Domestic Violence and Assault
Collin County Defense Lawyers in Assault Cases
Police Departments' response to domestic violence and assault charges has changed in recent years.
Previously, police officers could arrive, assess the situation, and decide for themselves how to proceed.
Now, law enforcement takes an altogether different approach. Often, police departments have policies (written or unwritten) that police officers must always make an arrest in a domestic violence situation, even if the alleged victim protests. Due to these policies, domestic violence charges have skyrocketed and many otherwise innocent people have found themselves under arrest.
It gets worse. Once you are charged, the State becomes the complaining party. The case is now styled, “The State of Texas vs. YOU.” This forbids the complaining party from dropping the charges. Instead the State will proceed, regardless of your spouse's or partner's wishes.
Can my wife of husband drop the Charges?
It's common for the "victim" to want to drop the charges after the situation has calmed down. However, most district attorneys’ WILL NOT, as a policy, drop a domestic violence charge just because the “victim” request that be done. Once an officer is called and responds to a domestic violence call, the State of Texas becomes a party to the case. Once the State is a party, the decision to proceed or dismiss the charge is no longer in the complaining spouse’s hands. Domestic assault charges are filed by the State of Texas, and in nearly every case the prosecutor will refuse to drop the charges.
Therefore, a domestic violence charge will not be dropped at the request of the complaining spouse. According to most prosecutors, the State’s policies in regard to domestic violence charges are harsh and unbending in order to protect a battered spouse from being bullied into changing her or his story. The unfortunate result of this policy is that sometimes innocent people are arrested, jailed, and kept away from their families.
Protective Orders
Courts can issue protective orders based solely on allegations of domestic abuse. This can create heavy burdens because temporary restraining orders can prevent access to a family’s house, including access to collect clothing or other necessities, the other spouse and children.As Assault Attorneys, we work to get restraining orders and emergency protective orders modified or lifted. Modification of a restraining order could allow the individual accused of domestic violence or spousal abuse back into the home.
Our Goal
Our Goal for each of our clients is to obtain the best possible result. What does that mean? For each person, the best possible result is different. For many, it means a dismissal or being found not guilty, keeping your record clean, and preventing you from being a convicted criminal. For others, the best possible result may be a successful plea bargain negotiation with as small a punishment as possible.
No attorney can give you a guarantee on the outcome of your case. However, retaining a firm that prides itself on outstanding Assault/Family Violence Defense will vastly increase the chances of a successful conclusion .
Free Consultation
Like most people, you are probably apprehensive about your assault charge. You may be scared, angry, or even disappointed by the way things have turned out. For these reasons we offer a free consultation to give you additional information and review your case.
When we meet, we will discuss the particular facts or your case, assault laws in general, and we will answer any questions you may have at that time. We will also discuss your options and how we protect your legal rights. My hope is that at the end of our meeting, you will feel more comfortable with your new knowledge of how the judicial process works.
Contact Dan Moran immediately! Call 214.226.8475