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  • Writer's pictureBrian Foley

Montgomery County ASSAULT - (CLASS A) FAMILY VIOLENCE(FV)

What is ASSAULT - (CLASS A) FAMILY VIOLENCE(FV)? In Montgomery County, Texas ASSAULT - (CLASS A) FAMILY VIOLENCE(FV) means that you have been charged under Texas Penal Code 22.01 causing bodily injury to another and the person that you are alleged to have caused bodily injury to is a member of your family, someone you have dated, or someone with whom you live. The punishment range for a Class A misdemeanor is up to 365 days in jail and up to a $4,000 fine or 2 years of probation. These offense enhance, which means that if you are charged with another assault family violence case in the future and you have a previous conviction then you will be charged with a felony instead of a class A misdemeanor.


So what does it mean if you're charged with ASSAULT - (CLASS A) FAMILY VIOLENCE(FV)? The first thing it can mean is that you've been brought to the jail where you will have to stay until the next morning when a judge will determine what amount of bond to set for you and most likely put in place an emergency protective order and bond conditions.


In Texas, an emergency protective order (EPO) is a type of protective order that can be issued in cases of family violence following an arrest, as authorized by the Texas Penal Code Chapter 22.01 (Assaultive Offenses) and the Texas Code of Criminal Procedure Chapter 17 (Victims of Family Violence, Sexual Assault, or Stalking). An EPO is designed to provide immediate protection to a victim of family violence and is typically issued by a magistrate or a judge upon request or as part of standard procedures following an arrest for family violence.


An EPO may contain various provisions depending on the circumstances of the case, but typically includes the following:

  1. No contact: The EPO may prohibit the person arrested (the defendant) from having any contact with the victim, including in person, by phone, text, email, or through third parties.

  2. Stay away: The EPO may require the defendant to stay a certain distance away from the victim's home, workplace, school, or other specified locations.

  3. Temporary possession of property: The EPO may grant the victim temporary possession of certain property, such as a residence or a vehicle, and restrict the defendant's access to it.

  4. Child custody and visitation: The EPO may address temporary custody and visitation arrangements for any children involved in the case, including specifying temporary custody to the victim and restricting or supervising the defendant's visitation.

  5. Firearms surrender: The EPO may require the defendant to surrender any firearms or ammunition they possess and prohibit them from acquiring or possessing firearms during the duration of the order.

  6. Other provisions: The EPO may include other provisions that are necessary to protect the victim and ensure their safety, such as prohibiting the defendant from threatening or harassing the victim, or ordering the defendant to attend counseling or treatment programs.

It's important to note that an EPO is a temporary order that typically lasts for a limited duration, usually up to 61 days or until a full hearing can be held to determine whether a longer-term protective order should be issued. The EPO must be served on the defendant to be enforceable, and violating an EPO is a criminal offense in Texas.


If you are involved in a situation that may require an emergency protective order in Texas, it's important to seek legal advice from a qualified attorney or advocate, as the specific procedures and requirements can vary depending on the circumstances and jurisdiction.


In Texas, Assault Family Member cases, also known as domestic violence cases, involve allegations of assault or other violent offenses committed against a family member, household member, or dating partner, as defined by the Texas Penal Code. Family violence findings are legal determinations made by the court regarding whether an act constitutes an act of family violence.


Family violence is defined under the Texas Penal Code Section 71.004 as an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that constitutes a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault. Family or household members include spouses, former spouses, parents, children, foster children, roommates, and individuals in a dating relationship.


In Assault Family Member cases, self-defense can be a legal defense that a defendant may raise, asserting that they used force against a family member in order to protect themselves from imminent harm or bodily injury. The Texas Penal Code Section 9.31 and 9.32 outline the laws related to self-defense in Texas.

Texas Penal Code Section 9.31 allows a person to use force, including deadly force, against another person when they reasonably believe it is immediately necessary to protect themselves against the other person's use or attempted use of unlawful force. This applies to situations where the defendant believes that the family member they are accused of assaulting was using or attempting to use unlawful force against them.



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