Beaumont Domestic Violence Lawyer

Beaumont Domestic Violence Attorney

Domestic violence is a serious issue that plagues households across the United States. It can be defined as violent behavior in the home, typically including spousal abuse. If you have been injured during an altercation in your home, you could be eligible to receive compensation for assault and battery. You should contact a Beaumont domestic violence lawyer right away to discuss your options.

Renick Law Firm, PLLC, has been providing personalized legal services to Texans for years. As a second-generation lawyer and former prosecutor, I know what it takes to succeed both at trial and in negotiations. Reach out if you’ve become the victim of domestic violence. You are not alone, and we can help.

Why Hire a Domestic Violence Lawyer?

One in three Texans will experience some form of domestic violence in their lifetime. While domestic violence can happen to anyone, girls and young women are disproportionately targeted, experiencing this problem at a rate that’s almost triple the national average of 1 in 3 women and 1 in 4 men.

When people are injured due to no fault of their own, they have the right to file what’s known as an intentional tort claim, in this case against the perpetrator of the domestic violence. Whether you have suffered through one violent altercation in your home or many, it’s a wise idea to hire a domestic violence lawyer. Reach out to a Beaumont domestic violence attorney to learn about your rights as a victim today.

Understanding Domestic Violence Laws

Domestic violence includes a pattern of abuse between two people who are intimate partners. Intimate partners can include spouses, former spouses, other parents, and people who have cohabitated with the victim.

The victims of domestic violence are protected by a federal law called the Violence Against Women Act (VAWA). It provides shelter and protection to both domestic violence victims and members of their families and applies to people suffering from domestic violence, dating violence, child abuse, sexual assault, and emotional, financial, or physical abuse.

While the federal laws concerning domestic violence are fairly straightforward, Texas law is a little more convoluted. According to Texas Penal Code 22.01, simple assault is a Class A misdemeanor, but defendants who have been convicted of family violence in the past will face third-degree felony charges.

Texas Penal Code 22.02 indicates that aggravated assault is committed when a person severely injures another, including a spouse, or uses a deadly weapon. Aggravated assault is a second-degree felony. It becomes a first-degree felony if a spouse uses a deadly weapon against any family member.

Finally, Texas Penal Code 25.11 covers continuous violence against the family. A person can be charged with this offense if they engaged in one or more assaults against their spouse or another person in their family.

Differences Between Civil and Criminal Assault Cases

The difference between civil and criminal assault is simple. If the police become involved and a prosecuting attorney issues charges in criminal court, they are brought by the state, and the domestic abuse penalties associated with them often include fines, jail time, and rehabilitative measures.

In a civil assault case, one person files a claim against another to seek damages, which often include both compensatory and punitive damages. Victims are typically compensated for medical bills, lost wages, and pain and suffering.

The bar for the burden of proof in a criminal assault is set much higher than that for civil assault. In a criminal case, the prosecutor needs to prove the defendant’s guilt beyond a reasonable doubt. In a civil case, a preponderance of evidence must show that the defendant committed an act of domestic violence.

It’s often the case that defendants face both criminal and civil charges for their acts of abuse. The concept of double jeopardy doesn’t apply to civil cases; it only applies to criminal charges.

FAQs

How Much Does Hiring a Lawyer for Domestic Violence Cost?

It can cost anywhere from $250 to $300 per hour to hire a domestic violence lawyer. Most people wind up paying between $795 and $2,460 to obtain legal representation in their cases. Hiring a lawyer will vary in cost depending on factors like how complicated the case is and whether it has to go to trial.

What Is Strong Evidence in a Domestic Violence Case?

In Beaumont, strong evidence in a domestic violence case usually includes both objective and corroborative evidence. Objective evidence can include things like medical records, police reports, photos of the injuries, and records of any relevant communication. Corroborative evidence can include witness testimony or the victim’s diary of the events, which can be quite powerful.

What Are the 4 Types of Domestic Abuse?

The four types of domestic abuse are physical, emotional, financial, and sexual abuse. Physical abuse can include anything from slapping to using weapons. Emotional abuse typically includes issuing threats and isolating people from their loved ones. Economic abuse prevents someone from working or having access to money. Sexual abuse involves all forms of sexual assault, including date rape and harassment. These forms of abuse are often co-occurring.

What Percentage of Cases Get Dismissed for Domestic Violence in Texas?

A high percentage of cases get dismissed in Texas for domestic violence. In Bexar County, 80% of domestic violence cases are dismissed before they go to court. The reasons for this trend include victim non-cooperation, insufficient evidence, and procedural errors. Many victims also recant their initial statements due to fear of retaliation or other factors, which makes it difficult to prove the case and often leads to dismissal.

Your Beaumont Domestic Violence Lawyer

If you’ve suffered at the hands of your spouse, they deserve to be held accountable. We can help make sure your rights are protected and justice is served. The Renick Law Firm, PLLC, has years of experience with handling assault cases in civil court, including those involving domestic violence. Our team brings compassion and professionalism to every case. Learn how we can help with yours. Contact us today.