Plano Domestic Violence Lawyer 

Aggressive Defense Against Domestic Violence Charges in Dallas & Collin County

If you have been accused of committing domestic violence in Plano, do not hesitate to contact an experienced defense attorney immediately to discuss your legal options. Lanzillo Law, PLLC is led by a passionate lawyer who has only ever worked on the defendant's side. He is personally and professionally committed to the cause of the accused and has the extensive trial experience to know the most optimal strategies for your courtroom defense. Whether you have been accused of domestic assault or violating a protective order, Lanzillo Law, PLLC is here to defend you.

Are you facing a domestic violence charge in Texas? Call Lanzillo Law, PLLC today at (972) 645-4753 or contact us online to schedule a meeting with our domestic violence attorney in Plano!

What Is Domestic Assault?

Domestic violence is violence committed against a family or household member, such as a former spouse or other relative by blood or marriage. 

Domestic assault is when someone does the following to a household or family member:

• Purposely or carelessly causes bodily injury
• Intentionally threatens another with imminent bodily injury
• Intentionally engages in provocative or offensive contact

For instance, domestic assault can be hitting, kicking, choking, slapping, or threatening to do any harm. Domestic assault in Texas also includes reckless behavior and provocative or offensive conduct, such as pushing someone without initially intending to injure them. Domestic assault can also include getting in someone's space or pushing up against them in a sexually suggestive way.

In situations where the offender allegedly committed the aggravated domestic assault that caused serious bodily injury to another or involved using or exhibiting a deadly weapon, the offense is considered aggravated domestic assault. "Serious bodily injury" is harm like broken bones, loss of limbs, or injuries requiring surgery or hospitalization. 

is domestic assault a Misdemeanor or felony?

Domestic assault is penalized as a misdemeanor or a felony, depending on the circumstances.

• Class C misdemeanor: Domestic assault involving threats of harm or provocative or offensive contact is a Class C misdemeanor punishable by a fine of up to $500
• Class A misdemeanor: If the alleged victim suffered bodily injury, the offense is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine
• Third-degree felony: A domestic assault involving injury is a third-degree felony if the defendant has any prior domestic assault convictions or the offense involved strangulation or suffocation; this carries penalties of two to 10 years in prison and a $10,000 fine
• Second-degree felony: General offenses of aggravated domestic assault are second-degree felonies punishable by two to 20 years in prison and $10,000 in fines
• First-degree felony: Aggravated domestic assault involving a deadly weapon and that causes serious bodily injury to the alleged victim is a first-degree felony punishable by five to 99 years or life in prison and a $10,000 fine

All individuals convicted of domestic violence will lose the right to possess firearms. These are typically lifetime bans. 

Violating a Protective Order

Violating a family protective order is also a serious domestic violence offense. Such a violation can occur in several different ways, depending on the terms of the order.

How Does Domestic Violence Accusations Affect Child Custody?

Domestic violence is a grave issue that not only affects the immediate victims but can also have far-reaching consequences on the lives of children involved in such situations. Child custody battles in cases of domestic violence often take center stage in family court proceedings, and it's crucial to understand how allegations or convictions of domestic violence can impact child custody arrangements.

• Presumption Against the Perpetrator: In many jurisdictions, family courts prioritize the safety and well-being of children above all else when determining child custody arrangements. When domestic violence is alleged, it often creates a presumption against the perpetrator. This means that the court may initially assume that granting custody or unsupervised visitation to the alleged abuser is not in the best interests of the child.
• The Best Interests of the Child Standard: The guiding principle in child custody cases is the "best interests of the child." Courts consider various factors, including the child's physical and emotional health, stability, and safety, when making custody determinations. Domestic violence can significantly impact these factors and can be detrimental to a child's well-being, thus influencing custody decisions.
• Legal Consequences for the Perpetrator: A domestic violence conviction can have serious legal consequences for the perpetrator, including limitations on their parental rights. These may include restrictions on visitation or custody, mandatory anger management or counseling programs, and even incarceration, depending on the severity of the offense.
• Allegations and False Accusations: It's important to note that not all allegations of domestic violence are valid. False accusations can occur for various reasons, such as during contentious divorce proceedings. In such cases, it is crucial to seek legal counsel to protect your rights and ensure a fair evaluation of the situation.
• Seek Legal Representation: If you are facing domestic violence allegations, it's imperative to consult with an experienced Plano domestic violence defense attorney. They can help you navigate the legal process, gather evidence, and advocate for your rights.

Contact Our Plano Domestic Violence Attorney Today

For legal support to face your domestic violence accusations, contact Lanzillo Law, PLLC. Attorney Lanzillo is committed to fighting for defendants and has the trial experience and skill to strategize your way through court. 

Contact Lanzillo Law, PLLC by calling (972) 645-4753 today to schedule a FREE consultation with our domestic violence lawyer in Plano!