Texas domestic abuse laws can lead to frivolous allegations

June 01, 2013 (Press-News.org) Although being accused of engaging in criminal activity is never a pleasant accusation, there are certain crimes that carry more stigmas than others. Such crimes include those in the realm of domestic violence.

Given the close relationship of the alleged perpetrator and victim in domestic violence accusations, there is an ever-present presumption that the alleged perpetrator lacks all respect for the other party. Consequently, domestic violence allegations are often the most difficult to deal with.

There are many instances in which an individual is responsible for the acts leading to a domestic violence allegation. However, there are also instances in which such claims are fabricated by an irritated party. The broad nature of the Texas laws governing domestic violence violations make it important for individuals to know their rights when defending a domestic violence charge.

Texas' domestic violence laws

Like in many other states, the Texas laws regarding domestic violence are quite broad. For instance, in Texas, domestic violence charges are not only applicable to spouses or other partnership type relationships. Domestic violence charges are also applicable when the two parties are related by blood or affinity, reside in the same household or are in a dating relationship.

Moreover, Texas laws are also quite broad in terms of what actions rise to the level of a domestic violence charge. Under the applicable Texas statute, a domestic violence charge can result from any situation that causes bodily harm, any threat to cause imminent bodily injury, or even from any physical contact that an individual may reasonably expect to be viewed as offensive or provocative.

Unfortunately, the all-inclusive nature of the applicable Texas laws makes it almost too easy for a party to make a claim of domestic violence. As a result, innocent persons are often faced with false allegations.

Several different defenses are available in domestic violence proceedings. A common defense is that of self-defense. In order for a defendant to successfully rely on this defense, the defendant must prove that he or she reasonably believed the force they exerted was necessary in order to protect himself or herself against the unlawful force of the alleged victim.

Defending the rights of the accused

The broad nature of the Texas laws defining domestic violence makes it almost too easy for a situation to rise to the level of a domestic violence charge. Such an allegation cannot only impose serious penalties upon the accused, but it also carries a severe stigma.

An individual charged with a domestic violence allegation should contact an experienced criminal defense attorney. An experienced attorney will not only discuss all possible defenses, but will work hard to get the case dismissed.

Article provided by Gray Granberry & Jones, Attorneys at Law
Visit us at www.texascrimelawyers.com