Domestic Violence Attorney

My loved one was arrested for domestic violence, what do I do now? You need an experienced domestic violence attorney and you need one right now!! If you are looking for a domestic violence attorney, Erskine Law is one of the Austin area’s top domestic violence litigators. At Erskine Law, we never give up fighting for you. We work in Travis (Austin), Williamson (Round Rock) and Hays (Buda) Counties by appointment.

Call Erskine Law immediately: 512-294-1924.

      • Texas law takes domestic violence seriously. Domestic Violence, Family Violence and Dating Violence are generally lumped together under the term “domestic violence.” If you are involved in an assault where one of the other parties is a family member, roommate, or your boyfriend or girlfriend, it’s a whole different ball game. Make sure you have the right domestic violence attorney. 
      • Many Texans don’t realize that calling the police in the heat of a domestic dispute will probably result in someone being arrested. Responding officers frequently conduct sloppy investigations, jump to conclusions, and arrest innocent people for domestic or family assault.
      • Assaultive offenses generally include assault, battery, domestic (or family) violence, aggravated assault, and homicide. If you are charged or arrested for one of these crimes you need to consult with a domestic violence attorney in Austin as soon as possible. Erskine Law is well versed in assaultive offenses. Please note that the criminal laws in Texas involve a separate process when a juvenile is charged with a crime.
      • Hiring an experienced domestic violence attorney in Austin is critical after a physical altercation and arrest. All too often, arguments break out and quickly escalate. It happens between friends, roommates, family members, spouses, and complete strangers. When the situation turns physical, the relationship status between people involved, the criminal history of people involved, the seriousness of any resulting injuries, and the involvement of any choking or weapons can drastically affect what can happen if the police show up.
      • In many cases, the first person to call 911 is deemed the victim, regardless of what actually happened, and the first person to speak with an officer sets the narrative that shows up in the police reports.
      • This is especially true when it comes to allegations of domestic or family assault. Many times, busy police would rather separate the people involved by hauling one of them off to jail than take the time to perform a complete and thorough investigation.
      • False allegations in these types of cases can lead to several unfortunate consequences such as costs to get bailed out of jail, time spent away from work and family while going to court to fight the case—not to mention the humiliation of getting arrested in the first place and the cost of hiring an experienced domestic violence attorney in Austin.
      • “Well, the alleged victim wants to drop charges, so this should all just go away.” No, that’s not true. In these cases, the State of Texas is the one charging a crime and only a prosecutor has the power to dismiss the case. Prosecutors can, and often will, continue on with a case even without a cooperating witness.
      • The outcome of your assault case can be very different with the help of an experienced Austin assault attorney.
      • To set up a free consultation and discuss your case with an experienced domestic violence attorney in Austin, call Erskine Law at 512-294-1924.

What is an Assault?

  • An assault can occur if someone intentionally or knowingly:
  • causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative;
  • threatens another with imminent bodily injury;
  • causes bodily injury to another (can occur through reckless action).

What’s the worst that can happen?

  • The range of punishment for an assault depends on how the case is charged based on what a police officer tells a prosecutor. Examples include:
Offense Category Jail Time  

Fine

 

Simple Assault Class C Misdemeanor None  

$500

 

Assault w/ Bodily Injury Class A Misdemeanor up to 1 year county jail  

up to $4,000

 

Assault Family Member Class A Misdemeanor up to 1 year county jail up to $4,000
Assault Family Member with a prior 3rd Degree Felony 2 – 10 years prison up to $10,000
Assault Family Member w/ Choking 3rd Degree Felony 2 – 10 years prison up to $10,000

 

Assault w/ Deadly Weapon 2nd Degree Felony 2 – 20 years prison up to $10,000

 

Aggravated Assault w/ Serious Bodily Injury 2nd Degree Felony 2 – 20 years prison up to $10,000

 

Aggravated Assault Family Member w/ Deadly Weapon AND Serious Bodily Injury 1st Degree Felony 5-99 years or life in prison up to $10,000

What is the difference between a Protective Order and Restraining Order?

  • A Magistrate’s Order for Emergency Protection can be issued by a judge handling an accusation involving either sexual assault, assault on a family member, or stalking at the request of an alleged victim, a police officer or a prosecutor. This Protective Order can prohibit the arrested person from committing future assaults, as well as communicating (talking, texting, emailing, etc.) directly with the victim or through someone else in a threatening or harassing manner. These orders usually last for no more than 60 days. However, in many cases, Prosecutors also file for bond conditions, or “No Contact Orders,” prohibiting certain contact or communications that can last the duration of a pending criminal case. Additionally, through a Protective Order, the judge can order the defendant to stay away from the residence or job of the alleged victim. This condition typically causes the biggest problems for people dealing with this situation when they either live or work with the person accusing them. The judge can also order a GPS monitoring device to make sure the order is being followed.
  • Another common occurrence is a civil protective order filing, often done by the same prosecuting office accusing you of a crime.  If you have been served with a civil protective order filing, call us immediately. This order can be put in place for up to two years to protect a family member, spouse or ex, and/or children from acts of family violence or for life in instances of stalking or sexual assault. The judge can also order that you not be allowed to own guns! There does not need to be a criminal case for a judge to sign off and the consequences can still be severe.
  • A judge in criminal case can also issue a No Contact Order as a bond condition to protect the person that made an allegation. This type of condition is especially problematic for someone who has children with or lives with the alleged victim. If the defendant violates the order, the judge can revoke the bond, issue an arrest warrant and raise the amount of the bail after the defendant is taken back into custody—which results in more money spent and more time in jail for the defendant. This is why you need to call Erskine Law immediately at 512-294-1924.
  • Unlike the majority of Protective Orders, a Restraining Order comes from a judge in a civil court. There are orders that are temporarily in place while a divorce or child custody matter is pending, but they can potentially become permanent depending on the outcome of the case. The judge can even issue an emergency order without ever hearing both sides of the story. If you find yourself accused of committing family violence in a family case (e.g., divorce, child custody, etc.), you should speak with an experienced assault attorney in Austin about your situation. What happens in a civil court could end with you in deeper waters at the criminal courthouse.

What Happens If I Violate a Protective Order?

  • There are many ways that someone can violate a Protective Order. If it gets reported to the court, the accused could have to deal with any number of additional problems, including the following:
    • bond revoked on original case
    • going back to jail on an arrest warrant
    • paying for a new and higher bail
    • new charges for a misdemeanor or felony

As you can see, a lie or exaggeration about what happened during an altercation you are involved in could create a ridiculous amount of restrictions and problems for you. At Erskine Law, your assigned domestic violence attorney in Austin will thoroughly investigate and cross-examine whoever is accusing you of assault, domestic violence, stalking, sexual assault or violation of a Protective Order. Call now for a free consultation with a domestic violence attorney in Austin to begin preparing your best defense.

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