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Houston Domestic Violence Attorney
Domestic violence is a serious charge with severe consequences. If a Protective Order has been issued, you may not be able to return to your home or see your children. Being convicted of a domestic violence charge can result in incarceration and hefty fines. If you face these types of charges, secure legal representation that will work with you to create a fair and complete picture of events.
Domestic violence charges can take many forms, and they can include assault and battery, stalking, phone or email harassment, and domestic homicide. No matter what the specific allegation, it is essential to have an experienced attorney who will fight to protect your rights.
How to Challenge Inaccurate Assumptions
It is a sad reality, but sometimes domestic violence allegations are filed fraudulently by a spouse to get preferential treatment in custody or property division proceedings during a divorce. Unfortunately, police and the jury have a tendency to assume all domestic violence complaints are true, even if you say they are not. This culture creates a difficult situation for those falsely accused. Fortunately, a competent legal team can work to challenge these assumptions. This can be done several ways:
- In criminal cases, the burden of proof is on the accuser. Often, the most effective defense involves poking holes in the prosecution’s argument so it cannot adequately provide a body of proof.
- In the event of deliberately false accusations, we will search for inconsistencies in the accuser’s story and compare them to eyewitness accounts and police reports.
- If you claim self-defense, our team can work with you if you perceived an imminent threat to yourself or your children. This works best if you were not the initial aggressor.
If you have been charged with domestic violence, contact a domestic violence attorney at the Law Office of David A. Breston as soon as possible. We will go straight to work to uphold your rights and pursue the best possible outcome in your case.
What to Expect From a Court Proceeding
When you are charged with or falsely accused of domestic violence, it can be hard to know what to expect. With most criminal proceedings, there is a predictable series of steps:
- First court date/arraignment. In the state of Texas, misdemeanor cases are arraigned in county court, while felony charges are arraigned in District Court. You will be identified as a defendant, read the charges, and asked to enter a plea. Options for pleas are guilty, not guilty, or no contest. You should always enter a plea of not guilty, unless you have been advised otherwise by your legal representation.
- Plea bargain. If you enter a guilty plea, your attorney will typically attempt to bargain with the prosecutor’s office for a reduced sentence, community service, or dismissal of any additional charges.
- Preliminary hearings. If you are facing a felony charge, you will have to face a grand jury for indictment. In some cases, you may request a preliminary hearing to challenge probable cause.
- Trial and sentencing. If your case makes it to trial, you will be assigned six jurors in a misdemeanor case and 12 in felony cases. Remember: to be convicted, the prosecution has to convince every member of a jury beyond a reasonable doubt.
If you face sentencing, a judge will often take into account any remorse, personal history, or individual circumstances.
We know this sounds like a lot of information, and you may feel overwhelmed. At the Law Office of David A. Breston, we are committed to keeping you informed every step of the process. We are experienced at handling all types of domestic violence cases, and we will work to find the best outcome on your behalf. You can rely on us for quality legal representation and personal service at a reasonable rate. If you have any questions, contact us.