The Texas Department of Public Safety (DPS) notes that the Texas Family Code defines family violence (which is the phrase used for domestic violence) as an act by a member of a family or household against another family or household member that has an intention to cause physical harm, bodily injury, assault, or a threat reasonably placing the family or household member in fear of imminent physical harm, and anybody facing a family violence charge will need domestic violence resources that can assist with their case. The total number of incidents, alleged victims, and alleged offenders all increased year over year, and 45.4 percent of incidents involved marital relations, 15.7 percent involved parental or child relationships, and 38.9 percent involved other family relations.
People between the ages of 20 and 24 were the most frequent victims and offenders in these cases, with 25 to 29 years of age being the second-most common. DPS also reported that 76.9 percent of family violence cases were simple assaults, 14.9 percent were aggravated assaults, and 8.7 percent were intimidation, with 54 percent of cases involving minor injuries, 42 percent involving no injuries, and only 4 percent involving major injuries.
Domestic Violence Resources in Denton, Frisco, Lewisville, Flower Mound, TX
Were you arrested for domestic violence or a family violence offense? Contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.
The Law Offices of Richard C. McConathy aggressively defends people accused of all kinds of family violence charges and knows how to help get these types of criminal charges reduced or dismissed. You can call (940) 222-8004 or contact us online for a free consultation so we can review your case and discuss all of your different defense options.
External Domestic Violence Resources Websites
Title 6, Chapter 25 of the Texas Penal Code — View this section of state law relating to criminal laws relating to family violence offenses in Texas. Crimes identified in this section of state law include bigamy Texas Penal Code § 25.01, prohibited sexual conduct under Texas Penal Code § 25.02, interference with child custody under Texas Penal Code § 25.03, agreement to abduct from custody under Texas Penal Code § 25.031, enticing a child under Texas Penal Code § 25.04, criminal nonsupport under Texas Penal Code § 25.05, harboring runaway child under Texas Penal Code § 25.06, violation of certain court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case under Texas Penal Code § 25.07, violation of protective order preventing offense caused by bias or prejudice under Texas Penal Code § 25.071, repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, indecent assault, stalking, or trafficking case under Texas Penal Code § 25.072, sale or purchase of child under Texas Penal Code § 25.08, unregulated custody transfer of adopted child under Texas Penal Code § 25.081, advertising for placement of child under Texas Penal Code § 25.09, interference with rights of guardian of the person under Texas Penal Code § 25.10, and continuous violence against the family under Texas Penal Code § 25.11. The chapter includes five misdemeanors and 21 felony offenses.
Texas Family Code — View the entire state law relating to familial relations in Texas. Title 1 concerns the marriage relationship, Title 2 deals with a child with regard to the family, Title 4 concerns protective orders and family violence, and Title 5 deals with the parent-child relationship and the suit affecting the parent-child relationship. You can also find information about the juvenile justice code and truancy court proceedings.
Texas Department of Family and Protective Services (DFPS) — Formerly known as the Texas Department of Protective and Regulatory Services, The Texas Department of Family and Protective Services investigates charges of abuse, neglect, or exploitation of children, elderly adults, and adults with disabilities. Use this website to learn more about child investigations, child services, and prevention tips. Also find information about adult protection and adoption and foster care.
TexProtects — TexProtects identifies as being the only nonprofit and nonpartisan organization in the state focused solely on the issue of child abuse and neglect. Its mission is to protect Texas children from the trauma of abuse and neglect and empower families to thrive through education, research, and advocacy. Use this website to learn about some of the organization’s initiatives, ways to take action, and recent reports.
Texas Council on Family Violence (TCFV) — The Texas Council on Family Violence is the only 501(c)(3) nonprofit coalition in Texas dedicated solely to creating safer communities and freedom from family violence. It claims that 6,113 victims were served by family violence programs every day in 2021, and only 10 to 25 percent of survivors of family violence will ever access services. The most recent statistics show that 183 women killed by male intimate partners in 2020 were the most in the past decade.
Domestic Violence Cases
Barron v. State, 03-11-00519-CR (Tex. App. 2013) — A jury found Gus Barron guilty of two assault offenses relating to the same altercation with a family member, deriving the two counts of the charge from separate paragraphs of an indictment made no reference to counts. Count I of the charge, a standard assault charge, alleged that Barron caused bodily injury to a family member by striking, grabbing, and throwing her with his hands, while Count II of the charge, a strangulation charge, alleged that Barron impeded the family member’s normal breathing by applying pressure to their neck and throat with his hands. After finding that Barron had a prior conviction, the jury assessed punishment at eight years’ of confinement for the assault charge and 16 years’ of confinement for the strangulation charge. In six issues on appeal, Barron contended that his convictions violated double-jeopardy prohibitions, the trial court erroneously admitted hospital records and expert testimony relating to victim behavior, let the state amend the indictment after the trial had already begun, and erroneously failed to instruct the jury on the lesser-included offense of misdemeanor assault. The Third District Court of Appeals of Texas in Austin sustained Barron’s double-jeopardy issue in part, reversed and dismissed his conviction for the standard assault charge, and affirmed his conviction for the strangulation charge.
Stevens v. State, 243 S.W.2d 162 (Tex. Crim. App. 1951) — The Court of Criminal Appeals of Texas reviewed this case in 1951 of a man convicted of bigamy and sentenced to two years in the state penitentiary. The man’s first marriage was deemed valid ceremonial marriage, but his second, or bigamous, marriage was “made to depend entirely upon circumstances claimed to be sufficient to constitute a common-law marriage.” The Court of Criminal Appeals stated that the facts showed that Stevens held out and introduced to other people as his wife, the woman alleged to be his common-law wife, introduced Stevens as her husband, they lived together, and the wife became pregnant and gave birth to a child. Stevens contended that the facts showed him guilty only of the crime of adultery, but the Court of Criminal Appeals concluded the facts showed a bigamy offense, and the judgment was affirmed.
Ellison v. State, 425 S.W.3d 637 (Tex. App.—Houston [14th Dist.] 2014) — Philip Wade Ellison was convicted of continuous violence against the family in separate indictments and adjudicated guilty of the offense. He was sentenced to five years for each offense, to run concurrently. His sole issue on appeal was that his double jeopardy rights were violated because the conviction in one cause number constituted a second prosecution for the same offense after the conviction that subjected him to multiple punishments for the same offense. The 14th District Court of Appeals of Texas in Houston sustained his issue. It affirmed the trial court’s judgment is adjudicating guilt in one cause number while vacating the trial court’s judgment on the conviction in the other cause number.
Hill v. State, 455 S.W.3d 271 (Tex. App.—Texarkana [6th Dist.] 2015) — Eric L. Hill was convicted of continuous family violence based on allegations that he had committed violence upon his girlfriend on three occasions within 12 continuous months. The charge alleged that he had committed violence once on February 22, 2013, and that there were two acts of violence committed by him on June 29, 2013 (one of which occurred at a club and another one on the same day in the apartment they shared). Hill was sentenced to serve 27 years in prison. Hill’s appeal contended there was insufficient evidence to sustain his conviction and that the jury charge failed to require the jurors to return a unanimous verdict, but the Court of Appeals Sixth Appellate District of Texas at Texarkana concluded that there was sufficient evidence to prove all three of the allegations and affirmed the judgment of the trial court.
Garcia v. State, No. 08-03-00382-CR (Tex. App. 2005) — The Eighth District Court of Appeals in El Paso affirmed the judgment of a trial court on August 25, 2005, in this case of a woman convicted of interference with child custody. She argued that the interference with the child custody statute was not applicable to her case because she was the sole managing conservator with legal custody of the child. The Court of Appeals overruled both issues she raised and affirmed the judgment of the trial court.
Schier v. State, No. 14-00-00841-CR (Tex. App. 2001) — The Fourteenth District Court of Appeals in Houston affirmed the judgment of a trial court on November 1, 2001, in this case of a man convicted of interference with child custody. Carl Schier argued that “the trial court reversibly erred in excluding as irrelevant and unfairly prejudicial his testimony regarding reasons why he did not timely return” the child to her mother in violation of a court order and “the trial court’s exclusion of the evidence was harmful because the court instructed the jury on the elements of the necessity defense.” The Court found that none of Schier’s testimony made it any more or less likely that there was an emergency situation that required him to act immediately and there was sufficient evidence that he committed at least part of the offense of interference with child custody by retaining the child in violation of the express terms of the order disposing of the child’s custody.
Find A Denton County Defense Attorney for Domestic Violence Charges | Law Offices of Richard C. McConathy
If you are facing domestic violence or family violence charges in Denton County, contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.
The Law Offices of Richard C. McConathy understands the complexity of domestic violence cases and works to help people overcome criminal charges in these cases so they can avoid lengthy prison sentences and significant fines. Call (940) 222-8004 or contact us online to arrange a free consultation so we can sit down with you and go over everything involved in your case.