Experienced Domestic Violence Lawyer in Sherman, TX
Dedicated to Protecting You and Your Family’s Well-Being
At The John Nix Law Office, we understand cases are rarely cut-and-dried and that everything has a story behind it.
Get the Legal Help You Need
Domestic violence is a serious issue that can have lasting consequences for all involved. If you’re facing accusations or have been a victim of domestic abuse, understanding your rights is critical. The Law Office of John H. Nix is here to help you navigate this challenging time with legal support. As a trusted domestic violence lawyer in Sherman, TX, they provide the guidance necessary to protect your interests in court.
Understanding Domestic Violence and Texas Laws
Domestic violence, also referred to as family violence, involves physical, emotional, or psychological abuse between family members or people in close relationships. Texas takes domestic violence allegations seriously, enforcing strict laws designed to protect victims while holding offenders accountable. If convicted, these charges can result in severe penalties that impact many areas of life.
Texas law defines domestic violence under Texas Penal Code Section 22.01. It encompasses any intentional, knowing, or reckless harm toward a spouse, partner, or family member. This includes physical attacks, threats of violence, and emotional abuse. The law also recognizes aggravated domestic assault when serious bodily injury or use of a deadly weapon is involved, leading to harsher penalties.
For those accused, having a strong domestic violence defense attorney is crucial to navigating the complex legal system. They can help argue your case, challenge the evidence, and work toward minimizing or dismissing charges.
The Legal Process of Domestic Violence Cases in Texas
If you’re facing domestic violence charges, the legal process begins with an arrest or investigation. The alleged victim or a witness may report the incident, prompting law enforcement to step in. Even if the accuser decides to drop the charges, the state may still proceed with prosecution. Therefore, having a DV lawyer on your side from the outset is essential.
Once the case moves forward, a hearing will be held to determine if there is enough evidence to prosecute. During this phase, your domestic assault lawyer will gather evidence, challenge the prosecution’s claims, and prepare a defense. The process can involve plea bargains, court hearings, or, in some cases, trial by jury. Throughout this, your attorney will guide you, offering insights into the best steps to take for your specific case.
Timing and proactive legal action are key factors. Your lawyer will ensure all procedures are followed correctly, protecting your rights at every stage.
Types of Domestic Violence Charges and Penalties
In Texas, domestic violence charges can range from misdemeanors to felonies, depending on the severity of the act, previous offenses, and other circumstances. Here are common types of charges and associated penalties:
- Class C Misdemeanor: Usually involves threats of violence with no physical contact. Penalties may include fines of up to $500.
- Class A Misdemeanor: Involves bodily injury without severe harm. This can lead to up to one year in jail and fines of up to $4,000.
- Third-Degree Felony: If the offender has prior domestic violence convictions or if the incident caused serious injury, this can result in two to ten years in prison and fines up to $10,000.
- Second-Degree Felony: Aggravated domestic assault, especially involving a weapon, can result in up to 20 years in prison and hefty fines.
Each charge also carries long-term consequences, such as loss of firearm rights, difficulties finding employment, and damage to personal relationships. A domestic battery lawyer will work to reduce the impact of these penalties by negotiating lesser charges or alternative sentencing options like counseling.
Texas Punishment for Misdemeanor & Felony Family Violence
Crime Class | Jail or Prison Term | Fines |
|---|---|---|
Misdemeanor Class C | Not Applicable | Up to $500 |
Misdemeanor Class A | Up to 1 year in State Jail | Up to $4,000 |
Felony 3rd Degree | 2 to 10 Years in Prison | Up to $10,000 |
Felony 2nd Degree | 2 to 20 Years in Prison | Up to $10,000 |
Felony 1st Degree | 5 to 99 Years in Prison | Up to $10,000 |
You can also lose your right to own a firearm.
How Domestic Violence Cases Differ in Texas
While domestic violence laws are similar across the U.S., there are some distinctions in how these cases are handled in Texas. First, Texas law doesn’t allow alleged victims to drop charges after an arrest has been made. Once the police are involved, the state has full authority to prosecute the case, even if the accuser wishes to retract their statement.
Here’s what makes Texas unique in handling these cases:
- Proactive prosecution: The state may continue with charges regardless of the accuser’s wishes.
- Protective orders: Texas courts can issue protective orders during the investigation or trial, limiting the accused’s ability to contact the victim.
- No-contact conditions: Often, those charged with domestic violence may face strict no-contact orders, which can affect custody arrangements or living situations.
Understanding these nuances is key to building a strong defense. A seasoned lawyer for domestic violence in Texas will be familiar with these laws and work toward the best possible outcome for their clients.
How The Law Office of John H. Nix Can Help You
The Law Office of John H. Nix has been helping individuals in Sherman, TX, for decades, offering skilled legal representation in domestic violence cases. They understand how complex and emotionally charged these cases can be and provide clear, compassionate legal guidance. Their bilingual team ensures that both English and Spanish-speaking clients can communicate their needs effectively.
With decades of experience handling domestic violence cases, they offer:
- Personalized legal strategies tailored to your specific situation
- Aggressive defense to minimize penalties or dismiss charges
- Guidance on protective orders and no-contact conditions
- Help with navigating the court system efficiently and effectively
- Bilingual legal services for Spanish-speaking clients
Having a knowledgeable domestic abuse lawyer by your side can make a significant difference in the outcome of your case. Their team is committed to defending your rights and helping you achieve the best possible resolution.
Your situation is entirely unique
Protective Orders & Family Violence
Protective Orders
We can file for or defend protective orders. Victims of family violence who are related to the offender by blood or marriage, currently living with the offender, have ever lived with the offender, have a child with the offender, or are or have been dating the offender are eligible to apply for protective orders.
Protective orders prohibit the offender from:
- Committing further acts of family violence
- Harassing or threatening the victim, either directly or indirectly by communicating the threat through another person
- Going to or near the persons place of residence or employment
- Going to or near a school or day care center if the child or children are protected under the order
A protective order will not supersede child custody orders and is not a means of setting up child custody. If a child has not been assaulted by the offender in the offense you will not be allowed to include them in the order of protection. Child custody issues will be separate issues and need to be taken up with the court with your custody attorney at a different time.
At the John Nix Law Office, we listen
Domestic violence is an ill-intended act by a family or household member against another member of that same family or household. Texas’ definition of domestic violence is laid out in Section 71.004 of Chapter 71 of the Texas Family Code.
In Texas, a domestic violence conviction for a first offense may result in imprisonment for up to one year and fines of up to $4,000. The penalties become steeper for further offenses—right up to felony domestic violence.
At The John Nix Law Office, we understand cases are rarely cut-and-dried and that everything has a story behind it.
Helping heal Texoma
If you have been wrongfully accused of domestic violence, we will vigorously defend you inside and outside of court, working toward a positive outcome to your situation.
We are committed to protecting your rights whether it is best to negotiate a viable plea agreement or fight the charges in court.
Call us today for an initial consultation.
Contact The Law Office of John H. Nix for Legal Support
If you or someone you love is in need of legal help with domestic violence cases, contact The Law Office of John H. Nix at (903) 868-2600 today to schedule a consultation. Their team of domestic violence attorneys is ready to provide expert legal counsel in Sherman, TX. They are dedicated to fighting for your rights and helping you navigate this difficult time.