Domestic Violence Defense Lawyers
Domestic violence cases are complicated and emotionally thorny. They often boil down to a battle of “he said vs. she said,” and the actual facts can get lost in the shuffle.
Of course, the facts matter. No one deserves to lose a good reputation or spend time in jail because somebody else distorted or deliberately misrepresented the facts of an altercation.
The trouble is that the parties themselves often have trouble recalling exactly how specific events transpired. Because family violence cases typically begin with a heated disagreement, everyone involved perceives the events from a different perspective.
Adrenaline, emotional investment, heartache, and revenge can all fog the facts of family violence. It can be difficult to determine whether a crime has really occurred.
After all, everyone argues now and then. Disagreements are natural in any family dynamic or romantic relationship. Occasionally, those disagreements can become intense or even spiral out of control. But that is not a crime in itself.
Remember: The prosecution always has the burden of proving – beyond a reasonable doubt – that your conduct crossed a line. Specifically, the government must show that your actions satisfied each of the elements constituting a specific crime (usually an alleged assault or threat).
The Texas domestic violence defense lawyers at Oberheiden & McMurrey, LLP have been handling these cases for years. We understand that things aren’t always what they seem to be.
False allegations are common. So are exaggerations and distortions. Police tend to rush into these situations, ignore nuance and context, and hurry to judgment. As a general rule, they automatically side with the person claiming to have been assaulted or abused. But that doesn’t make the allegations true. In fact, studies show us that false accusations happen more often than many people realize. That’s especially true in the midst of child custody disputes or other legal proceedings.
Don’t pay the price for someone else’s dishonesty. Even if you realize that you let a situation get out of hand, don’t let the prosecutor make unreasonable or unfair assumptions about the criminality of that situation.
You deserve a vigorous legal defense. You deserve the best legal representation available. You deserve the Texas domestic violence defense lawyers at Oberheiden & McMurrey, LLP. Please call us today.
State Law Extends to the Boyfriend-Girlfriend Relationship
You might not think of your boyfriend or girlfriend as a “family member.” For purposes of family violence prosecutions in Texas, though, that relationship does generally qualify as a “domestic” one. Additionally, Texas family violence laws extend to:
- Members of your family or household
Of course, even the people in a romantic relationship are often unable to conclusively determine whether they are actually in a relationship. The government is a very poor judge of relationship status, and we sometimes see the government apply domestic violence charges where they don’t belong. That’s important, because the words “family violence” or “domestic violence” can have a profound impact on your reputation.
Federal Domestic Violence Crimes
It’s true that domestic violence is usually adjudicated in the state courts. Occasionally, though, family violence is prosecuted as a federal crime.
In fact, the federal government has enacted several statutes with the express purpose of lightening the load on state courts overburdened by domestic violence cases.
Chief among those is the Violence Against Women Act (VAWA). While that statute was enacted with the best of intentions and has undoubtedly done a lot of good, it has also produced unintended and unfair consequences.
Specifically, the Violence Against Women Act (VAWA) makes it a federal crime to:
- To cross state lines (or enter or leave Indian country) and physically injure an “intimate partner”
- To cross state lines to stalk or harass (or to stalk or harass within the maritime or territorial lands of the United States – this includes military bases and Indian country)
- To cross state lines (or enter or leave Indian country) and violate a qualifying Protection Order
Additionally, domestic violence suspects can face federal weapons charges if the possession of said weapons violates a qualifying Protection Order or the terms of a previous conviction related to family violence.
Federal prosecution is an extremely serious matter, and the proceedings become extremely complicated. The federal justice system uses its own rules and standards, so it is imperative that you work with experienced federal domestic violence defense lawyers.
At Oberheiden & McMurrey, LLP, we offer years of experience in both state and federal criminal defense. We can help.
Representation for State or Federal Domestic Violence Charges
To get help with state or federal domestic violence charges, please contact the Texas domestic violence defense lawyers at 1-888-356-4634 or online today. We’ll fight for your best interests.