Domestic Violence & Assault Charges
Scott C. Smith is an experienced domestic violence attorney with over 20 years of experience helpings clients charged with assault, domestic violence, and family violence. These types of cases are very serious and must not be taken lightly. Finding the right domestic violence lawyer to aggressively defend against these accusations is crucial.
Allegations that are characterized as “domestic violence” usually involve charges of assault, though they may also encompass other charges such as harassment, interference with 911 calls, and criminal mischief. It is not unusual to see situations in which charges like these are filed even though all parties to the alleged offense desire that no charges be filed. This occurs because the prosecutors who file charges are not bound to follow the desires of the parties. It is also common for false charges to be lodged by one spouse or partner against another as a means of retaliation or to gain advantage in divorce proceedings. Scott C. Smith is a board certified criminal law specialist who has successfully defended hundreds of domestic violence cases and can often negotiate a dismissal of charges.
Domestic violence cases may be filed as either misdemeanors or felonies depending on the facts in each case. Accusations of serious bodily injury, use of a deadly weapon, strangulation, or prior convictions for assault family violence may result in a case being filed as a felony. In Travis County, most misdemeanor and felony domestic violence cases are filed in Travis County Court at Law Four which exclusively handles family violence cases and defendants charged with domestic violence. Our attorneys are very familiar with this court and can help you successfully protect your rights and defend your freedom.
If you are arrested in Travis County on suspicion of domestic violence, there may be several immediate consequences simply based on the arrest. The judge may require you to be assessed by Travis County Counseling and Education Service and follow their recommendations. There may also be an Emergency Protective Order which restricts contact with the complaining witness in the case and can prohibit you from returning home if you lived with them. Under Texas Code of Criminal Procedure Article 17.292(j), these emergency protective order can remain in effect for up to 61 days for misdemeanor accusations and 91 days for felony accusations. The complaining witness may also apply for a permanent protective order which can last for up to two years. It is important to talk with a domestic violence lawyer familiar with these obstacles who can advise you about the best course of action. If you or a loved one have been charged with assault or domestic violence, please feel free to contact us.