, defined as an act committed against someone with whom the actor has or has had a dating relationship, with the intent to cause physical harm, bodily injury, assault, or sexual assault, or a threat reasonably placing the victim in fear of such harm.

Who Qualifies as a "Family Member" or "Household Member"? 

The law casts a wide net, extending beyond traditional familial relationships:

• Individuals related by blood (consanguinity) or marriage (affinity).
• Former spouses.
• Parents of the same child (regardless of marriage).
• Foster children and foster parents.
• Individuals who are current or former members of the same household (including roommates, regardless of gender).
• Individuals who have or have had a "dating relationship."

Common Criminal Offenses Classified as Domestic Violence:

When a criminal act is committed against someone defined as a "family member," "household member," or "dating partner," it receives the "family violence" label. The most common charges enhanced by this label include:

• Assault Causes Bodily Injury – Family Member (Texas Penal Code § 22.01(a)(1)): A person commits this offense if they intentionally, knowingly, or recklessly cause bodily injury to another.
• Assault by Threat or Offensive Contact – Family Member (Texas Penal Code § 22.01(a)(2) or (a)(3)): This involves intentionally or knowingly threatening someone with imminent bodily injury, or intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative.
• Assault – Family Violence by Impeding Breath or Circulation (Texas Penal Code § 22.01(b)(1)): This involves intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the person's throat or neck, or by blocking the person's nose or mouth.
• Aggravated Assault – Family Violence (Texas Penal Code § 22.02): If an assault (as defined in § 22.01) is committed against a family member and the person causes serious bodily injury to another, or uses or exhibits a deadly weapon during the commission of the assault.
• Continuous Violence Against the Family (Texas Penal Code § 25.11): A person commits this offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under § 22.01 (Assault) against a qualifying family or household member. The incidents do not need to involve the same victim, and a conviction for each prior incident is not required; simply that the conduct occurred.
• Violation of a Protective Order (Texas Penal Code § 25.07): If a person violates the terms of a court-issued Protective Order (e.g., by communicating with the protected person, going near their residence/work/school, or possessing a firearm), they commit a crime.

The specific nuances of each charge and the elements the prosecution must prove, particularly the definition of "family violence," make it imperative to have a seasoned domestic violence lawyer in New Braunfels on your side.

Penalties for Domestic Violence Convictions in Texas

Texas imposes severe penalties for domestic violence convictions, which are fundamentally enhancements to existing assault or other criminal charges. The classification depends on the underlying offense, the presence of aggravating factors, and prior convictions.

Misdemeanor Penalties

• Assault Causes Bodily Injury – Family Member (Class A Misdemeanor):
  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $4,000.
  • Probation: Possible, often with conditions like anger management, BIPP, or no-contact orders.
• Assault by Threat or Offensive Contact – Family Member (Class C Misdemeanor):
  • Fine: Up to $500 (fine only).

Felony Penalties

• Assault – Family Violence by Impeding Breath or Circulation (Third-Degree Felony):
  • Prison Time: 2 to 10 years in state prison.
  • Fines: Up to $10,000.
• Continuous Violence Against the Family (Third-Degree Felony):
  • Prison Time: 2 to 10 years in state prison.
  • Fines: Up to $10,000.
• Aggravated Assault – Family Violence (Second-Degree Felony):
  • Prison Time: 2 to 20 years in state prison.
  • Fines: Up to $10,000.
  • First-Degree Felony: If deadly weapon used and serious bodily injury caused (5 to 99 years or life in prison).
• Violation of a Protective Order (Third-Degree Felony): (for repeat offenders or with deadly weapon)
  • Prison Time: 2 to 10 years in state prison.

The severity and escalating nature of these penalties underscore the critical need for a strategic and aggressive domestic violence lawyer in New Braunfels.

What to Expect in New Braunfels Courts

Domestic violence cases in New Braunfels may be heard in the Comal County Courthouse, where specific procedures and protocols are followed. Our familiarity with the local court system allows us to guide our clients through every step with informed insights and strategic planning.

The court process can be stressful, but with our team by your side, you can expect detailed guidance and skilled representation designed to alleviate the burden and give your case the attention it deserves.

When attending court in New Braunfels, it is also important to be aware of the court's expectations regarding appearance and conduct. Professional dress and behavior can make a significant difference in how you are perceived by the judge and jury. 

Additionally, understanding the timeline and potential delays in court proceedings can help manage expectations and reduce anxiety. Our team at Milam & Fanning, PLLC prepares you for every aspect, ensuring you never face these challenges unprepared.

How We Help at Milam & Fanning, PLLC

At Milam & Fanning, PLLC, we offer a blend of personalized care and comprehensive resources, aligning with the strengths of both boutique and large law firms. We develop tailored legal strategies that address each client’s unique circumstances, ensuring meticulous preparation and attention to detail.

Our approach involves clear communication and collaboration. We work closely with clients to understand their situation, explain possible outcomes, and navigate the complex legal terrain confidently. This collaborative strategy has helped us secure favorable results and build lasting trust with our clients in New Braunfels.

Furthermore, we are committed to staying current with any changes in domestic violence laws or procedures within the New Braunfels jurisdiction. Whether we are defending you against charges or seeking justice as a victim, our team is dedicated to achieving a resolution that respects your rights.

Reach Out to Us Today

At Milam & Fanning, PLLC, we understand the gravity of domestic violence charges and their profound impact on your life. We are dedicated to providing comprehensive legal support tailored to your specific situation. Our team is here to help you traverse the complexities of the legal system in New Braunfels, offering clarity, strategic planning, and vigorous representation.

Contact us today at (254) 237-5602 to discuss your case in a confidential consultation. Let us help alleviate your stress and provide the guidance you need to face these challenges head-on. Your path to resolution begins with a single call.