San Antonio Domestic Violence Attorney

Defending Clients Facing Domestic Violence Charges in Bexar County

Being accused of domestic violence can be an overwhelming and deeply distressing experience. You may feel isolated, ashamed, and unsure of where to turn. These accusations carry serious legal and personal consequences, potentially affecting your freedom, reputation, and relationships. At The Law Office of Derek S. Ritchie, PLLC, we understand the challenges you face, and we are here to stand by your side.

Our experienced San Antonio domestic violence attorneys are committed to defending the rights of individuals accused of domestic violence. We provide a strong and strategic defense aimed at achieving the best possible outcome for your case.

What Is Domestic Violence?

Texas Penal Code, Title 5, Chapter 22, Section 22.01 defines domestic violence as intentionally, knowingly, or recklessly:

• Causing bodily injury to someone;
• Threatening someone with bodily harm or;
• Initiating contact the perpetrator knows will be deemed offensive;

Against a family member, member of the household, or current or past romantic partner.

What are the Penalties for Domestic Violence in Texas?

Texas courts consider domestic violence a Class C misdemeanor. That means it’s punishable by:

• Up to one year in jail at a minimum
• Depending on the severity of the charges, up to 99 years in prison
• Fines up to $10,000

Factors such as whether the incident involved strangulation, a repeat offense, and the victim’s relationship with the alleged perpetrator can all result in increased penalties.

How Can I Defend Myself From Domestic Violence Charges?

If you’ve been accused of domestic violence, it’s important to remember that an accusation is not a conviction. There are several defenses that an experienced attorney can use to challenge the charges against you.

1. Self-Defense: If you acted to protect yourself against imminent harm, this defense might apply. Evidence that you were not the aggressor will support your case.
2. False Allegations: Domestic violence accusations can sometimes stem from misunderstandings, anger, or attempts by a partner to gain an advantage in custody disputes or divorce cases. We will scrutinize the evidence and inconsistencies in the accuser’s story.
3. Lack of Evidence: Prosecutors must prove beyond a reasonable doubt that the alleged abuse occurred. If there is insufficient evidence linking you to the accusations, we will highlight this lack of proof.
4. Consent: Specific allegations, such as offensive physical contact, may be challenged if the action was consensual or misconstrued.
5. Mistaken Identity or Accident: If you were not the person who caused harm or the event was purely accidental, this can be a strong defense.

Our team at The Law Office of Derek S. Ritchie, PLLC, has extensive experience crafting precise defenses tailored to the unique circumstances of each case.

What is a Magistrate Order For Emergency Protection?

Magistrate’s protective orders are also commonly called “emergency protective orders.” Criminal courts can issue a magistrate’s order after arresting an individual for domestic violence. They tend to be given when a law enforcement officer arrives on the scene where domestic violence occurs and arrests the alleged abuser on site.

When Do Courts Issue Temporary Ex Parte Orders?

When a survivor/victim seeks the help of a civil court to press domestic violence charges, they can receive a temporary ex parte protective order.

To issue an ex parte order, only one party involved in the case (the survivor/victim) must be present. Judges give temporary ex parte orders when they believe a survivor/victim is in imminent danger of bodily harm or further abuse. The temporary order protects the survivor/victim by prohibiting the alleged abuser from interacting with them (physically or through other means, such as texts) until the court can hold a hearing.

Once the court arranges a hearing, both parties (through their legal counsel or by self-representing) have the opportunity to present evidence supporting their case. Once the judge hears from both parties, they will make a final judgment on the case.

How Long Does a Final Protective Order Last?

If the judge decides the survivor/victim’s accusations hold merit, they may issue a final protective order. Final orders generally last up to two years but can receive extensions at the court’s discretion. The judge can also establish a more long-term protective order if the alleged abuser commits certain acts, such as a felony or causing severe bodily harm.

At The Law Office of Derek S. Ritchie, PLLC, our San Antonio domestic assault attorney will work with you to advocate for your safety and rights during your domestic violence dispute.