What Should You Do If You’re Facing Domestic Violence And Abuse?
Domestic violence and abuse are serious matters under Texas statutes. Learn the different penalties for domestic assault.
There’s no denying that domestic violence is an ugly experience. It happens when someone enacts abusive behavior against another person in the same family or household.
The most common concept about domestic violence is that it is only about physical abuse. That is far from the truth under Texas statutes. When you are residing in Fort Worth TX, the law denotes that domestic abuse can be in different forms.
But before we could dive into this subject, which one is it – domestic violence or domestic abuse?
Domestic Violence Or Domestic Abuse – Which Is Which?
You oftentimes hear in the news about “domestic violence” and “domestic abuse” to refer to an alleged physical assault done by one family member on another. Under Texas law, physical assault is but one form of abuse. There’s emotional or verbal abuse that inflicts non-physical wounds that refuse to heal for a long time.
Interestingly, the United Nations defines domestic abuse as an act of a family member that aims to “frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound” another member of the family or household.
In the United States, domestic violence and domestic abuse have been used interchangeably. It may differ in each state – legislators may favor the use of domestic violence while others use domestic abuse. However, both terms refer to similar conduct.
Taking a closer look at how each state defines domestic abuse and domestic violence, they oftentimes carry the same meaning. In general, the offender is a member of the same family or household that the victim belongs to. Then there’s the infliction of harm, or threat of harm, to the victim. As mentioned earlier, domestic violence can take several forms. Here are some of them.
Physical Abuse
This is the most common form of domestic violence. It usually involves hitting, kicking, punching, or choking. While most would think that such actions need to result in considerable bodily harm to be taken seriously, it is not always the case. Even if the other party will not require medical attention after the act, it can still qualify as domestic violence and can result in the filing of charges.
Emotional Or Verbal Abuse
For most people, yelling or swearing is all there is in emotional or verbal abuse. How far is that from the truth? Such form of abuse in the family or household usually involves threats, intimidation of another, calling names with the intent to degrade and humiliate, and victim-shaming.
Emotional abuse can be difficult to prove, but just as damaging to a person’s self-respect and dignity. The aggressor usually aims to make the victim feel that they can never make it, they are not good enough, and they can’t do anything right.
Emotional abuse can happen to anyone, and to any relationship. Such abuse can happen between parents and children, or between romantic partners. This is but one form of abuse, and the next one involves money in a relationship.
Financial Abuse
Financial abuse may be primarily about money, but that is not all. A spouse preventing another spouse from earning or receiving an education is liable for financial abuse. This type of abuse is not that common, but the law outlines serious possible consequences just the same.
Financial abuse may take different forms, but the bottom line of such situations is when a partner, or family member, uses assets and money to control the other. An abuser can intentionally accrue a large amount of debt in the victim’s name, and control how the victim spends the money. Also, threatening not to pay the bills unless the victim concedes to a condition and ruining the person’s credit rating also constitute financial abuse.
If you are a victim of financial abuse, you may feel that you’ll never make it independently from your abusive partner. The best recourse is first to seek the help of professionals domestic violence lawyer who can help you deal with the trauma. The next step would be to fight back – the legal way.
Domestic Violence Charges In Fort Worth TX
It does not matter whether the victim is male or female, Texas takes domestic violence seriously. Statutes regarding family violence are well defined by the state code and prosecutors will most likely pursue assault charges. However, domestic violence is not just for spouses or intimate partners, the laws can also apply to:
- Members of the same family or household.
- People who are blood-related.
- Foster parents and foster children.
- Dating partners – current and exes.
The penalties for domestic violence vary:
Texas does not take domestic assault lightly. Its penalty category is Class A Misdemeanor for a first conviction. That entails up to a year in county jail, a fine of up to $4,000, or both. Also, this is not an offense that can be removed from your record, it will haunt you for a lifetime. Thus, an offender may find it difficult to get a job, secure a home loan, and own a firearm. A conviction can also impact a person’s chances for child custody or visitation rights in the future.
In addition, aggravated domestic assault in Fort Worth TX is a second-degree felony. That entails up to 20 years in prison and a maximum fine of $10,000. Further, an aggravated assault that results in serious bodily harm is a first-degree felony that carries 5 to 99 years of life in prison, as well as a maximum of $10,000 in fines.
Of course, fighting charges of domestic violence can be as traumatic and complicated. In lieu of the dire consequences, do not take any chances when you face domestic violence charges. Hire a Texas domestic violence lawyer immediately to put up a solid defense and to ensure that your rights are protected.