Family Violence

From the Law Office of Alison Grinter in Dallas, Texas

Definition

Texas Family Code § 71.004. FAMILY VIOLENCE.

"Family violence" means:
(1) 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;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.

Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
Amended by Acts 2001, 77th Leg., ch. 91, § 2, eff. Sept. 1, 2001.

Collateral Consequences

A finding of family violence, which is most often made after a person is convicted or placed on probation or Deferred Adjudication for an Assault charge, (but can also be made after a Protective Order has been granted against the person) has a number of consequences that go over and above the punishment that the defendant receives from the judge or jury.

Ban on possession or use of firearms or ammunition - Texas imposes a five year ban on firearm possession after the offender has served the court sentence, but the Federal Government imposes a lifetime ban on all firearm or ammunition possession or use.
Exclusion from Bonding - Texas imposes a lifetime ban on bonding for tradesmen and other skilled professionals. This can be a career killer for persons like plumbers, electricians, and other tradesmen who are bonded in their jobs. (This is not to be confused with bonding out of jail, which is unaffected.)
Immigration consequences - A finding of family violence can make any non-citizen deportable, can prevent a person from receiving resident alien status (a greencard), and earns a lifetime ban on re-entry. This is the case even if the defendant takes Deferred Adjudication and never receives a final conviction.
Loss of Spousal Privlege - Under normal circumstances, a husband can sometimes prevent his wife from taking the stand to testify against him (and the wife can do the same to block the testimony of the husband). This is not the case in a trial for Family Violence (or bigamy).
Enhancement - Any future charge of family violence assault or stalking will be enhanced and filed as a Third Degree Felony.
Possible Loss of license - For defendants with professional licenses (doctors, hairstylists, teachers, anyone required to be state-licensed) any criminal case can result in the loss of that license, and more often than not, determinations are made by individual licensing boards on a case-by-case basis.
No Expunction or Nondisclosure - A person who has been convicted of family violence assault will never be eligible to receive an order for expunction or nondisclosure.
Family Law Consequences - The texas family code provides harsh consequences for anyone who has been found to have comitted family violence.
- Someone who has been found guilty of family violence assault can never be the managing (or joint-managing) conservator of a child (TFC 153.004(a))
- Someone who has been found guilty of family violence assault is can be ordered to pay spousal maintainance (Texas's version of alimony) to the divorced wife regardless of the length of the marriage. (TFC 8.052)
- Visitation rights with any children will almost certainly be limited, and will very likely be supervised (See TFC 153.004(c))
- Adoption and Foster Care will be nearly impossible for the defendant after a finding of family violence is made or any conviction made final.