What to Do If You Are Arrested for Family Violence in Austin, Texas - Three Important Tips
Getting arrested for family violence (also referred to as domestic violence) is a serious affair. You’ve probably spent the night in jail, you might be legally required to stay away from your home for a month or more, and you are no doubt stressed about the long-term ramifications of the assault charge.
In addition, the penalties of an assault family violence conviction – whether misdemeanor or felony – can be stiff. Depending on the details of your case and you criminal history, you may be facing:
Prison time
Expensive fees
Loss of job opportunities
Child Protective Services involvement
Loss of right to own or carry a firearm
Damage to your reputation
And more
However, what you do in the immediate time following your arrest can drastically impact the outcome of your case. It’s important to act smart, and to act fast. If you follow these three tips on what to do if arrested for family violence in Austin, Texas, you’ll have a much better chance of getting your life back on track, and sooner rather than later. The most important thing you can do is reach out to a qualified criminal defense attorney in Travis County, such as Chris Perri.
1. Document anything that could help your case.
The sad truth is that sometimes the wrong person gets arrested for the crime, and this is particularly common for family violence cases. Or maybe the situation is not as black and white as the justice system tends to paint. Domestic violence cases often involve complex relationship dynamics. They are rarely simple affairs.
What you can do to mitigate potential unfairness is document any evidence that could possibly help your case. For instance, if you have texts, voicemails, or emails that show threatening behavior from the other party, save them. Take pictures of any physical injuries you suffered from the altercation, and seek medical treatment if needed.
To be clear – do not make anything up or twist the truth, as this will only hurt your case – but do make sure you’re documenting details that could help prove your side of the story. Always remember: no matter what happened, you have a constitutional right to defend yourself.
2. Do not reach out to the alleged victim — especially if there is a protective order in place.
Maybe the alleged victim, also referred to as the accusing witness, is your wife, brother, girlfriend, or roommate. It is likely someone you know well, and it can be tempting to reach out to them directly to try and smooth things over, without police involvement. However, even if they wanted to, an alleged victim cannot rescind criminal charges. They are not the ones deciding to prosecute, and they no longer have control of the process — the state of Texas is prosecuting you, and they are now in charge.
Most arrests for family violence assaults require the defendant to stay away from the alleged victim for a certain period of time. This is called a protective order, though people often confuse this with a restraining order. In Texas, a restraining order is a term used in civil litigation, not criminal. You must adhere to this protective order.
We at Chris Perri Law understand that adhering to the protective order can be challenging, but keep your eye on the ball. Think long-term about your future. You don’t want to end up with additional legal charges, or worsen your case. If you want to get your future back, you must obey your bond conditions. Too often, people hurt their chances of case dismissal or reduction by contacting the alleged victim.
All that said, even if you do mess up here, the fight isn’t over. Just be upfront with your attorney, and they’ll do all they can to right the case.
3. Hire an expert Austin criminal defense lawyer like Chris Perri, who has extensive experience winning family violence cases in Texas.
At the end of the day, fighting a domestic violence charge is not something you can or should do on your own. You need an attorney who has a proven track record of helping people get the best possible outcomes. A skilled lawyer can guide you through the often confusing and unwieldy criminal justice system so you fully understand your options. For tips on selecting the best criminal defense attorney in Austin, click here.
With over 15 years of experience practicing criminal law in Travis County, Hays County, Williamson County, and throughout Texas, Chris Perri has helped countless clients facing assault charges win trials and avoid convictions. No matter the details surrounding your family violence case, Chris Perri is a compassionate and determined trial lawyer who will listen to your side of the story and fight zealously for your future.
To schedule your FREE consultation with Chris, call (512) 269-0260. Don’t wait—time is of the essence.