When a dispute with a family member or a significant other turns violent, a person can be charged with Assault Family Violence (referred to by many as domestic violence). Assault Family violence is usually a misdemeanor unless the person charged has a prior conviction, there are serious injuries, or there is an allegation of choking, in which case the case is a felony.
In cases of family violence, the person charged may be the subject of a protective order, meaning the person may be prohibited from contacting the alleged complaining witness, or going close to the home, work, or other place associated with the complaining witness. It is very important that a protective order is strictly obeyed. Failure to obey a protective order could lead to a person’s bond being revoked (in which case the person charged would be taken into custody until a new bond is set and posted) or even a new charge for violation of a protective order under Texas Penal Code 25.07.
It is critical that a person charged with Assault Family Violence hire an experienced criminal defense attorney like Jose Ceja to defend his or her case. Generally, the first step to defending this charge involves gathering the evidence and understanding exactly what the accusation is. Armed with that information, attorney Jose Ceja will conduct his own investigation, which can include talking to witnesses or the complaining witness, and subpoenaing additional pieces of evidence.
Unlike many offenses, in Texas, a conviction Assault Family Violence can stay on your record forever, and not be sealed (aka “non-disclosure”) even if you successfully complete a deferred adjudication. This is one reason why it is critical to do whatever is possible to obtain a dismissal or an acquittal.
Jose Ceja has successfully handled over one hundred Assault Family Violence cases and has a high percentage of dismissal or acquittals at trial. If you or someone you love is accused of Assault Family Violence, contact Jose Ceja for a free consultation.