What Is Domestic Violence Defense?
Domestic violence — called 'family violence' under Texas law — refers to assault or other violent offenses committed against a family member, household member, or dating partner. Texas Penal Code Section 71.004 defines family violence broadly to include acts of physical harm, bodily injury, assault, or sexual assault against a family member or household member, as well as threats that place a family member in fear of imminent physical harm. Family members include spouses, former spouses, parents, children, foster parents, foster children, and other individuals related by blood or marriage. Household members include anyone who currently lives or has previously lived in the same residence. Dating partners are also covered under Texas's family violence statutes. In El Paso, domestic violence charges are taken extremely seriously by law enforcement and prosecutors. The El Paso Police Department and the El Paso County Sheriff's Office have mandatory arrest policies — if an officer responds to a domestic disturbance call and sees any evidence of injury, they are required to make an arrest. This means that even if the alleged victim does not want to press charges, the prosecution can proceed without their cooperation. Family violence charges range from Class A misdemeanor assault (the most common charge) to felony assault causing serious bodily injury or assault with a deadly weapon.
Penalties in Texas — What You Are Facing
The penalties for domestic violence in Texas are severe and extend far beyond the criminal sentence. A Class A misdemeanor family violence conviction carries up to one year in El Paso County Jail and fines up to $4,000. A felony family violence conviction can carry years in state prison. Beyond the criminal penalties, a family violence conviction results in: a mandatory protective order prohibiting contact with the alleged victim (which can prevent you from returning to your home and seeing your children); loss of the right to possess firearms under federal law — the Lautenberg Amendment makes even a misdemeanor family violence conviction a lifetime firearms prohibition; significant effects on child custody and divorce proceedings in El Paso Family Court; potential immigration consequences for non-citizens, including deportation; and adverse effects on military careers for Fort Bliss personnel. A second family violence conviction is automatically elevated to a felony. The collateral consequences of a domestic violence conviction are often more devastating than the criminal sentence itself.
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The Legal Process in El Paso, Texas
Family violence cases in Texas involve both criminal proceedings and civil protective order proceedings. After an arrest for family violence, the court will typically issue an emergency protective order that prohibits you from contacting the alleged victim — which can affect your ability to return to your home and see your children. The criminal case proceeds through the standard process in El Paso County Court or district court, depending on the severity of the charge. Prosecutors pursue these cases aggressively even without victim cooperation, using 911 recordings, photographs of injuries, officer testimony, and medical records. Your attorney will review all of this evidence and challenge every weakness in the prosecution's case. Pre-trial motions — particularly motions to modify or lift the protective order — are often critical in domestic violence cases. Many cases are resolved through negotiation, but Attorney Aaronson is fully prepared to take your case to trial if that is the best path to a favorable outcome.
Defense Strategies That Work in El Paso Courts
Effective domestic violence defense in El Paso requires a nuanced, aggressive, and highly personalized approach. Common defense strategies include: self-defense — Texas law allows the use of force to protect yourself from another person's use of unlawful force, and many domestic violence cases involve mutual combat where the person arrested was actually defending themselves; challenging the credibility of the alleged victim — inconsistent statements, prior false allegations, and motive to fabricate are all relevant to credibility; challenging the physical evidence — photographs of injuries may be inconsistent with the alleged victim's account, and medical records may contradict the prosecution's theory; presenting evidence of the alleged victim's prior violent conduct; challenging the 911 recording — the caller's statements may be inconsistent with later testimony; and presenting character witnesses. When the alleged victim recants or refuses to cooperate, Attorney Aaronson works aggressively to hold the prosecution to its burden of proof. He also works to have protective orders modified or lifted when appropriate, allowing you to return to your home and maintain contact with your children.
Why Choose Aaronson Law Firm for Domestic Violence Defense in El Paso
Attorney Aaronson has defended El Paso residents against domestic violence and family violence charges for over 45 years. He understands the unique challenges these cases present — the mandatory arrest policies, the prosecution's ability to proceed without victim cooperation, the Lautenberg Amendment firearm prohibition, and the impact on military careers at Fort Bliss. He handles every case personally, working to protect not just your freedom but your family relationships, your career, and your right to bear arms. He serves clients throughout El Paso — from Kern Place and Sunset Heights to the Eastside, Westside, Northeast El Paso, and the Upper Valley — as well as in Horizon City, Socorro, Canutillo, and Sunland Park.
Frequently Asked Questions About Domestic Violence Defense in El Paso
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A domestic violence charge can cost you your home, your children, your career, and your right to bear arms — all before you've had a chance to tell your side of the story.
Don't wait. Call Aaronson Law Firm at (915) 533-0110 for a free, confidential consultation. We fight to protect your family and your future.
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