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Baytown Domestic Violence Attorney

Domestic violence is a criminal case that is both tricky and sensitive. Many victims are not sure what constitutes domestic violence, and some are simply hesitant, ashamed, or afraid to press charges against a family member. This is where John Buchmiller & Associates LLC can offer necessary legal services.

Domestic Violence Attorney Houston

We are a highly regarded law firm with experienced professional lawyers. Our team is more than capable of leading you to the best legal solution for your case. We can help protect you from your abuser both during and after the case and strategically represent you before the court at the same time.

If you are experiencing any type of abuse within your household or from a person you are romantically involved with, our Baytown domestic violence lawyers can hear your story without any judgment nor any fee for your initial consultation. Every detail will be held with the utmost confidentiality, so don’t be afraid to talk to us.

Call John Buchmiller & Associates LLC today at (713) 528-8133 for your Free Consultation with a Baytown Domestic Violence lawyer!

Defining Domestic Violence

Although common domestic violence cases occur in the form of physical abuse between married couples, it also happens in other relationships and through different kinds of abuse.

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As stated in the Texas Family Code, domestic violence is described as an act of a family member, household member, or victim’s current or former dating partner that causes physical harm, bodily injury, assault, or threat of imminent physical harm. These acts can be done intentionally, knowingly, or recklessly.

Family violence is done by individuals related to the victim by either blood or affinity, including:

1. Spouse
2. Former spouse
3. Adopted children
4. Foster children
5. Foster parents
6. Children
7. Grandchildren
8. Parents
9. Grandparents
10. Siblings
11. Aunts and uncles
12. Cousins

Dating violence is done by whom the victim is romantically involved with even if they’re not living under the same roof. Household member violence, on the other hand, is committed by someone who currently or formerly lived with the victim regardless of their relation.

The Texas law has three classifications for domestic violence: domestic assault, aggravated domestic assault, and continuous violence against the family.

Baytown Domestic Violence Attorney domestic violence attorney 1Domestic assault is a Class A misdemeanor if the offender is without any domestic assault convictions. However, if the offender has prior domestic assault convictions, the crime will be a third-degree felony.

Aggravated domestic assault is a first-degree felony if it was committed with a deadly weapon and results in serious bodily injuries to the victim. Any other level or type of aggravated domestic assault is then classified as a second-degree felony.

Continuous violence against the family is done if the offender commits two domestic assaults within twelve months. These two assaults don’t need to end in an arrest or conviction nor committed to the same victim. This crime is then charged as a third-degree felony.

Legal Protection From Violence

John Buchmiller & Associates LLC is well-versed when it comes to domestic violence law in Texas. We will ensure that aside from getting the justice you deserve, you will be protected from your abuser while the case is being heard and even after a resolution was made.

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Our Baytown domestic violence lawyers will help you file for a protective order appropriate for your specific case. There are three types of protective orders that can be granted to a domestic violence victim: temporary ex parte protective order, final (permanent) protective order, and magistrate’s order of emergency protection, a.k.a. emergency protective order.

Temporary ex parte order can give you or your family member immediate protection from your abuser. You can get this order from the court even without the presence of the abuser. This usually lasts for up to 20 days but can be extended if you request it or if the abuser has not been served yet.

Permanent protective order lasts for the specified period stated on the order, generally a maximum of two years. If it weren’t specified, the order would expire on the second anniversary of the date it was issued. However, it can be extended if the court believes it is likely that domestic violence will still be committed in the future.

Magistrate’s order for emergency protection is issued after the arrest of an abuser due to family violence, sexual abuse, sexual assault, indecent assault, stalking, or trafficking. This can be granted even without you in the court and usually lasts for 31-61 days. However, if the abuser used or displayed a deadly weapon, the magistrate must issue this order even without any request and have it last for 61-91 days.

We will help you prepare the needed documents to apply for the protective order that’s fit for your case. More importantly, we will represent you before the court and present your case in the best way possible—giving your abuser the punishment they deserve!

Let’s Talk Now – Free Consultation

Baytown Domestic Violence Attorney john logo 1The safety of your family members, as well as yours, should be on top of your priority. If you or someone else has been experiencing abuse from their family, household member, or dating partner, do not hesitate and call for help.

John Buchmiller & Associates LLC has a team of Baytown, TX domestic violence lawyers who can give the legal protection and representation that you need. Talk to us today, and we will immediately work to ensure your safety and prepare to get the justice you deserve at the same time.

Call John Buchmiller & Associates LLC today at (713) 528-8133 for your Free Consultation with a Baytown Domestic Violence lawyer!