Domestic Violence

Domestic Violence Lawyer

On a search for a domestic violence lawyer in Austin?

Arrested for domestic violence? My loved one is in jail, what do I do now? You need an experienced domestic violence attorney and you need one right now!! If you are looking for domestic violence attorneys, Jarvis, Garcia, & Erskine Law are one of the Austin area’s top domestic violence litigators. At Jarvis, Garcia, & Erskine Law, we never give up fighting for you.

Call Jarvis, Garcia, & Erskine Law immediately: 512-359-3030.

      • Domestic Violence, Family Violence and Dating Violence are generally lumped together under the term “domestic violence.” Domestic violence is taken seriously in Texas. If you are involved in an assault where one of the other parties is a family member, roommate, or your boyfriend or girlfriend, it’s a whole different ball game. Make sure you have the right domestic violence attorney. 
      • In many cases, the first person to call 911 is deemed the victim, regardless of what actually happened, and the first person to speak with an officer sets the narrative that shows up in the police reports.
      • Many times, busy police would rather separate the people involved by hauling one of them off to jail than take the time to perform a complete and thorough investigation.
      • Calling the police during a domestic dispute will likely result in someone being arrested. Responding officers frequently conduct sloppy investigations, jump to conclusions, and arrest innocent people for domestic or family assault.
      • Hiring an experienced domestic violence attorney in Austin is critical after a physical altercation and arrest. All too often, arguments break out and quickly escalate. It happens between friends, roommates, family members, spouses, and complete strangers. When the situation turns physical, the relationship status between people involved, the criminal history of people involved, the seriousness of any resulting injuries, and the involvement of any choking or weapons can drastically affect what can happen if the police show up.
      • False allegations in these types of cases can lead to several unfortunate consequences such as costs to get bailed out of jail, time spent away from work and family while going to court to fight the case—not to mention the humiliation of getting arrested in the first place and the cost of hiring an experienced domestic violence attorney in Austin.
      • “Well, the alleged victim wants to drop charges, so this should all just go away.” No, that’s not true. In these cases, the State of Texas is the one charging a crime and only a prosecutor has the power to dismiss the case. Prosecutors can, and often will, continue on with a case even without a cooperating witness.
      • The outcome of your assault case can be very different with the help of an experienced Austin assault attorney.
      • To set up a free consultation and discuss your case with an experienced domestic violence attorney in Austin, call Jarvis, Garcia, & Erskine Law at 512-359-3030.

What is an Assault?

  • An assault can occur if someone intentionally or knowingly:
  • causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative;
  • threatens another with imminent bodily injury; or
  • causes bodily injury to another (this can occur through reckless action).

What is the difference between a Protective Order and Restraining Order?

  • A Magistrate’s Order for Emergency Protection, often referred to as an EPO, can be issued by a judge handling an accusation involving either sexual assault, assault on a family member, or stalking at the request of an alleged victim, a police officer or a prosecutor. This Temporary Protective Order can prohibit the arrested person from committing future assaults, as well as communicating (talking, texting, emailing, etc.) directly with the victim or through someone else in a threatening or harassing manner. These orders usually last for no more than 60 days. However, in many cases, Prosecutors also file for bond conditions, or “No Contact Orders,” prohibiting certain contact or communications that can last the duration of a pending criminal case. Additionally, through a Protective Order, the judge can order the defendant to stay away from the residence or job of the alleged victim. This condition typically causes the biggest problems for people dealing with this situation when they either live or work with the person accusing them. The judge can also order a GPS monitoring device to make sure the order is being followed.
  • Another common occurrence is a civil protective order filing, often done by the same prosecuting office accusing you of a crime.  If you have been served with a civil protective order filing, call us immediately. This order can be put in place for up to two years to protect a family member, spouse or ex, and/or children from acts of family violence, or for life in instances of stalking or sexual assault. The judge can also order that you not be allowed to own guns!
  • There does not need to be a criminal case for a judge to sign off, and the consequences can be severe.
  • Judges in criminal case can also issue a No Contact Order as a bond condition to protect the person that made an allegation. This type of condition is especially problematic for someone who has children with or lives with the alleged victim. If the defendant violates the order, the judge can revoke the bond, issue an arrest warrant and raise the amount of the bail after the defendant is taken back into custody—which results in more money spent and more time in jail for the defendant. This is why you need to call Jarvis, Garcia, & Erskine Law immediately at 512-359-3030.
  • Unlike the majority of Protective Orders, a Restraining Order comes from a judge in a civil court. There are orders that are temporarily in place while a divorce or child custody matter is pending, but they can potentially become permanent depending on the outcome of the case. The judge can even issue an emergency order without ever hearing both sides of the story. If you find yourself accused of committing family violence in a family case (e.g., divorce, child custody, etc.), you should speak with an experienced assault attorney in Austin about your situation. What happens in a civil court could end with you in deeper waters at the criminal courthouse.

What Happens If I Violate a Protective Order?

  • There are many ways that someone can violate a Protective Order. If it gets reported to the court, the accused could have to deal with any number of additional problems, including the following:
    • bond revoked on original case
    • going back to jail on an arrest warrant
    • paying for a new and higher bail
    • new charges for a misdemeanor or felony

As you can see, a lie or exaggeration about what happened during an altercation you are involved in could create a ridiculous amount of restrictions and problems for you. At Jarvis, Garcia, & Erskine Law, your go-to domestic violence attorney in Austin, we will thoroughly investigate and cross-examine whoever is accusing you of assault, domestic violence, stalking, sexual assault or violation of a Protective Order. Call now for a free consultation with a domestic violence attorney in Austin to begin preparing your best defense.