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The Right Houston Criminal Lawyer Can Make A Difference In Your Case
An arrest Violence (or for Houston Assault Family Domestic Violence) can be a
devastating experience to anyone. Whether the incident was a harmless situation that spun out of control, a gross misunderstanding, or a typical way of communicating between two people. The time after the arrest can be terrifying, as the criminal justice system is very complicated. Houston Assault Family Violence Lawyer Charles Johnson can make sure that your legal rights are protected. Attorney Johnson can determine whether police followed the proper legal procedures when arresting you and, when feasible, prove that the charges are unwarranted. Being charged with any form of domestic violence is a very serious matter. Not only may you face jail time or probation, many domestic violence cases involve restraining orders, meaning you may have to leave your house and your family immediately even if you own the house or pay the rent. In addition, a conviction or probated sentence that includes a finding of family violence will affect your right to possess any firearms or to obtain a hunting license. You are entitled to the best legal defense possible. Houston Criminal Lawyer Charles Johnson can deliver that defense for you. You can contact Houston Domestic Violence Lawyer Charles Johnson day or night, 24 hours/day 7 days/week and speak with him directly at (713) 222-7577. His Law Office is headquartered in Houston, with offices conveniently located in Dallas, Austin and San Antonio.
Common couple violence (CCV) which is not connected to general control behavior, but arises in a single argument where one or both partners physically lash out at the other. Intimate terrorism (IT) which can also involve emotional and psychological abuse. It is one element in a general pattern of control by one partner over the other. It is more common than common couple violence, more likely to escalate over time, not as likely to be mutual, and more likely to involve serious injury. Violent resistance (VR), which is sometimes interpreted as self-defense, is usually violence perpetrated by women against their abusive partners. Mutual violent control (MVC) which is a rare type of intimate partner violence that occurs when both partners use violence to battle for control. Situational couple violencewhich arises out of conflicts that escalate to arguments and then to violence. It is not connected to a general pattern of control. Although it occurs less frequently in relationships, and is less serious than intimate terrorism, it can be frequent and quite serious, even life-threatening.
Although domestic violence is sometimes explained as the result of the abuser losing control, many batterers do exhibit control over the nature and extent of their physical violence. They may direct their assaults to parts of their partners bodies that are covered by clothing so that any injuries will not be seen by others. Conversely, some batterers purposefully target their partners faces to compel isolation or to disfigure them so that no one else will want them. Batterers can often describe their personal limits for physical abuse. They may explain that while they have slapped their partners with an open hand, they would never punch them with their fists. Others admit to hitting and punching but report that they would never use a weapon. Domestic violence often gets worse over time. One explanation for this is that increasing the intensity of the abuse is an effective way for batterers to maintain control over their partners and prevent them from leaving. The violence may also escalate because most batterers experience few, if any, negative consequences for their abusive behavior. Social tolerance of domestic violence thus not only contributes to its existence, but may also influence its progression and batterers definitions of the acceptable limits of their abuse. Domestic violence is a pervasive problem in the United States as the statistics below indicate:
Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually. Intimate partner violence made up 20% of all nonfatal violent crimes against women in 2001. In 2000, 1,247 women and 440 men were killed by an intimate partner. In recent years, intimate partners killed approximately 33% of female murder victims and 4% of male murder victims. Access to firearms greatly increases the risk of intimate partner violence. Research suggests that abusers who possess guns tend to inflict the most severe abuse on their partners. Nearly half of all violent crimes committed against family members are crimes against spouses. Research indicates that 84% of spouse abuse victims are females, and 86% of victims of dating partner abuse at are female. Wives are more likely than husbands to be killed by their spouses; wives were about half of all spouses in the population in 2002, but made up 81% of all persons killed by their spouses.
Slightly more than half of female domestic violence victims live in households with children under age 12. It is estimated that between 3.3 million and 10 million children witness domestic violence annually. Fifty-six percent of women who experience any partner violence are diagnosed with a psychiatric disorder. Twenty-nine percent of all women who attempt suicide are battered; 37% of battered women have symptoms of depression, 46% have symptoms of anxiety disorder, and 45% experience post-traumatic stress disorder.
expectations about male behavior after drinking include boisterous or aggressive behaviors, individual men are more likely to engage in such behaviors when under the influence of alcohol than when sober. There is a pervasive belief that alcohol lowers inhibitions and a historical tradition of holding people who commit crimes while under the influence of alcohol or other drugs less accountable than those who commit crimes in a sober state. Historically, society has not held batterers accountable for their abusive behavior. They are held even less accountable for battering perpetrated when they are under the influence of alcohol. The alcohol provides a ready and socially acceptable excuse for their violence. Evolving from the belief that abusing alcohol or other drugs causes domestic violence is the belief that treating the chemical dependency will stop the violence. However, research indicates that when batterers are in treatment, the abuse continues and often escalates during recovery, creating more danger to the victim than existed prior to treatment. In the cases in which battered women report that the level of physical abuse decreases, they often report a corresponding increase in threats, manipulation and isolation. As noted earlier, domestic violence is often explained as a loss of control by the batterer. However, even when alcohol or other drugs are involved, the experiences of battered women contradict this view. Battered women report that even when their partners appear uncontrollably drunk during a physical assault, they routinely exhibit the ability to sober up remarkably quickly if there is an outside interruption, such as police intervention.
Of the 32.1 million nonfatal violent crimes that took place between 1998 and 2002, 30% of victims said the offender was under the influence of drugs or alcohol. An additional 29.2% indicated the offender was sober at the time, and 40.8% said they did not know. A larger percentage of family violence victims (38.5%) reported the offender was under the influence of drugs or alcohol during the incident than did nonfamily violence victims (28.9%). Offenders who abused their boyfriend or girlfriend were more likely than other types of nonfamily violence offenders to be drinking or using drugs. Four out of 10 (41.4%) offenders involved in violence with a boyfriend or girlfriend were under the influence of drugs or alcohol, compared to 26.3% of offend-ers involved in violence against a friend or acquaintance and 29.3% of stranger violence. Excluding the 19.5% of family violence victims who did not know whether the offender was under the influence of drugs or alcohol at the time of the incident, approximately 2.8 million victims of family violence were able to indicate whether the offender was or was not under the influence of drugs or alcohol. In nearly half the incidents, family violence victims reported the offender had been using drugs or alcohol at the time of the offense.
and are not sufficient, by themselves, to motivate batterers to stop their abuse. It is critical that any treatment plan for chemically dependent men who batter include attendance at programs designed specifically to address the attitudes and beliefs that encourage their abusive behavior. When abusive men enter substance abuse treatment programs, their partners are often directed into self-help programs such as Al-Anon or co-dependency groups. However, these resources were not designed to meet the needs of victims of domestic violence and often inadvertently cause harm to battered women. The goals of these groups typically include helping alcoholics family members to focus on their own needs, practice emotional detachment from the substance abusers, and identify and stop protecting their partners from the harmful consequences of addiction. Group members are encouraged to define their personal boundaries, set limits on their partners behaviors, and stop protecting their partners from the harmful consequences of addiction. While these strategies and goals may be very useful for women whose partners are not abusive, for battered women such changes will likely result in an escalation of abuse, including physical violence. Battered women are often very sensitive to their partners moods as a way to assess their level of danger. They focus on their partners needs and cover up for them as part of their survival strategy. These behaviors are not dysfunctional but are life-saving skills that protect them and their children from further harm. When battered women are encouraged to stop these behaviors through self-focusing and detachment, they are being asked to stop doing the things that may be keeping them and their children most safe.
This myth stems from a belief that men have the right to discipline their spouses for behavior that the man does not approve of. Most studies agree that mutual combat or provocation is not the cause of domestic violence. Indeed, verbal provocation, no matter how severe, should never be a justification for violence. The failure of a batterer to take responsibility for his violent behavior and the victims tendency for self-blame should not lead society to the same erroneous conclusions. In the overwhelming majority of cases, it is women who are being routinely and severely victimized by men. To be sure, abused men do exist and must be protected, but the incidents of husband and boyfriend battering are rare.
A woman often views the building rage in her partner as being directed toward her and internalizes the job of keeping the situation from exploding. If she does her job well, he will become calm; if she fails, it is her fault. A woman who has been battered over time knows that the tension building stage will aggravate, but denies this knowledge to help herself cope with her partners behavior. As the tension builds, he becomes more fearful that she will leave him; she may reinforce this fear by withdrawing from him to avoid inadvertently setting off the impending violence.
you could be facing up to ten (10) years in prison, as well as a fine up to $10,000.00. The penalties also increase if the violence is aggravated in any way with a weapon or if you cause an injury to a child. Depending on the circumstances, you may also be prohibited from contacting the complainant for an extended period of time, thereby preventing you from spending time with your loved one. Unlike most criminal offenses in Texas, you can never seal your criminal record if you are convicted of a family violence crime or accepted deferred adjudication with a finding of family violence. To avoid these significant penalties, it is critical that you contact the Charles Johnson Law Firm. He is skilled and experienced in these very sensitive cases. Defined in Domestic Violence Civil LawsFam. Code 71.004; 71.0021 Family violence means:
An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself Abuse, as that term is defined by 261.001, by a member of a family or household toward a child of the family or household
Dating violence
Dating violence means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself. Defined in Criminal Laws Penal Code 25.07 A person commits an offense if, in violation of a condition of bond set in a family violence case and related to the safety of the victim or the safety of the community, an order issued under article 17.292, Code of Criminal Procedure, an order issued under 6.504, Family Code, chapter 83, Family Code, if the temporary ex parte order has been served on the person, or chapter 85, Family Code, or an order issued by another jurisdiction, the person knowingly or intentionally:
Commits family violence or an act in furtherance of an offense under 22.011, 22.021, or 42.072 Communicates: o Directly with a protected individual or a member of the family or household in a threatening or harassing manner o A threat through any person to a protected individual or a member of the family or household o In any manner with the protected individual or a member of the family or household except through the persons attorney or a person appointed by the court, if the violation is of an order described by this subsection, and the order prohibits any communication with a protected individual or a member of the family or household
Goes to or near any of the following places as specifically described in the order or condition of bond: o The residence or place of employment or business of a protected individual or a member of the family or household o Any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends Possesses a firearm
Family violence, family, household, and member of a household have the meanings assigned by chapter 71, Family Code. Persons Included in the Definitions Fam. Code 71.0021; 71.003; 71.005; 71.006 Dating relationship means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:
The length of the relationship The nature of the relationship The frequency and type of interaction between the persons involved in the relationship
A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship. Family includes individuals related by consanguinity or affinity, as determined under 573.022 and 573.024, Government Code; individuals who are former spouses of each other; individuals who are the parents of the same child, without regard to marriage; and a foster child and foster parent, without regard to whether those individuals reside together. Household means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. Member of a household includes a person who previously lived in a household.
In the recent past, several factors have caused Domestic Violence to emerge as a distinction within the assault category. If a defendant and the alleged victim are spouses or former spouses, related by blood or marriage, reside or have resided in the same household or have a child or children in common; then any assaults would be categorized as Domestic. This distinction requires that certain federal statutes are triggered and the defendant shall no longer be allowed to own or possess a firearm. It is often mistakenly assumed by defendants, as well as victims, that the decision to prosecute lies with the victim. Many presume that if the two have reconciled then they may avoid prosecution by merely allowing the victim to inform the court or prosecuting attorney that they do not wish to prosecute or by simply not appearing in court in violation of the subpoena requiring their appearance. This naive assumption has led to many defendants failing to prepare a defense to the charges that may have otherwise been successfully defended. The prosecutor may insist that the victim testify and proceed without their consent. The victims cooperation with the defense is of course valuable in preparing for court and often in avoiding prosecution on a criminal offense. This must be utilized in conjunction with a strategy tailored around the specific facts and circumstances of the offense at hand, as well as parties involved. In order for this to occur it is essential that the defendant obtain legal representation and closely follow the advice of his or her counsel. Domestic Violence is a serious problem in this country. Certainly, however, anyone can understand that relationships are hard and with added stress from financial problems, work related stress and of course drug or alcohol addiction people may do things for which they are not proud. When charged with such an offense it is essential that an individual begin immediately preparing a defense which may include mitigating measures. These may include a drug and alcohol assessment, counseling, anger management training or even alcoholics or narcotics anonymous meetings. It is for this reason that a consultation with an attorney experienced in defending these matters occurs prior to proceeding to court.
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While every case is different, one thing remains the same. It is absolutely essential to be represented by a good criminal defense lawyer with specific experience handling domestic violence cases. While domestic violence is a very real and terrible occurrence in this nation, it is a sad truth that there are those who will accuse another of this crime when no such violence has occurred. It is not an uncommon happening for someone to pick up the phone and accuse a spouse or significant other of domestic violence out of jealousy, anger or to gain the upper hand in a legal issue, such as a child custody suit. Once the charge is made, however, even if they immediately regret it and wish to take it back, it is out of their hands. The accused will be submitted to the embarrassing and frightening situation of a criminal case and will have to work tirelessly to protect their rights. If you or a loved one have found yourself in a situation such as this, you should not hesitate to secure the legal assistance that you deserve.
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Original article may be found at: Arrested for Assault Family Violence? The Right Houston Criminal Lawyer Can Make A Difference In Your Case Houston Lawyer Charles Johnson can be reached 24 hours a day, 7 days a week. Call us at 713-222-7577 or toll free at 877-308-0100. Major Credit Cards Accepted. Houston Lawyer Charles Johnson Solving Problems...Every Day http://www.houstonlawyer.com 815 Walker Street #1047 Houston, TX 77002 E-Mail: charlesjohnson@houstonlawyer.com Phone: (713) 222-7577 Toll-Free: (877) 308-0100 Map to Office
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