Domestic assault is, unfortunately, one of the most common types of assault in Texas. It is handled the same way that simple assault would be—unless it escalates to a situation involving a weapon, or unless someone is seriously injured—except it describes an incident between family members, spouses, or people who are dating.
Domestic assault in Texas requires one of these elements:
- Causing bodily injury to someone, either intentionally or recklessly, or
- Threatening another person with imminent bodily injury, or
- Intentionally causing unwanted physical contact with someone else.
Police do not need to see an incident happen to arrest a person for domestic assault; they just need to feel probable cause exists to believe that someone was threatened with a bodily injury. Additionally, bodily injury is not even something that needs to be visible. Someone could be arrested because the person who was allegedly assaulted could say that she felt pain.
In Texas, law enforcement has zero tolerance for domestic assault. Even if the victim decides she won't press charges, the state still can move forward with a criminal case—and probably will.
Once someone is charged for a misdemeanor or felony domestic assault in Texas, there's a good chance a protective order will be put into place to protect the victim. This legal order will limit contact between the alleged victim and offender; the judge’s specific order will determine what contact is forbidden.
Another thing some people don't realize is if they are convicted on domestic assault charges, they will not be able to possess a firearm for up to five years at the end of their sentence.
If you have been charged with domestic assault in the state of Texas, you need to have an outstanding criminal defense attorney on your side. To contact the Law Office of Walter Reaves, P.C., in Waco for a free consultation, call 254-296-0020.