Family Violence Defense Lawyer in Tyler, TX and Smith County
If you’ve been accused of family violence in Tyler, TX, or Smith County, the stakes are incredibly high. Family violence charges can result in severe legal consequences, including jail time, fines, and the loss of important rights, such as child custody and firearm ownership. A family violence conviction can also have a lasting impact on your reputation, employment opportunities, and personal relationships. If you are facing these serious charges, it is critical to seek the help of an experienced family violence defense lawyer.
At Cheryl A. Wulf, Attorney at Law, Cheryl has extensive experience defending clients against family violence charges. Whether you are facing misdemeanor or felony charges, Cheryl is committed to protecting your rights and providing a strong defense.
Understanding Family Violence Charges in Texas
Family violence, also known as domestic violence, involves harm or threats of harm against a family member, household member, or someone with whom the accused shares a dating relationship. In Texas, family violence is classified into three categories:
- Domestic Assault: Occurs when a person causes bodily injury, threatens imminent harm, or makes physical contact that the victim finds offensive. Domestic assault can be charged as a Class A misdemeanor or a third-degree felony, depending on the circumstances and prior offenses.
- Aggravated Domestic Assault: This charge involves more serious offenses, such as causing serious bodily injury or using a weapon during the assault. Aggravated domestic assault is typically charged as a second-degree or first-degree felony, with harsher penalties.
- Continuous Family Violence: If a person is accused of committing two or more acts of family violence within a 12-month period, they can be charged with continuous family violence, a third-degree felony.
Texas law is tough on family violence, and convictions can lead to significant penalties, including:
- Jail or prison sentences
- Fines of up to $10,000
- Mandatory counseling or anger management programs
- Loss of the right to own or possess firearms
- Child custody or visitation restrictions
- Permanent criminal record
Given the severity of these consequences, it’s important to have a skilled defense attorney like Cheryl A. Wulf on your side to defend your case.
Defenses to Family Violence Charges
Facing family violence charges can feel overwhelming, but there are several potential defenses that Cheryl can explore based on the specifics of your case. Some of the most common defenses to family violence charges include:
1. Self-Defense
One of the most effective defenses in family violence cases is proving that you acted in self-defense. Texas law allows individuals to use force to protect themselves from harm, and if you were protecting yourself from an aggressor, your attorney may be able to demonstrate that you were not the initial instigator of violence.
2. False Accusations
Family violence accusations can sometimes be used as a tool during contentious divorces or child custody battles. If you are falsely accused of family violence, your attorney will work to uncover any motives behind the accusation and challenge the credibility of the accuser’s testimony.
3. Lack of Evidence
In some cases, the prosecution’s case may rely solely on the alleged victim’s testimony without any physical evidence to support the charges. Cheryl will thoroughly examine the evidence and may challenge the lack of physical proof, such as medical records, witness statements, or police reports.
4. Accidental Injury
It’s possible that any injuries sustained by the alleged victim were the result of an accident, not intentional harm. Cheryl can present evidence to show that the incident was accidental and that you did not act with intent to harm.
5. Defense of Others
Similar to self-defense, you may have been defending another person, such as a child, from harm. Cheryl will explore whether you acted out of necessity to protect someone else in your household.
Why You Need a Family Violence Defense Lawyer in Tyler, TX
Family violence charges are often highly emotional and complex, with many factors that need to be carefully considered. Here’s why it’s crucial to have an experienced family violence defense lawyer like Cheryl A. Wulf representing you:
1. Protecting Your Rights
Family violence cases can escalate quickly, and if you don’t have an experienced lawyer on your side, your rights may be violated. Cheryl will ensure that your constitutional rights are upheld throughout the process and that you are treated fairly under the law.
2. Challenging Protective Orders
In many family violence cases, the alleged victim may seek a protective order (also known as a restraining order). These orders can prevent you from returning to your home, seeing your children, or owning firearms. Cheryl will challenge any unnecessary or excessive protective orders, working to protect your rights and keep your family together.
3. Negotiating with Prosecutors
Depending on the facts of your case, it may be possible to negotiate with the prosecution for reduced charges, alternative sentencing, or even case dismissal. Cheryl has experience working with prosecutors to reach favorable outcomes for her clients, including the possibility of deferred adjudication or probation instead of jail time.
4. Experienced Trial Representation
If your case goes to trial, you need an attorney with courtroom experience who can effectively present your defense. Cheryl A. Wulf has successfully defended clients in Smith County and Tyler courtrooms, and she will work tirelessly to challenge the prosecution’s evidence and fight for your freedom.
What to Expect During a Family Violence Case
If you’ve been accused of family violence, the legal process can be overwhelming. Here’s a general overview of what to expect:
- Arrest: Many family violence cases begin with an arrest, sometimes based on a 911 call or a report from the alleged victim. In Texas, police are often required to make an arrest if they believe family violence has occurred.
- Protective Orders: After an arrest, the alleged victim may request a protective order, which could prevent you from contacting the victim, returning to your home, or seeing your children.
- Court Appearances: Your case will proceed through various stages, including arraignment, pretrial motions, and possibly trial. Throughout this process, your attorney will work to build your defense and challenge the prosecution’s case.
- Trial or Plea Negotiations: Depending on the strength of the evidence, your case may go to trial, or your attorney may negotiate a plea deal that results in reduced charges or a more favorable sentence.
How Cheryl A. Wulf Can Help with Your Family Violence Case
At Cheryl A. Wulf, Attorney at Law, Cheryl understands how emotionally charged family violence cases can be. She is dedicated to providing compassionate, aggressive legal representation to protect your rights and your future.
Here’s how Cheryl can help:
- Investigate the details of your case and gather evidence to build a strong defense.
- Challenge false accusations and fight back against exaggerated claims made by the alleged victim.
- Negotiate with prosecutors to reduce or dismiss charges when possible.
- Represent you in court, providing a powerful defense to ensure the best possible outcome for your case.
Conclusion
Family violence charges can have long-lasting effects on your life, family, and freedom. If you’re facing family violence allegations in Tyler, TX, or Smith County, it’s essential to have an experienced defense lawyer like Cheryl A. Wulf on your side to protect your rights and fight for your future.
For a consultation, contact Cheryl A. Wulf, Attorney at Law at (903) 525-9869 or visit her office at 11702 Hwy 64 E, Tyler, TX 75707.
