New Braunfels Family Violence Attorney

However, the information available to officers during those first few minutes does not necessarily tell the entire story. The people involved may provide conflicting accounts. Important witnesses may not have been interviewed. Video, text messages, photographs, or other evidence may provide context that was unavailable when the arrest occurred.

 

A New Braunfels family violence attorney can examine the evidence beyond the initial police report and determine what defenses may be available.

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What Is Considered Family Violence in Texas?

Texas law uses the term family violence to describe certain acts or threats involving people in qualifying family, household, or dating relationships.

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Depending on the circumstances, a family violence case may involve:

• A spouse or former spouse

• A current or former dating partner

• Parents of the same child

• Certain relatives

• People who currently live together

• People who previously lived in the same household

• Certain foster relationships

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You do not have to be married to someone for an allegation to potentially be considered family violence.

The relationship between the accused and alleged victim is important because it can affect how an assault allegation is handled and the potential consequences of the case.

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Domestic Violence Attorney in New Braunfels

People frequently use the terms domestic violence and family violence interchangeably. In Texas, however, family violence is the terminology generally used under state law.

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Someone searching for a domestic violence attorney in New Braunfels may therefore be facing an offense described as Assault Family Violence or another family violence-related allegation.

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Regardless of the terminology used, these cases should be taken seriously. A domestic violence accusation can result in criminal charges as well as protective orders, restrictions on contact, firearm consequences, and other disruptions to your life.

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Attorney Larry Bloomquist defends clients accused of domestic and family violence and can evaluate the specific allegations and evidence involved in your case.

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Assault Family Violence in New Braunfels

One of the most common charges associated with family violence is Assault Family Violence.

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An allegation does not necessarily have to involve severe physical injuries. Depending on the circumstances, accusations involving hitting, pushing, grabbing, threatening, or other conduct can lead to an assault investigation or arrest.

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These cases can depend heavily on evidence such as:

• Police reports

• Officer body-camera footage

• 911 recordings

• Photographs of alleged injuries

• Medical records

• Witness statements

• Text messages

• Emails and social media communications

• Surveillance or cellphone video

• Statements made by the people involved

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Examining all available evidence can be particularly important when the people involved disagree about who initiated the confrontation or what actually happened.

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What Happens After a Family Violence Arrest in New Braunfels?

After an arrest, the accused will generally be booked and brought before a magistrate. Bail may be established, along with conditions that must be followed after release.

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Family violence allegations can result in additional restrictions. Depending on the circumstances, you may be prohibited from contacting the alleged victim or returning to a shared residence.

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An Emergency Protective Order may also be issued.

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These restrictions should be followed carefully. Even if the alleged victim wants to communicate with you, their permission does not necessarily override a court order.

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If you want to understand this process in greater detail, read What Happens After a Family Violence Arrest? for information about the early stages of a Texas family violence case.

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Can the Alleged Victim Drop Family Violence Charges?

A common misconception is that the alleged victim can simply decide to "drop the charges."

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Once a criminal case has been initiated in New Braunfels, the decision about whether to continue prosecuting generally belongs to the government.

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The alleged victim may later tell prosecutors that they do not want the case pursued. They may clarify an earlier statement or say that the original allegation was inaccurate. While that information can potentially affect the case, it does not automatically result in dismissal.

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Prosecutors may attempt to proceed using other evidence, including 911 recordings, body-camera footage, photographs, witness statements, and statements made at the scene.

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Can Family Violence Charges Be Dismissed in Texas?

Yes, family violence charges can be dismissed in some circumstances, but dismissal is never guaranteed.

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Every case is different. Potential issues with the prosecution's case may include:

• Insufficient evidence

• Inconsistent or changing statements

• Conflicting witness accounts

• False or exaggerated allegations

• Evidence supporting self-defense

• Video or electronic evidence that contradicts the accusation

• Problems with the investigation

• Inability to prove an element of the alleged offense

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A defense attorney can evaluate the prosecution's evidence and determine whether weaknesses exist that could affect how the case is resolved.

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What Are the Penalties for Assault Family Violence in Texas?

The potential penalties depend on the specific allegation, the defendant's history, and other circumstances.

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Some Assault Family Violence allegations may be prosecuted as misdemeanors. Certain circumstances can increase the seriousness of the charge, including qualifying prior convictions.

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Allegations involving impeding another person's breathing or circulation can also result in felony charges under certain circumstances.

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More serious cases involving allegations of serious bodily injury or a deadly weapon may potentially result in aggravated assault charges.

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The criminal penalties are only part of the concern. A family violence case may also affect firearm rights, employment, professional licensing, immigration matters, and family court proceedings.

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Because the consequences can vary significantly, it is important to determine exactly what offense has been alleged.

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Protective Orders and No-Contact Conditions

A family violence arrest can lead to restrictions before the underlying criminal case is resolved.

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Protective orders or conditions of release may prohibit communication with the alleged victim, restrict access to certain locations, or impose other requirements.

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This can become particularly difficult when the people involved:

• Are married

• Live together

• Have children together

• Share finances or property

• Work together

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Violating a protective order or condition of release can potentially result in additional legal problems.

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If you are unsure whether you are permitted to contact someone or return to your residence, speak with your attorney before doing so.

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What If the Family Violence Allegation Is False or Exaggerated?

An arrest does not establish guilt.

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Family violence allegations sometimes arise during emotionally charged disputes, separations, divorces, custody disagreements, or deteriorating relationships. The initial statement given to police may not provide the complete context of what occurred.

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A defense investigation may uncover evidence that contradicts or calls an allegation into question.

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That could include text messages, photographs, video recordings, witness testimony, inconsistencies between statements, or evidence concerning injuries sustained by the accused.

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The goal is to examine what actually happened rather than assume that the initial accusation tells the entire story.

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Can Self-Defense Apply to Domestic Violence Charges in New Braunfels?

Self-defense may be relevant in some family violence cases.

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The fact that the alleged confrontation involved a spouse, partner, or family member does not automatically prevent someone from asserting self-defense when Texas law otherwise permits it.

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These cases can involve competing versions of who initiated the physical confrontation.

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Evidence such as injuries, photographs, video, witness statements, 911 calls, and communications between the people involved can become important when evaluating a self-defense claim.

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Assault vs. Family Violence in Texas

Assault and family violence are closely related concepts, but they are not identical.

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An assault can occur between people who have no relationship with each other. A family violence designation involves the nature of the relationship between the accused and the alleged victim.

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That distinction can affect both the criminal case and its potential long-term consequences.

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Read more about Assault vs. Family Violence in Texas and why the relationship between the people involved matters.

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Why Hire a New Braunfels Family Violence Attorney?

Family violence cases can involve much more than determining whether an argument or physical confrontation occurred.

A defense attorney may need to examine how the police investigation was conducted, compare statements made at different times, obtain video and electronic evidence, interview witnesses, evaluate claims of self-defense, and identify weaknesses in the prosecution's evidence.

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Getting an attorney involved early can also be important when protective orders, bond conditions, or restrictions on communication are affecting your daily life.

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Larry Bloomquist represents people accused of family violence and domestic violence in New Braunfels and throughout Comal County. His goal is to understand the circumstances surrounding the allegation, examine the evidence, and develop a defense based on the facts of the individual case.

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Contact a New Braunfels Family Violence Attorney

If you have been arrested or accused of family violence or domestic violence in New Braunfels, do not assume that the accusation will simply go away or that the alleged victim can automatically end the case.

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Attorney Larry Bloomquist can review the allegations, explain the potential consequences, and discuss the defense options that may be available.

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Contact the Law Office of Larry Bloomquist to speak with a New Braunfels family violence attorney about your case.