What is Domestic Violence in Fort Worth, Texas?
What is Domestic Violence in Fort Worth?
In Fort Worth, domestic violence is a pattern of behavior intended to establish or maintain power and control over a romantic partner or family member. They are behaviors that cause family members fear, intimidation, terror, manipulation, harm, humiliation, or injury. This sort of violence might involve physical, sexual, and emotional actions or threats against another family member, including a child.
A specific violent crime is considered domestic violence if it is directed at someone with whom the defendant has a familial relationship. Under Texas Family Code 71.003, the term family encompasses the following connections or relationships:
- Individuals who are linked by consanguinity (blood) or affinity (marriage)
- Individuals who used to be married to each other
- Unmarried parents of the same child
- A foster child and guardian, regardless of whether they live together.
- Current or former romantic partners
- Other blood relations and adoptive relatives.
For a crime resulting in physical hurt or bodily injury to be considered domestic violence, the perpetrator must be aware that they are causing physical harm. As a result, to secure a conviction, there must be proof that the offense was committed knowingly or purposefully.
How to Report Domestic Violence in Fort Worth
Victims of domestic violence in Fort Worth have the right to seek justice and protection via the justice system for any mistreatment. Victims in Fort Worth can contact the local police for immediate assistance. The Victim Assistance Section of the Fort Worth Police Department is dedicated to providing immediate assistance and support to victims of crime by:
- Informing victims of their rights
- Providing on-site crisis assistance to victims who have been severely traumatized
- Providing victims of crime with referrals and information about helpful and related community services.
Other organizations that assist with domestic violence in Fort Worth include:
1100 Hemphill Street
Suite 303
Fort Worth, TX 76104
(817) 535-6462
The Women’s Center of Tarrant County
1723 Hemphill Street
Fort Worth, TX 76110
(817) 927-4040
(888) 529-5277
(817) 336-3943
How Long do You Have to Report Domestic Violence in Fort Worth?
It is important to note that the prosecution has a limited time to bring domestic violence charges before a court formally. This limited-time is referred to as a statute of limitations. The statute of limitations runs from the date of the offense or discovery of the crime. Domestic violence offenses have a statute of limitations of 2-3 years, depending on their severity.
How to get Domestic Violence Charges Dismissed in Fort Worth
Technically, it is possible to dismiss domestic violence charges. However, Fort Worth has a ‘No-Drop’ policy in situations involving violence against a family member. It makes dropping the accusations tough, even if the victim chooses not to pursue the case.
This means that domestic abuse claims in Fort Worth are treated very seriously. It is worth mentioning that these accusations are so severe that once a person is convicted of a domestic violence misdemeanor, each future misdemeanor conviction is immediately elevated to a damning felony violation.
These accusations may be especially harsh on the accused, especially if they are charged based on misconceptions or mistakes. As a result, defendants are encouraged to seek legal counsel to avoid incarceration, costly penalties, loss of parental rights (if applicable), and a permanent record.
Domestic violence in Texas could be classified as either a misdemeanor or felony charge. Several variables influence the severity of the accusations brought, including the injuries sustained, the weapon used, the type of abuse involved (more significant penalties for strangling and suffocation), past convictions, and the age of the victims. If a defendant is convicted, the penalties include:
- Class A misdemeanor charges such as assaulting a family member are punishable by up to one year in jail or fines up to $4,000, or both.
- 3rd-degree felony charges such as assault of family member by choking are punishable by incarceration of 2 to 10 years and fines up to $10,000
- 2nd-degree felony charges are penalized with 2 to 20 years in prison and fines up to $10,000
- 1st-degree felony charges are punishable by 5 to 99 years in prison and fines up to $10,000.
An experienced defense attorney can assist in avoiding these penalties by having the charges dropped or reduced. Possible defenses include:
- Lack of Evidence: If the prosecution cannot establish beyond a reasonable doubt that the accused committed the charge, the defense might allege that the prosecution lacked sufficient evidence.
- The act was an accident: Domestic violent acts must be purposeful or conducted intentionally against the accused victim to be classified as domestic violence under state and municipal law. Consequently, if the alleged victim's injuries were the result of an unintentional accident, it would not fulfill all the conditions for an act of domestic violence.
- The act was committed in self-defense or to protect another family member: In such circumstances, the defense counsel would claim that any purported violence was simply the defendant attempting to protect their own physical well-being from an abuser.
- There was police misconduct: If the defendant was arrested or searched unlawfully, all evidence gathered during the process may be suppressed and inadmissible in court. The case may be thrown out if the defense has evidence to support these claims.
Overall, to ensure that justice is served, victims may also collaborate with the prosecution to win a conviction by compiling extensive and persuasive evidence to prosecute the perpetrator.
What Happens if the Victim doesn't Show up at the Trial for the Domestic Violence Charge in Fort Worth?
Domestic violence charges are criminal charges that are deemed to be detrimental to society as a whole. As a result, they are deemed violations against the state or the prosecution's jurisdiction. Hence, regardless of whether a victim appears at a trial or not, a prosecution equipped with sufficient evidence can nevertheless carry out a solid case without the victim's testimony.
Notwithstanding, a victim who fails to appear at a trial, especially if the court has ordered them to do so via a subpoena, may face penalties. If the victim fails to appear, the prosecution is entitled to one trial continuance due to the absence of a significant witness (victim). They will normally request a continuance to postpone the trial date.
After being served with a subpoena, individuals who fail to appear in court will be issued a writ of attachment commanding the sheriff's deputy to arrest and bring them to court. Once arrested and taken to court, the judge will order testimony.
