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Grant M. Scheiner - Houston Criminal Defense Lawyer

Important Things to Know About an Assault and Family Violence Case

Assault-Family Member cases can include alleged acts of violence against a family member, a member of a person’s household or someone in a dating relationship with the person accused. The penalties in Texas for Assault-Family Member can be harsh, and it is important to hire a criminal defense attorney to help guide you through the process.

Here are a few important things to understand about Assault-Family Member Cases:

Many people mistakenly believe that if the complainant (the alleged victim in the case) drops the charges, the case will go away. This is not so. When the complainant visits the District Attorney’s Office to attempt todrop the charges, he or she is often surprised that prosecutors may pursue the case, with or without the complainant.

Prosecutors and police will begin putting together a case right away, and you should do what you can to preserve evidence.  This can include recording proof of any injuries suffered. Using a digital camera, photograph any visible injuries. Also, try to pose with a newspaper, so you will have at least some proof of the date the photos were taken.

It is also extremely important to not violate any restraining order or magistrate’s order for emergency protection. Often, a judge or magistrate will order that someone charged with Assault on a Family Member not have any contact — in person, over the telephone or even through a third person – with the complainant in the case.

Following this order can be difficult in many cases, because the complainant might be a spouse or someone who lives in the same household. But you must follow the judge or magistrate’s order, even if that means temporarily moving out of the residence until the order has been lifted.