Austin Domestic Violence Attorneys
A domestic violence charge can upend your life, not just because of the possibility of imprisonment, but also because of the personal and professional problems. Domestic violence allegations are damaging, and on your own, you can’t control the fallout. But you’re not alone when you have us.
At Adamo & Adamo Law Firm, we’re domestic violence attorneys in Austin who know the complexities of these charges. You face high stakes when you face an accusation of committing violence against a member of your household. But your rights demand that you have an aggressive, thorough defense from an attorney you can put your faith in.
When You Need Austin Domestic Violence Legal Help
Texas law defines family violence broadly, and many different actions can result in serious criminal charges that carry lasting consequences for your future. These include the following:
Domestic Assault
Domestic assault charges happen when someone faces accusations of hurting a household member or dating partner on purpose or through careless actions. Texas Penal Code Section 22.01 treats these cases seriously, with penalties ranging from a Class A misdemeanor to a third-degree felony. The court considers the accused person’s history and how serious the incident was when determining charges. Actions that often lead to domestic assault charges include hitting, pushing, slapping, choking or making verbal threats of violence.
Strangulation Assault
Strangulation assault allegations involve claims that someone applied pressure to the throat, neck or mouth of a family or household member, blocking normal breathing or blood flow. This act can involve using hands, arms or objects to squeeze or compress these sensitive areas. Texas law treats these cases very seriously. Under Texas Penal Code Section 22.01(b)(2)(B), even a first offense counts as a third-degree felony, which can lead to two to 10 years in prison.
Harming A Minor
Texas Penal Code Section 22.04 makes hurting a child under 14 years old a crime. This applies when someone causes harm on purpose, knowingly or through careless actions. The law covers many different situations, from direct physical harm to failing to properly watch over a child. When someone knowingly or intentionally causes serious injury to a child, they face first-degree felony charges. These charges can lead to five to 99 years in prison or even life behind bars.
Child Endangerment Or Abandonment
Texas Penal Code Section 22.041 addresses child endangerment or abandonment claims. This law applies when someone allegedly puts a child under 14 years old at risk of physical or mental harm or leaves them without proper care. Texas law identifies several actions as potential child endangerment. These include leaving children alone in cars during hot or cold weather, exposing them to harmful substances or places where people make drugs, failing to get important medical help when a child faces serious health problems or letting a child see violent family conflicts that might cause emotional trauma.
Making Terroristic Threats
In Texas domestic violence cases, terroristic threat charges happen when someone allegedly threatens violence against a family or household member to make them fear serious injury. Texas Penal Code Section 22.07 defines this crime as making violent threats that aim to cause fear, trigger emergency responses, create public inconvenience or cause major disruption.
Stalking Behavior
Texas Penal Code Section 42.072 defines stalking as repeatedly following, harassing or threatening another person in a way that would cause them to fear for their safety. Texas treats stalking as a third-degree felony, carrying potential prison sentences of two to 10 years and large fines. The penalties become even more severe for people who have stalking convictions in their past.
Interference With Emergency Calls
Texas Penal Code Section 42.062 makes it against the law to stop someone from calling for emergency help. In domestic violence situations, this often occurs when someone takes away their partner’s phone, cuts off ongoing emergency calls, blocks access to phones or physically stops the person from reaching help during an argument or conflict.
Many of these cases do not come down to physical evidence but to the testimony of accusers. However, testimony is well known to be inconsistent and flawed. Holding your accusers to high standards of clarity during their testimony can build doubt in the case. And doubt is exactly what you need.
The standard of proof in any criminal case is beyond a reasonable doubt. Our goal is to introduce doubt into all of the evidence and testimony against you, which is not always simple to do. All evidence is up for debate. All testimony can be questioned. And that’s exactly how we work.
Steps To Take After An Arrest
When you’ve been charged with a crime and brought into custody, you may often feel like you recognize the situation you’re in. You may think this is just like TV, and you may even think you can just explain your side and leave.
Talking to police is the number one way that people find themselves in deeper trouble with the police. Police are not there to discover the truth of the situation. They are there to collect evidence and find ways to convict you.
The best thing you can do is to tell them you want a lawyer and you will exercise your right to remain silent. By doing that and then remaining silent until we arrive, you take control of the case against you. And we can begin fighting back.
Frequently Asked Questions About Domestic Violence Charges In Texas
Few things are as stressful as being charged with domestic violence. In Texas, cases move quickly, often leaving the accused unsure of what to expect after an arrest. Since accurate information can strengthen your legal position, we have provided answers to some of the most common questions we receive in Travis County.
Will I be able to go home after a domestic violence arrest?
In many situations, a person will not be allowed to return home immediately after a domestic violence arrest. Judges typically issue protective orders that bar the accused from going back to the residence if the alleged victim still lives there. In Travis County, these orders are routinely imposed at the outset of a case, which means returning home without court approval can lead to additional charges.
Speaking with an attorney as soon as possible can offer guidance. Our team can review the order, explain its restrictions and determine whether there are lawful options for modifying it.
How does a DV conviction impact a person’s ability to own a firearm?
A domestic violence conviction carries significant and lasting consequences for firearm ownership. Under federal law, even a misdemeanor conviction for an offense involving family violence can permanently prohibit a person from possessing or purchasing a firearm. The restriction applies regardless of how much time has passed. It can affect those whose work requires firearm access, including military personnel and security professionals.
A lawyer can take a closer look at the facts, the charging decisions and the available evidence to identify legal or strategic paths that could prevent a firearm prohibition from taking effect. This may include identifying viable defenses, negotiating for a reduction in charges or pursuing alternative resolutions that do not trigger the federal lifetime ban.
Is the victim able to drop DV charges after an arrest?
Once a domestic violence arrest occurs, the decision to move forward with the case rests on the prosecutor, not the alleged victim. In Travis County, prosecutors frequently continue with charges even when the complaining person expresses a desire to withdraw the allegation.
Because the case can proceed without the victim’s cooperation, it is essential to secure legal representation. Our attorneys can identify weaknesses in the state’s position and pursue strategies that prioritize a dismissal or reduction.
Why You Can Count On Us
We are experienced attorneys who work in Austin regularly. And we also know the depths of stress and difficulty you’re facing. We’re here for you, to treat you with respect and dignity as you confront these charges. We’ll stay by your side.
Call us at 713-338-2743 or send an email using this form to start taking back control of your life.
