Serious bodily injury means any injury that could be deadly or cause long-term disability. Criminal restraint may also exist if you are subjected to a life of servitude against your will. If an abuser is keeping you somewhere you do not want to be and will not let you go, the abuser may be guilty of false imprisonment.
False imprisonment is different from criminal restraint in that false imprisonment does not require risk of serious bodily injury. Burglary may be committed in two ways.
If a person secretly hides out in a house or other secured building without permission to be there with the intent to commit a crime inside that house or building, that person may have committed an act of burglary.
Criminal sexual contact N. A person who uses force or coercion such as bullying or threatening violence to have sexual contact with another person may be guilty of criminal sexual contact. Without freely given consent to the sexual activity, the contact may be considered to be by force or coercion. Criminal sexual contact may also include situations where the abuser physically overpowers the victim.
The abuser must be doing this for personal sexual pleasure or to humiliate or degrade the victim. Sexual assault is any instance where an abuser uses force or coercion to sexually penetrate another person. Force or coercion may mean a time where the victim does not provide freely given consent to the sexual activity but may also include the abuser physically overpowering the victim. Sexual penetration means vaginal sex, anal sex, oral sex, or putting fingers or objects into the vagina or anus.
It does not matter if the penetration was done by the abuser personally or if the abuser ordered the victim to commit the penetration. Kidnapping is when an abuser takes a victim from where he or she is presently located to another location. To commit a kidnapping, it must be done by force, threat, or deception. Kidnapping may be defined as the act of an abuser confining a victim as a hostage or for ransom. Kidnapping may also be defined as when an abuser keeps a victim somewhere for a long time to hurt or scare the victim.
A person is a stalker if that person, more than once, stares at another person for a long time, follows someone or sends other people to follow someone, interferes with the belongings of another person, harasses another person, or sends threats in any way to another person.
The stalker must have done any of these actions on purpose or must have known that it was likely to make the victim feel scared or uncomfortable. A stalker may also stalk another person in order to scare you. If an abuser is convicted of stalking in criminal court, the victim may receive a separate criminal restraining order. Parents may file a complaint for a restraining order based on stalking on behalf of their children.
A common example of this is a person who exposes his or her private parts for their own gratification to a non-consenting person.
If someone enters or hides out in a house or other building and does not have permission to be there, that person may be guilty of criminal trespass. The person must also know that he or she needed permission or did not have permission to be there.
Some places will not allow people to enter. There might be a guard keeping people out of a building or part of a building, a sign telling people not to enter, or a fence or locked door blocking people from entering. If a person ignores restrictions such as signs, locked doors, fences, or a security guard and enters anyway, that person may be guilty of criminal trespass.
There are times when people do not expect to have anyone watching them, such as when they are sleeping or in the bathroom. If someone is peeking in through windows to watch another person in a home and the person being watched did not reasonably expect to be watched, the person peeking may also be guilty of criminal trespass.
Homicide is the crime of one person causing the death of another person. An attempted homicide may be part of a final restraining order hearing. Criminal coercion is more than just a threat. Market Your Law Firm. Lawyer Directory. Call us at 1 Texas Family Violence Crimes. A person who commits an act of family violence in Texas can face serious criminal penalties, including jail or prison time, hefty fines, restrictions on firearm possession. Defining Family Violence in Texas The law defines what constitutes family violence—what acts and by whom.
Family violence includes any of the following: an act by one "family or household member" against another that threatens or results in physical harm, bodily injury, assault , or sexual assault child abuse involving a family or household member, or dating violence. Family and household members are individuals who share one of the following relationships: current or former spouses parents of the same child foster child and parent relatives by blood, marriage, or adoption current or former co-residents, and current or former dating or romantic partners.
Domestic Assault A person commits assault by: purposely or carelessly causing bodily injury to another intentionally threatening another with imminent bodily injury, or intentionally engaging in provocative or offensive contact. Penalties for Domestic Assault Domestic assault carries both misdemeanor and felony penalties.
Aggravated Domestic Assault A person commits aggravated domestic assault in Texas when the assault causes serious bodily injury to another or involves the use or exhibition of a deadly weapon. Continuous Violence Against the Family A person in Texas can be convicted of a felony for continuous violence against the family by committing two or more domestic assaults in twelve months.
Violation of a Family Protective Order Violating a family protective order , such as by having prohibited contact with the victim, constitutes a class A misdemeanor. Sentencing Alternatives Texas law provides certain alternatives to a jail or prison sentence for offenders charged with or convicted of domestic assault.
Family Violence Arrests, Bail, and Firearm Restrictions In addition to incarceration and fines, Texas law imposes the following conditions, restrictions, and penalties for family violence cases.
Arrests When police officers have probable cause to believe someone committed a crime involving family violence, they may arrest the suspect without a warrant. Bail and Bond Conditions Bond conditions in family violence cases may include ordering the defendant to stay away from and have no contact with the victim, requiring GPS monitoring, and prohibiting possession of firearms.
Firearm Restrictions A defendant convicted of a family violence offense loses the right to possess firearms. Talk to a Lawyer If you've been charged with an offense involving family violence or a related crime, contact a local criminal defense attorney today. Talk to a Lawyer Start here to find criminal defense lawyers near you.
Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. When a victim calls the police and makes an allegation that a member of his or her household has committed a violent act against them, the police that respond are required to make an arrest.
Then, it is up to the prosecutor whether or not to press charges. The victim in the situation cannot decide to drop charges.
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