San Marcos Family Violence Attorney

Advocating for Your Safety and Justice with Compassionate Expertise

A family violence allegation can threaten your personal choices and freedom in ways you may and may not expect. It can work against you in family court, limit your ability to own firearms, or even force you to vacate your own home. 

It is important to recognize that family violence charges are not restricted to altercations involving a spouse. You may be charged with family violence for an alleged altercation with anyone living with you (including roommates), as well as other family members, significant others, and even former significant others. If you are facing a family violence charge in Hays, Comal, Guadalupe, or any of the other surrounding Counties, we encourage you to get in touch with The Law Offices of David C. Hardaway immediately. Our San Marcos family violence lawyers offer experienced legal guidance for people accused of these crimes. You will receive empathetic, personalized attention from beginning to end, and you can always expect honest, transparent communication along with dedicated, aggressive advocacy.

We always return calls within 24 hours, so call (512) 846-9966 or contact us online to schedule a free initial consultation today. Se habla español.

Advocacy for the Falsely Accused

Police officers are often called in the heat of the moment. Upon arrest, you will likely face an Emergency Protective Order that can restrict your ability to see loved ones and your children. It may also prohibit you from entering your own home. And yes, you may (and most likely will) still be prosecuted by the state even if your accuser feels regret for alerting the authorities or even if they change their story.

It can be exceptionally difficult to navigate these complex family violence cases. Fortunately, you are not alone. We will assist you with understanding your new reality, and we will provide a thorough and honest roadmap of what to expect moving forward. Our San Marcos family violence attorneys offer straightforward and practical legal advice to all of our clients, and we will not try to convince you to hire us if we do not believe it will benefit your case. With that said, if you do choose to retain our firm’s services, we will make every effort to mount the best possible defense in court. Our attorney’s criminal defense experience has given us the skills, knowledge, and resources needed to shape an effective case based on each client’s unique story and circumstances. 

Understanding Texas Family Violence Laws

Family violence charges may be pursued against a person who allegedly commits an assault against certain types of individuals.

“Assault” consists of any of the following acts:

• Intentionally, knowingly, or recklessly causing physical harm to someone else
• Deliberately threatening someone with imminent physical harm 
• Knowingly engaging in what would reasonably be considered offensive or provocative physical contact

Family violence charges may apply when an assault is allegedly perpetrated against the offender’s:

Under these definitions, you can face family violence charges even if you never physically harm someone else. Simply placing a qualifying person in a situation where they reasonably believe they are being threatened with harm can be enough to trigger family violence charges. You can also face family violence charges if you unintentionally cause physical harm to a qualifying person.

Aggravated charges could apply if the offense involves a “serious bodily injury” or the use of a deadly weapon. A serious bodily injury “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Continuous violence against the family is a third-degree felony that can be charged when someone has been involved in two or more family assault incidents within 12 months. The prior family assault incidents do not need to necessarily have led to arrest or conviction or even have been allegedly perpetrated against the same individual.

The consequences for even a Class A misdemeanor family assault conviction can be significant, even for a first-time offender. The penalties can include up to $4,000 in fines and up to a year of jail time. Our San Marcos family violence lawyers recognize what is at stake and can provide you the aggressive representation needed to protect your freedom and future.

What Are Possible Defenses Against a Domestic Violence Charge

Defending against a domestic violence charge requires a thorough examination of the facts, evidence, and circumstances of the incident. Potential defenses can vary but often include several key strategies. 

One common defense is self-defense, where the accused acted to protect themselves from immediate harm. If there is evidence that the alleged victim initiated the confrontation, this defense can be effective, especially when force used by the accused was reasonable and necessary for self-protection.

Another possible defense is false accusation. In some cases, domestic violence allegations may be exaggerated or completely fabricated due to relationship disputes, custody battles, or personal grievances. Evidence, such as text messages, emails, or witness statements, may be used to demonstrate that the accusation lacks credibility.

The lack of evidence defense can also be critical in these cases. The burden of proof rests on the prosecution to prove guilt beyond a reasonable doubt. If the prosecution’s case relies heavily on testimony without supporting physical evidence, this defense can challenge the validity of the allegations.

Mistaken identity is another possible defense, particularly when the incident occurred in chaotic circumstances or if there were multiple people involved. In some instances, proving that someone else may have been responsible can cast significant doubt on the prosecution’s case.

Contact Our San Marcos Family Violence Lawyer Today

At The Law Offices of David C. Hardaway, we are ready to help protect your rights against family violence allegations. We will take the time to understand the facts of your case and be transparent when discussing what our representation can do for you. Should you choose to hire our firm, we will make your case a top priority and get to immediate work on building a compelling defense.    

Get an honest assessment of your legal options today by calling (512) 846-9966 or contacting us online. Flexible payment options are available.