What is frequently called “domestic violence” on the news and in TV shows and movies is called “family violence” in Texas. Family violence is any violence that occurs between people who: (1) are related by blood or marriage; (2) live together in the same household; (3) are dating; or (4) have a child together. It also includes ex-spouses, ex-boyfriends and ex-girlfriends, and parents who are not together anymore. 

Frequently, individuals who come into my office facing family violence charges are also in the middle of a break-up, divorce, or custody battle. Sometimes the alleged victim will stop at nothing to get my client thrown into jail so the victim gets the upper hand in the family law case. Sometimes it’s just the opposite.  The alleged victim does not want to press charges and is willing to sign a non-prosecution affidavit. Many times, individuals think a signed statement means the prosecutor will dismiss the case right away or at the first court date.  It is almost never that simple. The prosecutor’s office knows that the alleged victim may change his or her mind.  The prosecutor is going to work hard to find a way to prove the case even if the alleged victim is reluctant or refuses to testify. There are certain rules of evidence that sometimes allow family violence cases to go forward even without the victim’s testimony.  If you are accused of family/domestic violence call immediately for your free consultation.