Domestic Violence

Corpus Christi Domestic Violence Defense Attorney

When the police arrive in response to a domestic disturbance complaint in the Corpus Christi area, someone almost always leaves in handcuffs. You could suddenly face criminal charges, a restraining order, and the immediate risk of losing access to your home and children.

A Corpus Christi domestic violence defense attorney at Barrett Legal PLLC can stand between you and the power of the court. The defense team at Barrett Legal PLLC can fight aggressively and effectively to defend your rights, challenge the state’s evidence, and protect your future.

If the police arrest you or question you about an alleged domestic violence incident, don’t speak to police officers or sign any statements without a Corpus Christi domestic violence defense lawyer present. Call Barrett Legal PLLC at 361-542-4295 to schedule an emergency strategy session with our Corpus Christi criminal defense team.

Understanding Domestic Violence Charges

Texas law defines assault as recklessly or intentionally causing bodily injury to another person, threatening immediate injury, or making provocative or offensive physical contact that can include hitting, scratching, pushing, or grabbing, even if the contact leaves no cut, bruise, or injury.

What turns a basic assault into a family violence charge is the relationship between the perpetrator and the alleged victim. Texas defines family violence to include acts committed against a family member related by blood or marriage, a current or former spouse, or anyone living in the same household. The law also addresses dating violence.

When an assault is an act of family violence, a Texas prosecutor may ask the court to attach an affirmative finding of family violence (AFV) to the case. An AFV is a permanent designation that considerably changes the legal and personal consequences of an assault case, even if the case does not result in a conviction.

Consequences of a Domestic Violence Conviction

In Texas, a first-offense domestic assault involving injury is usually charged as a Class A misdemeanor. The penalty for a conviction is up to a year in jail and a fine of up to $4,000. The charge rises to a third-degree felony, punishable with a 2- to 10-year prison term, if the individual has a prior conviction for family violence or if the state claims the incident involved choking or impeding normal breathing.

An affirmative finding of family violence added to an assault case establishes these long-term and permanent consequences:

  1. Lifelong loss of firearm rights under federal law and severe firearm restrictions under Texas law.
  2. Ineligibility for sole or joint custody of your child or children after a divorce.
  3. Ineligibility to foster or adopt a child in Texas.
  4. A permanent record that cannot be sealed or expunged.
  5. Barriers to employment, housing, professional licensing, and the risk of deportation for non-citizen residents.

Texas courts also use a prior domestic violence case with an AFV to enhance any future family violence charge to a felony charge. 

Deferred Adjudication and Protective Orders

First-time offenders facing a domestic violence charge may seek deferred adjudication. During deferred adjudication, the court delays sentencing while you complete a period of probation, undergo domestic violence offender treatment, pay restitution, and perform community service.

If you satisfy all probation requirements, the judge releases you and dismisses the criminal charge without a conviction. But deferred adjudication can still carry an affirmative finding of family violence. The AFV keeps the record permanently accessible to the public because Texas law does not permit the sealing or expungement of any family law case records.

Purported domestic violence victims sometimes obtain protective orders from local civil courts. A temporary or emergency order of protection can order you out of your home, compel temporary financial support, and forbid all contact with your spouse or children. Violating the order is a criminal offense.

If you’ve been targeted by a protective order, a Corpus Christi domestic violence defense attorney at Barrett Legal PLLC can take legal steps to help you fight for your rights, but you must contact our firm immediately.

Preparing a Strong Defense

At Barrett Legal PLLC, we can launch an independent investigation of your domestic assault case to uncover what truly occurred. Our defense team can:

  1. Examine bodycam footage, police dispatch logs, and physical evidence.
  2. Obtain texts, emails, and voicemails that tell the full story and may expose false allegations.
  3. Locate and interrogate witnesses who can testify to your innocence.
  4. Assert a lawful self-defense claim.
  5. Expose financial or custody motives behind fabricated domestic violence allegations.

Why Should You Choose Barrett Legal PLLC?

Barrett Legal PLLC proudly represents clients across Texas, with offices in Corpus Christi, Abilene, Southlake, Beeville, Victoria, and Perryton. If you are charged with domestic assault, now or in the future, you deserve a vigorous, effective legal defense. Let us fight for you.

Contact a Corpus Christi domestic violence defense lawyer at Barrett Legal PLLC by calling 361-542-4295 to schedule your first legal consultation.