Family Violence Charges in Texas: Stages, Steps and Timeline

If you’re facing Family Violence charges in Texas, there’s a good chance you’re feeling disoriented or overwhelmed by the legal process and fearful of the possible repercussions. However, by getting a headstart in understanding the road that lies ahead and the best ways to navigate it, you can improve your chances of a favorable outcome that will almost certainly define your future. The first thing you should do is consult with a proven criminal defense attorney, who will likely start by walking you through these steps.

Arrest and Booking

Like any assault charge, a Family Violence case typically begins with an arrest. As soon as law enforcement responds to a domestic violence call, they’ll assess the scene and diffuse it if possible. 

If they determine there is probable cause, they’ll arrest the alleged offender and take them in for booking, during which the individual will be photographed, fingerprinted, and held in custody until a bail hearing. Once a suspect is in custody, the officer is required to give him or her a Miranda warning before any interrogation occurs.. Only after the subject acknowledges an understanding of their rights and agrees to answer questions can an officer begin asking further questions. The Miranda warning includes:

• The right to remain silent and avoid having an statements used against the suspect in court
• The right to have a lawyer present
• The additional right to have a lawyer appointed by the state if the suspect cannot afford one
• A request for confirmation that the suspect understands these rights
• A question asking if the suspect wants to proceed with questioning

Next, the arresting officer will submit the charges to the district attorney’s office. If the District Attorney decides to prosecute, it will file an “Information” which charges the suspect with the offense. However, felony cases are a little different, as they require a grand jury indictment. Assembled by a district judge, a grand jury will hear the prosecution’s evidence and vote on whether or not the case should move forward. Nine out of the 12 grand jury members must agree to charge the accused for an indictment to occur.

Bail Hearing and Arraignment

Within 48 hours of the arrest, the individual will appear before a judge, who will inform him or her of the charges against them, set bail, and impose any necessary protective orders. Bail amounts and conditions depend on the severity of the charges as well as the defendant’s criminal history. The case will then advance to the pre-trial phase. The defendant may seek bail to stay out of jail during the time leading up to trial.

Pre-Trial Phase

The pre-trial phase comprises three critical steps:

• Discovery: Both the prosecution and defense exchange evidence, witness lists, and other relevant information.
• Motions: The defense may file motions to suppress evidence, dismiss charges, or request other legal actions to strengthen their case.
• Negotiations: Plea bargains may be negotiated between the defense and prosecution to resolve the case without going to trial.

Trial

If the case proceeds to trial, both the prosecution and the defense will have the opportunity to present their cases before a judge or jury. The process follows these steps:

• Jury selection: The court will issue jury summons to a random pool of people, which the judge and the attorneys will screen via a series of questions, general or specific to the case, to determine their suitability to serve as a juror.
• Opening statements: The court will then communicate the indictment to the selected jurors, and the prosecution and defense will each have the opportunity to present their cases. Each side will then have a chance to present rebuttals.
• Presentation of Evidence: Witnesses are called, and evidence is presented to support each side’s case.
• Closing Arguments: Both parties summarize their positions and try to convince the jury of a decision in their favor.
• Deliberation and Verdict: The judge or jury deliberates and reaches a verdict of guilty or not guilty.

Sentencing and Appeals

During sentencing, the judge or jury will consider various factors, including but not limited to the severity of the offense, the defendant’s criminal history, and any other relevant circumstances before delivering a sentence. Sentences for Family Violence charges can vary quite a bit, ranging from probation to imprisonment, depending on the details of the case. 

If the defendant believes there were legal errors during the trial, he or she has the right to appeal the conviction or sentence. In order to appeal, the defendant must submit a written argument to a higher court, which will review the case and determine whether or not a new trial is warranted.