Are You Looking for the Best domestic Violence Lawyer in Dallas?
If you have been charged with family violence of domestic violence, it is critical that you reach out to a top domesticviolence lawyer in Dallas right away. Gallian Firm is the best choice to protect your rights and your future if you are facing allegations of domestic or family violence in Dallas, Texas.
Family violence allegations are serious allegations that you knowingly and intentionally assaulted a current or former family member.
If convicted of family violence you could face harsh penalties, including spending time behind bars and costly fines. A domestic and family assault violence conviction would also result in irreparable damage to your reputation. These charges are also a potential threat to child custody, future housing, and employment opportunities.
A domestic violence Lawyer is Critical to your future
Texas domestic violence laws are a confusing set of laws that oftentimes involves a range of additional criminal charges. Family violence is extremely common in Texas. The following information was compiled from the most common client questions about domestic violence charges in Texas.
FAMILY VIOLENCE STARTS WITH AN Assault DEFINITION
To understand the definition of family violence in Texas, one must first understand Texas law’s definition of assault. Assault is defined as a person intentionally, knowingly, and/or recklessly causing bodily injury to another individual.
Examples of Bodily Harm Include:
- Scratching
- Hitting
- Grabbing
- Pushing
If you have beenarrested for family violence, you need the right family violence lawyer fighting for you. Gallian Firm has extensive experience in family and domestic violence cases throughout the state of Texas.
What Defines FAMILY OR Domestic Violence?
Family violence or domestic violence allegations are allegations that an assault was knowingly committed against a member of the family. The definition of “family” is broad in Texas law. The following relationships are defined as family, regardless of the living situation:
- Related to by Blood or Marriage
- Former Spouse/Partner
- Parents of the Same Child
- Foster Parent/Child
- Stepparent/Stepchild
- Another Member of Household
There does not need to be proof of bodily injury for an individual to be arrested and charged with family violence or domestic violence. A mere allegation is sufficient.
Is There a Difference Between Family Violence and Domestic Violence?
No, the terms family violence and domestic violence both refer to the same criminal allegations. There are three main types of these charges, each with varying severity and circumstance. These include family violence, aggravated family violence, and continuous violence against the family.
What Is Aggravated FAMILY Violence?
Aggravated domestic violence is a serious crime. An assault is deemed ‘aggravated’ if a deadly weapon, like a gun is used and/or if serious injuries result from the incident.Gun crimesaggravate nearly all charges. The crime could also be considered aggravated if the assailant is accused of behaving recklessly.
SERIOUS INJURIES COULD INCLUDE:
- Head Injuries
- Broken Bones
- Loss of Limbs
- Injuries That Require Surgery and/or Hospitalization
A deadly weapon is defined as any object that has the potential to inflict serious injuries.
Being falsely accused and charged with family violence is an occurrence that happens more often than many people are aware. Domestic violence lawyers Gallian Firm has gone to court for hundreds of clients accused of crimes that they did not commit.
What Is Continuous Violence Against the Family?
A charge of continuous violence against the family is applicable if two crimes of family or domestic violence are committed within a 12 month period. These instances do not have to occur in the same case or against the same individual.
What If the Allegations of FAMILY Violence AgainST me Are False?
Family violence charges are a threat to your future and reputation and false charges of family violence should be treated with extreme care. These allegations, especially when false, require the services of a bold and experienced criminal defense attorney. False allegations often result from underlying issues, including:
- Jealousy
- Anger
- Child Custody
- Divorce Issues
Being falsely accused and charged with domestic violence is an occurrence that happens more often than many people are aware. As domestic violence lawyers, Gallian Firm has gone to court for hundreds of clients accused of crimes that they did not commit.
What If the Accuser Filed a Protective Order?
It is critical to your family violence defense case that you do not violate any protective order that is in place. Violating a protective order would only worsen your case and will result in additional criminal charges.
Domestic violence lawyers Gallian Firm understands that a protective order can be frustrating, especially if there are minor children involved. But it is critical to your defense case that you comply with the law. Stay away from the accuser and avoid all communications, including phone, email, or in-person contact until further notice.
What Happens If I Violate a Protective Order?
Violating a protective order would result in an additional Class A misdemeanor, which carries up to 12 months in jail and $4000 in fines. Doing so will also threaten your domestic violence case and may result in a conviction.
Can A Protective Order Be Terminated?
Yes, your domestic violence lawyers will need to file a motion to get a protective order for family violence terminated. This will require a hearing to determine whether the order should be lifted.
Family Violence Charges and Other Common Related Charges
There are other charges that are commonly associated with domestic violence cases. These additional charges may determine the severity of the charges and the harshness of the penalties incurred. These crimes from misdemeanors to serious felony charges. Consider the need for an assault family violence lawyer critical as you move forward.
Unlawful Installation of a Tracking Device
An individual can be charged with the unlawful installation of a tracking device for knowingly installing a tracking device on a vehicle that is not their own. This includes any device that reveals the GPS location of the vehicle.
There are several circumstances in which consent can be implied. For example, when a parent installs a device on the vehicle of a minor child. A spouse may also give their permission to have a device installed and later deny that they gave consent.
Harassment
Texas defines harassment as purposefully and repeatedly sending communications to an individual, usually via calls, texts, or email. These communications may be perceived by the receiver as annoying, alarming, abusive, embarrassing, and/or offensive.
Harassment could also be defined as comments, requests, proposals, or another form of contact that is considered obscene by the accuser.
The best defense strategy against harassment charges is that the accused did not intentionally harass the victim.As domestic violence lawyers are aware, your lawyer will need to convince the jury that the accused did not have negative intentions in their words or actions.
Abandoning or Endangering a Child
An individual can face charges of abandoning/endangering a child if they knowingly leave a child younger than 15 in any circumstances that expose the child to reasonable harm.
A child is considered at risk if circumstances present dangers, including death, bodily injury, or mental impairment. This charge can be lessened if the accused individual planned to return for the child after the alleged abandonment.
This charge also pertains to cases in which any controlled substance is in a child’s presence.
Leaving a Child in a Vehicle
You can face charges for leaving children under the age of seven in a vehicle with an individual under the age of 14. The prosecution may argue that this is considered child endangerment and abandonment if the child is left longer than five minutes.
The majority of parents have left their children alone in vehicles without any criminal intent. These allegations can often be frightening and stressful for a parent, and contacting a defense lawyer like Gallian Firm regarding these allegations if the police are involved or an investigation is ensuing is a good idea.
Circumstances When FAMILY Violence Is Automatically a Felony Offense
There are severe cases in which a family violence charge is an automatic felony offense. Felonies carry harsh penalties, including mandatory prison sentences and fines of up to $10,000.
An assault charge is a felony when any of the following criteria is met:
- Assault on a Child, Elderly, or Disabled Person
- Weapon Is Present
- Serious Bodily Harm Occurs
- Strangulation Occurs
- Sexual Assault
FAMILY violence may be charged as a felony if a history of previous convictions exists, including:
- Kidnapping
- Indecency with a Child
- Violent Offenses
If your circumstances meet any of the aforementioned criteria you must contact Gallian Firm immediately. You will need an experienced and knowledgeable criminal defense attorney to fight these serious charges.
What Are the Penalties If Convicted of FAMILY Violence?
Harsh penalties can result if the prosecution secures a conviction for domestic violence. These penalties will depend on several factors, including the severity of the crime, relationship with the victim, and previous and/or additional charges.
Penalties for domestic violence include jail and/or prison time and excessive fines. A misdemeanor conviction faces $4000 in fines. Any severity of felony conviction can result in fines of up to $10000.
You could spend years behind bars if convicted of family violence. In Texas, even a misdemeanor conviction has the potential to result in 12 months behind bars. Spending years behind bars would destroy your job, family, and future. Do not let the legal system sentence you to these long prison terms without putting up a fight and employing the best family violence defense attorney you can find.
How Long CAN I Spend in Jail for DOMESTIC Violence?
You could spend years behind bars if convicted of family violence. In Texas, even a misdemeanor conviction has the potential to result in 12 months behind bars.
You could face up to 10 years in prison if convicted of a 3rd-degree felony, 20 years for a 2nd-degree felony, and up to 99 years for a 1st-degree felony conviction.
Spending years behind bars would destroy your job, family, and future. Do not let the legal system sentence you to these long prison terms without putting up a fight and employing the best assault family violence lawyer you can find.
What Additional Consequences Can Result from family Violence Charges?
Family violence charges can also cause issues in the future, including problems with work and family. Additional consequences can include:
- Inability to Purchase / Own A Firearm
- Barred from Obtaining a Texas State Hunting or Fishing License
- Loss of Child Custody
- Lack of Employment Opportunities
- Barred from Housing Opportunities
These charges are damaging to your reputation and will follow you for many years to come. Domestic violence lawyers devote their time to making sure this will not happen, and Gallian is the best domestic violence defense attorney you can have defending you.
How Do Most DOMESTIC Violence Cases End?
Most family violence cases are dismissed when there is insufficient evidence of an assault. This proof may include a lack of medical records or injuries.
With the right lawyer, the majority of family or domestic violence cases can be settled without going to trial. Your lawyer will gather evidence, testimony, and other case-specific information. They will then meet with the prosecution to attempt to convince them to dismiss your charges.If this fails, they will defend you to the full extent of the law.
Can A FAMILY Violence Case Be Dismissed in Texas?
Yes, as an assault family violence lawyer like Gregg Gallian cases can be dismissed in court if certain circumstances occur. For example, if prosecutors recognize a pattern of false allegations has been made by the victim. This destroys the accuser’s credibility and makes it likely that the case would be dismissed.
Gallian Firm understands the prosecution side of the legal system and knows what evidence is required for a conviction. This knowledge allows domestic violence defense lawyer Gallian to have the majority of family or domestic violence charges dismissed.
Can I Get These Charges Off My Record?
Yes, if your case is dismissed or you are acquitted of your charges, you will then qualify to have these charges removed from your record. This would remove any allegations of violence, including police and arrest records.
What If I Have a Criminal Record?
People make mistakes and the legal system is especially harsh for those with previous criminal convictions. Law enforcement will often push as many charges as possible on an individual who is a convicted felon or has a criminal history.
Domestic violence attorney Gregg Gallian fights to protect his clients and ensure that all receive fair and equal treatment. An arrest is not a conviction. You are innocent unless the prosecution can prove otherwise, regardless of any criminal record that may exist.
How Can Gallian Firm Help with FamILy Violence Charges?
Domestic violence lawyer Gregg Gallian is among the best family violence defense lawyers you can find. He spent years as a domestic violence defense lawyer handling countless family violence cases, providing him with the experience and expertise needed to have family violence charges dropped and protect his client’s reputation. If you are looking for a domestic violence defense lawyer you won’t find better.
What Are Some Defenses a DOMESTIC Violence Attorney Can Use?
There are several defense strategies that Gallian uses to effectively have domestic violence charges dismissed in court.
FALSE ALLEGATIONS
Claiming that the accuser has made false allegations of violence is the most common defense strategy. This is especially effective if the accuser has made accusations in the past that were dropped or dismissed in court. This is more believable if the accuser has motivations for making false allegations, including child custody or divorce battles.
A Lack of Evidence
If there are no documented injuries or hospital records then the case would be unlikely to make it to trial. It is likely that Gallian Firm can convince the prosecution to drop charges if sufficient evidence does not exist.
Other Defense Strategies
There are other strategies that may be employed if there is strong evidence that an assault was committed. These include errors made by law enforcement during an arrest or proving that your crime was committed out of self-defense.
How Much Do FAMILY Violence ATTORNEYS Cost in Dallas?
Costs for hiring a domestic violence defense attorney can vary depending on the complexity of your case. Gallian Firm provides free consultations for their clients. This is the time where potential fees for legal representation can be further evaluated and discussed.
At this consultation, family violence attorney Gregg Gallian will provide honest legal advice regarding the potential outcomes in your unique case. His rates are fair and a worthy investment for the protection of your freedom and future.You can see at that time if Gallian Firm is the right fit for you.
Why IS gallian firm the best family violence lawyer in dallas?
Assault family violence charges can potentially destroy your current and future opportunities and a criminal defense lawyer is extremely important if charges are made against you. It is crucial that you hire the best family violence lawyer to avoid a conviction and the harsh penalties that could result. An experienced family violence lawyer can often have these cases dismissed before a court date or charges significantly lessened.
This is a broad area of law that requires extensive knowledge and experience in the courtroom. Greg Gallian is an experienced family violence defense attorney in Dallas who knows Texas domestic violence laws better than most family violence lawyers and has been successfully defending those charged with family violence for years.
As a former prosecuting attorney, Gregg Gallian has the experience and knowledge to understand both sides of the law. Mr. Gallian knows what evidence the prosecution needs to pursue an assault family violenceconviction. He also knows what needs to be done to have your case dismissed.
Gregg Gallian is committed to defending clients against false and destructive allegations of family violence.
He will work hard to build a case that will restore your reputation and ensure your freedom. In many cases, domestic violence defense attorney Gregg Gallian can even have your charges dismissed before the court date.
What Should I Do After an Arrest for FAMILY Violence?
You must act quickly if you have been arrested for assault family violence in Dallas, Texas, or surrounding areas. These charges are serious and the longer you delay seeking legal representation, the more likely it is that your case will suffer a poor outcome.
There are several things that should be done to protect your legal rights and increase the likelihood of beating these charges.
- If charged, immediately contact domestic violence attorney Gregg Gallian of Gallian Firm to schedule a free consultation and case review to discuss your case.
- Document everything that occurs during this time period related to your case. Send all related documents, including arrest reports, hospital records, etc. to the office. You should also document any correspondence, including text or email communications with the accuser.
- Avoid all contact with the accuser, regardless of marital status. This can harm your case and may result in additional charges if a protective order has been filed.
- Let domestic violence lawyers Gallian Firm then go work on your behalf to build a defense case and/or have these charges dismissed.
If a case dismissal isn’t possible, domestic violence defense attorney Gregg Gallian will build a solid defense case and fight to prove your innocence in the courtroom.
It is critical to contact domestic violence defense attorney Gregg Gallian as soon as possible if you are facing domestic violence charges. It is never too late to contact the firm, even if another attorney has already been hired. Your future depends on having the best domestic violence defense lawyer in your corner. If you search for the “best domestic violence lawyers near me”, you should see Gregg Gallian at the top of the page! If you Google best domestic violence lawyers near me and don’t find Gregg Gallian, make the call to his office at (214) 432-8860 for a free consultation.
Make an Appointment for A Free case review and Consultation TODAY
Gregg Gallian is a domestic violence defense attorney committed to providing his clients with the best criminal defense against domestic violence charges. He has helped hundreds of clients in Dallas and surrounding areas beat these charges and move on with their lives.
Schedule a free consultation with domestic violence lawyers Gallian Firm LLC by calling 214.432.8860.
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Christopher E.
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I worked with Gregg Gallian and had amazing results! I contacted a different lawyer at the beginning of my case and had no communication, effort and I even started to question whether I was forgotten about. I made the change and got with Mr. Gallian and he was quick and effective with making progress with my case! He was always professional, very communicative, knowledgeable in what he does and will get you good results! I highly recommend him and I know I'll be contacting his firm if I ever need to again.
Matt C.
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Gregg was an amazing lawyer. He and his team were incredibly professional from the start and Gregg was just as passionate about my issue as I was. He cared - which is something many lawyers don't do. He expedited resolution to my issue and sought to restore justice. I am eternally grateful for him and his colleagues. I had been fighting this issue for 6 months and within 2 weeks of hiring him, it was resolved. Highly recommend if you are in need of a lawyer.
Natalie R.
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Thank you! Truly, the Gallian Firm, is the representation you want and need when hopeless situations arise! We worked directly with Gregg and he was a wonderful listener, discussed options, and stood by throughout the process…And well beyond! He was always available to help ease worries and answer questions. He has great patience and doesn’t give up! We are so grateful to have found Gregg and would recommend him to anyone! Thank you again!
Jazmin C.
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Greg Gallian came highly recommended by a nationally renowned attorney.In our stressful situation, he put our mind at ease and handled our situation with the utmost attention and diligence.Thank you, Greg for your expertise and professionalism.We are forever grateful for having you on our team!
Valerie P.
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Thorough, respectful and communicative! We went with Mr. Gallian after having a lack luster lawyer. We immediately saw the difference in approach, he truly goes above and beyond, as well as the employees in the office.He got us the best possible outcome, something that wasn't even given as an option with our previous lawyer! I'd recommend his services to anyone. I can't thank him enough for his work.
Dawn O.
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Mr. Gallian was upfront and professional in every interaction. He communicated his game plan effectively and set realistic expectations for us heading into court. We were very pleased with the outcome!
Table of Contents
FAQs
How do most domestic abuse cases end? ›
The vast majority of domestic violence defendants are first time offenders who have never been arrested before and are facing their first blush with the criminal justice system. Although it may seem very confusing, frustrating and stressful to go through the process most cases end with a dismissal of all charges.
How long do you go to jail for domestic violence in Texas? ›Penalties for a Domestic Violence Conviction in Texas
Class A misdemeanor domestic threat conviction can result in up to a year in county jail and a fine of up to $4,000. 3rd Degree felony domestic assault can include incarceration for 2 to 10 years and a fine of up to $10,000.
Under Texas law, family violence occurs when one member of a family or household acts in a way towards another member of the family or household that is intended to result in physical harm, assault, or sexual assault.
What happens when you get a domestic violence charge in Illinois? ›The penalties for domestic violence in Illinois are laid out in 720 ILCS 5/12-3.2 et seq. In Illinois, domestic battery is a Class A misdemeanor. Class A misdemeanors are punishable by up to one year in jail, as well as probation and a fine of up to $2,500.
What are the 3 R's on stopping Domestic Violence? ›As a military commander, I implore you to act on the three Rs of domestic violence awareness: recognize, respond and refer. Recognize the warning signs of domestic violence.
Whats the longest you can get for Domestic Violence? ›The prison sentence for a domestic violence charge can include more than a year in state prison. Depending on the individual situation, a sentence for a felony conviction can include up to 10 years or more in prison.
Does the state of Texas pick up domestic violence cases? ›Can the State pick up my assault charge? Yes. Even if the “victim” does not want to prosecute, the State can, and most often will, go forward with an assault charge. In criminal cases, it's not the injured party's (Victim) decision as to whether a case will be prosecuted.
Can a domestic violence case be settled? ›The domestic violence case can be quashed by the apex court when the wife filed an vague allegations domestic violence case or the husband has all appropriate evidence to prove his quashing case by telling the apex court that all allegation is false and vague in nature by producing the supporting evidence.
How much is the bail bond for domestic violence in Texas? ›If you're charged with misdemeanor domestic violence, your bail may be relatively low. In fact, it may be as low as $500. With felony charges, bail will be substantially higher (of course). Some judges may post a $50,000 bail bond, and that could double if the victim was seriously injured.
Do domestic abuse cases go to court? ›Domestic violence cases may also be dealt with in a Specialist Domestic Violence Court (a type of Magistrates' Court that specialises in domestic violence cases). If the defendant is 17 and under then the case will be heard in a Youth Court, with specially trained judges or magistrates.
What are the legal consequences of domestic violence in Texas? ›
The penalties for these types of crimes are severe, ranging from a year in jail for a Class A misdemeanor, all the way up to 99 years for a first-degree felony. The fines for a Class A misdemeanor may go up to $4,000 and the penalties for the felonies can reach $10,000.
What is 71.004 of the Texas Family Code? ›(1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but ...
What is the final stage in the cycle of abuse? ›The cycle of abuse often goes through four main stages: tension, incident, reconciliation, and calm. Abusive behaviors may escalate from cycle to cycle, although this isn't always the case.
What happens in domestic violence case? ›The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek reliefs including protection orders, residence orders,monetary reliefs,custody orders, and/or compensation orders.
How long do you go to jail for domestic violence in the US? ›Penalties for Felony domestic violence
If you are charged with a felony, you will serve up to 4 years in state prison. The sentence could be longer depending on the seriousness of injuries you inflicted. Additionally, you will have to undergo a mandatory domestic violence class.
There is no timeline on a recovery; every journey is different. It could take you 2 months, 2 years, or 20 years to recover. There are some severe relationships that have such serious effects that survivors may never recover, but psychological help can assist in easing the pain and speed up the recovery process.