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San Antonio Domestic Violence Lawyer

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San Antonio Domestic Violence Lawyer

If you are facing domestic or family violence charges or have been falsely accused of domestic assault in San Antonio, having a dedicated domestic violence attorney who can offer guidance and advocacy can be crucial. In addition to affecting your personal relationships, being convicted of domestic violence can have a negative impact on your future endeavors in employment, housing, and other professional opportunities. Attorney Ernest Acevedo III of Ernest Acevedo Law Group is an experienced San Antonio domestic violence lawyer, committed to helping you reach a solution that will better your future. Call our law office today at (210) 226-5656 to schedule a free consultation.

Ernest Acevedo Law Group, a family-run firm with over 45 years of dedicated service, was established in 1976 by former judge Ernest Acevedo Junior. Today, his son, Ernest Acevedo III, who gleaned invaluable experience by his side, leads the firm. Ernest, a graduate of Harvard Law School and a member of the Texas bar since 1994, has a rich history of advocacy. He held the presidency of the Mexican American Bar Association from 1997 to 1998 and later led the San Antonio Criminal Defense Lawyers Association from 2002 to 2003.

Since 1994, Ernest Acevedo III has fervently championed the rights of San Antonio residents. His commitment lies in safeguarding your legal and constitutional liberties while amplifying your voice. Reach out to Ernest Acevedo Law Group today at (210) 226-5656 for a free consultation. We empathize with your challenges and stand ready to guide you through this legal process every step of the way.

Why You Should Hire Ernest Acevedo Law Group to Help with Your San Antonio Domestic Violence Case

Facing domestic violence charges can be an extremely stressful and overwhelming experience. Expert attorney Ernest Acevedo III of Ernest Acevedo Law Group offers not only his deep understanding of law, but also vital emotional support during these trying times, while vigilantly protecting your rights.

The services provided by Ernest Acevedo Law Group include:

  • Expert legal advice
  • Thorough evaluation of the charges against you
  • Formulation of a robust defense strategy
  • Gathering strong evidence to bolster your case
  • Tireless advocacy in court aimed at achieving a favorable outcome

Because of the complexities involved with domestic violence cases, finding the right lawyer can seem daunting. In order to prove a case, a prosecutor must prove beyond reasonable doubt that the defendant committed this crime, and that the complainant suffered bodily injury.

Ernest Acevedo III is an experienced San Antonio Domestic violence lawyer who understands these situations and the delicate issues involved. Call our law office today at (210) 226-5656 for a free consultation. Attorney Ernest Acevedo III can help you with these criminal charges.

What Qualifies as Domestic Violence in Texas?

Understanding the scope of domestic or family violence is crucial for effectively addressing these incidents. In Texas, domestic violence encompasses crimes that take place within a family context, which may involve partners, blood relatives or household members. According to state law, family violence can extend to those related by marriage or biological connection and includes various familial ties such as between parents and children or amongst spouses.

A victim of domestic abuse in Texas may include:

  • Individuals married currently or previously
  • Joint parents regardless if they reside together
  • Foster families encompassing both children and guardians
  • Kin either through matrimony or consanguinity
  • Cohabitants past and present

This can also include people involved romantically whether presently engaged in a relationship or not.

The legal system in Texas also categorizes child maltreatment under the broader term of family violence.

Texas Law for Family Violence and Domestic Assault

The Texas Family Code, Chapter 71.004 defines family violence as an act by a family member or household member against another family member or household member 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. The law excludes the reasonable discipline of a child.

Texas Family Code Chapter 71 also includes dating violence in domestic violence charges. The law defines “dating relationship” as a relationship between two individuals who have a continuous romantic relationship, either past or present.

Domestic Assault in a Family Violence Case

According to the Texas Penal Code 22.01, Assault, it’s considered assault if the person intentionally, knowingly, or recklessly caused bodily injury to another, including the person’s spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse or 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.

In TX, Assault is classified as a Class A Misdemeanorthat is punishable by up to 1 year in jail or up to a $4,000 fine.

Aggravated Assault in a Family Violence Case

Texas Penal Code 22.02, Aggravated Assault, states that a person commits aggravated assault if the person commits assault as defined in Sections 22.01, in addition to the person causing serious bodily injury to the victim, including the person’s spouse; or uses or exhibits a deadly weapon during the assault.

In TX, aggravated assault is considered a felony of the second degree, and is punishable by 2-20 years in prison and up to a $10,000 fine.

Continuous Violence Against The Family

According to Texas Penal Code 25.11, Continuous Violence Against The Family, a person commits assault (as defined by Texas Penal Code 22.01) during a period that is 12 months or less in duration, and the victim is a family member, spouse, or any other relationship as defined by the Family Code.

In TX, continuous violence against family is considered a third degree Felony.

Navigating Domestic Violence Accusations in San Antonio

In San Antonio, individuals accused of domestic assault may face severe repercussions such as:

  • Being charged with a Class A misdemeanor with potential for a felony
  • Incarceration for up to one year
  • Monetary penalties reaching $4,000
  • Potential probation

To protect their rights and mitigate the impact on their lives, it is imperative that anyone facing accusations in San Antonio domestic violence cases consult with experienced lawyers without delay.

The Role of San Antonio Domestic Violence Attorneys

If you have been convicted or accused of domestic assault, spousal abuse, or any other family crime, finding the right domestic violence attorney is crucial. Domestic violence lawyers have experience handling cases involving family violence and are adept at handling the intricacies of these legal issues.

In instances where a alleged victim might hesitate to pursue charges, an experienced trial attorney with expertise in domestic violence matters becomes indispensable. They possess the skillset required to effectively negotiate with prosecutors, which could result in reduced penalties or even complete dismissal of charges.

Legal Strategies to Tackle False Allegations

Being accused of domestic violence falsely can be an incredibly distressing ordeal. An adept San Antonio domestic violence lawyer will concentrate on:

  • Crafting a strong defense to counteract these charges
  • Clarifying the evidence presented against their client
  • Ensuring adherence to all legal procedures
  • Prioritizing the interests of their client above everything else

It is imperative during such challenging times to seek out attorneys with expertise in domestic abuse matters, due both to their deep understanding of case intricacies and invaluable support.

What Are the Common Domestic Violence Charges in San Antonio?

San Antonio domestic violence encompasses various charges such as child endangerment, domestic battery, and assault, to the issuance of protective orders.

The ramifications of these cases can be substantial, potentially resulting in hefty fines and incarceration. The gravity of the consequences typically aligns with how severe the charges are.

Physical Abuse and Bodily Injury: Knowing Your Rights

Physical abuse constitutes a prevalent type of domestic violence, manifesting through violent acts that include kicking, punching, slapping, choking, pushing, and the hurling of objects. These actions can inflict bodily injury on individuals.

As someone who has endured physical abuse as part of domestic violence situations, it’s important for you to know that you have the legal right to protect yourself and seek professional help from those familiar with this area of law. Engaging with a knowledgeable attorney specialized in matters pertaining to domestic violence will ensure that they navigate you effectively through the complex legal system while safeguarding your personal rights.

Can Family Violence Affect My Divorce?

According to The Texas Family Code, Chapter 71, domestic assault, including continuous violence of spousal abuse, family assault, or any other physical contact that results in bodily injury to a person with relations listed in the Family Code can be anywhere from a class A misdemeanor all the way up to a first degree felony under Chapter 22 of the Texas Penal Code depending on the circumstances).

Assault is a serious crime, and can affect divorce proceedings. San Antonio domestic violence lawyers can help guide you on the steps you need to take in these situations. However, these charges can affect many aspects of your divorce, including:

  • Waiting periods
  • Emergency relief (possibility of a temporary restraining order (TRO) or emergency protective order)
  • Division of property
  • Spousal maintenance (Texas Family Code, Chapter 8)
  • Custody and time with children

Impact on Child Custody and Family Relations

In cases involving family violence, the consequences on child custody and family relationships can be profound. Consider these important factors:

  • A parent found guilty of domestic violence might lose their right to obtain custody of a child.
  • If there is evidence of past domestic violence, that parent’s visitation privileges could be restricted.
  • Offenses related to domestic violence hold considerable weight in proceedings within the family court system.
  • Such offenses are likely to influence decisions regarding who gets child custody as well as other aspects related to family dynamics.

When divorce or disputes over child custody arise, allegations of spousal abuse or domestic assault—whether unfounded or exaggerated—may impact the results significantly. Children embroiled in incidents pertaining to family violence may endure psychological distress. This suffering can extend from having been witnesses or victims themselves. They might also face additional stress by being asked for testimony concerning those violent encounters.

Understanding Protective Orders in Domestic Violence Cases

Under Texas law, there are three classifications of protective orders in the context of family violence.

  1. Temporary protective orders: Issued rapidly without the presence of the alleged abuser to offer immediate protection for a duration that typically does not exceed 20 days but can be extended if necessary.
  2. Final (permanent) protective orders: These require a hearing with both involved parties presenting their cases and have an effective period lasting up to two years, subject to renewal based on court decisions.
  3. Magistrate’s emergency protection orders: Granted by magistrates when there is an urgent risk to victims, these provide short-term safety for anywhere from 31 to 61 days.

In instances where permanent protections are needed due to severe risks such as felonious acts linked with family violence or instances causing serious bodily injury inflicted by the abuser, Texas courts may extend final protective orders beyond their usual two-year limit.

Emergency protection ordered by a magistrate—often ensuing after arrests tied specifically to crimes like those involving family violence—ranges in validity from roughly one month (31 days) extending up until about three months (91 days), depending upon how grave the offense was deemed.

Can a Domestic Violence Conviction Be Expunged in Texas?

Expunction of a domestic violence charge or conviction under Texas law is difficult and only possible in certain situations, which include:

  • Instances where the accused has been wrongfully convicted
  • Cases involving arrests that are eventually dismissed
  • If there’s an acquittal by the court
  • When pardons are issued
  • Dismissals arising from procedural mistakes

Texas residents who have undergone community supervision or completed deferred adjudication on family violence cases cannot seek expunction for their records.

What is the Court Process For Domestic Violence Charges in Texas?

Following a domestic violence arrest in San Antonio, Texas, the individual charged will undergo a series of legal proceedings comprising:

  • Arrest
  • Grand Jury review (in felony cases)
  • Arraignment
  • Pre-trial motions
  • Trial
  • Sentencing (if found guilty or if someone accepts a plea bargain)

At the arraignment, which is their initial appearance before court, the accused will be officially informed about the charges and asked to enter their plea.

In preparation for trial, defense lawyers may submit pre-trial motions aiming to question aspects of the prosecution’s evidence against the accused. These can involve efforts to exclude certain evidence or compel disclosure regarding witness information and discovery.

Charged with Domestic Violence in San Antonio, TX? Our Domestic Violence Attorney Can Help

Should you find yourself confronted by domestic violence charges in San Antonio, Ernest Acevedo Law Group is prepared to step in and help. Attorney Ernest Acevedo III is a skilled domestic violence lawyer with ample resources available, and is equipped to offer the necessary assistance and direction through this difficult period.

Facing allegations or grappling with a restraining order can be daunting, but rest assured that Ernest Acevedo Law Group is committed to advocating for you and safeguarding your legal rights.

Why Chose Ernest Acevedo Law Group?

Navigating the complexities of domestic violence charges requires expert legal support. Ernest Acevedo Law Group, guided by the highly respected Ernest Acevedo III, provides just that. With more than three decades of defense experience and a proven history in trials, Ernest Acevedo Law Group stands ready to defend your rights and ensure fair treatment under the law.

Why Do I Need A Consultation?

Securing a complimentary consultation with Ernest Acevedo Law Group provides an opportunity for persons facing domestic violence concerns to discuss their situation in detail with an experienced San Antonio domestic assault lawyer. In this session, attorney Ernest Acevedo will offer insights into potential defense mechanisms, evaluate the specifics of the allegations, and deliver a preliminary assessment of your case.

What Happens in Your Free Consultation?

The purpose of this no-cost consultation is to foster a deeper understanding of both the legal procedures involved and how they apply uniquely to your circumstances. This first step aids in devising defenses that are specifically catered to your case while offering you space to address any uncertainties or questions you might have.

Schedule a Free Consultation With Our San Antonio Domestic Vilence Lawyer Today

If you have been accused, arrested, or falsely accused of domestic assault in San Antonio, you may be facing a class c misdemeanor (and even the possibility of up to a first degree felony). Domestic assault is a serious crime that needs the expertise of experienced domestic violence attorneys. You can contact our law office today at (210) 226-5656 to schedule your free consultation. Lawyer Ernest Acevedo III wants to help you navigate the complexities domestic violence can have in your life.

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