The charge of Assault against a family member is generally handled more harshly than other types of Assault. The charge of Assault (bodily injury) to a family member is punishable by up to a year in jail and a fine of up to $4000. If a person has been convicted before for Assault on a family member, the punishment is up to 10 years in prison and a fine of up to $10,000.
TWO COMMON ISSUES IN FAMILY ASSAULT CASES
Family Protective Orders
Often, when a person is accused of assaulting a family member, the complaining witness will get a family protective order. These orders are generally for one year and command the accused to stay away from the complaining witness or their home or work. When these are filed the accused generally has to find a place to live until the order expires or is rescinded by the judge. These orders are enforceable by arrest, and carry up to a year in jail as a punishment if violated. Violating a Protective Order is the only offense in Texas where an officer is REQUIRED BY LAW to make an arrest without a warrant if they see it violated.
Affidavits of Non-Prosecution
Complaining witnesses in family assault cases often want to approach the prosecutor after the case is filed and ask them to drop the charges. The witness is required to sign an affidavit (a sworn statement of facts). In some cases this will be successful, but these cases are rare. If the assault involved serious injury, or if the accused has a prior record of assault, it is least likely to be dismissed at the request of the complainant. Since legally the State is the victim of all criminal offenses, the desire of the complaining witness not to pursue the charge is not binding on the prosecutor. This sentiment is common in family assault cases, and the prosecutors are accustomed to pursuing these cases without the complainant's cooperation. In Harris County, Texas there are special prosecutors who handle cases where the complainant does not want to cooperate. These prosecutors are trained and practiced in arguing Assault cases when complaining witnesses do not cooperate.
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