Domestic Violence - Criminal Defense

The term is used in family law matters to describe violence (either actual or threatened) which occurs within a family including physical, verbal, emotional, psychological, sexual, financial or social abuse. Domestic violence, also known as domestic abuse, spousal abuse, child abuse or intimate partner violence, can be broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, friends or cohabitation.

It is a crime for any person to cause any physical injury or harm EVEN if that person is a member or former member of your family or household. If the investigator is in your house, let him know if you, your child, or any other household resident has being injured. If you feel that you will be in danger when the officer leaves or later, you have the right to: "Ask the local attorney prosecutor (DA) to file a criminal complaint against the person committing family violence"; and "Apply to a court for an order to protect you (you should consult a legal aid office, a prosecuting attorney, or an experienced private attorney ). If a family or household member assaults you and is arrested, you may request that a magistrate's order for emergency protection be issued. Please inform the investigating officer if you want an order for emergency protection. You need not be present when the order is issued. You cannot be charged a fee by a court in connection with filing, serving or entering a protective order. For example, the court can enter an order that:

1.The abuser not commit further acts of violence;
2. The abuser not threaten, harass, or contact you at home;
3. Directs the abuser to leave you household; and
4. Establishes temporary custody of the children and directs the abuser not to interfere with the children or property.

When a family violence occurs and the officer appears at the scene, they will always arrest one person, regardless if this person is the aggressor or not.

Domestic violence is a violation of certain provisions of court-ordered protection - may be a misdemeanor or a felony depending on the injuries and allegations. If you are being charged with domestic violence, a warrant will be issued for your arrest. A bond will be conditioned, and you will have to appear in front of the judge. In the event you are arrested and no bond has been set, you can contact a private attorney to file an attorney writ bond for your release.
About this Author

Carla Starr is an Accountant with MBA in Management and Marketing Coordinator for Kent Starr Law Firm. is a Dallas law firm specialized in CRIMINAL DEFENSE, PERSONAL INJURY, INSURANCE DISPUTES, LANDLORD and EMPLOYER DEFENSE. Kent Starr, Dallas federal criminal attorney, handles state and federal cases ranging from drunk driving to murder.