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Karnes City protective order violation defense attorney

Being convicted of family violence charges is a serious crime, especially if children are involved. Domestic violence can come in many forms, including physical, sexual, and emotional abuse. Many victims will file an order of protection to distance themselves from their abuser before seeking domestic violence charges. Some people who file for orders of protection feel the need to take legal measures to feel safe, whether abuse occurred or not. Orders of protection are not difficult to obtain, and if one is filed against you, it is crucial to know the rules and regulations behind the court order to avoid facing serious criminal consequences.

Who Can File For an Order of Protection?

Orders of protection, commonly known as restraining orders, are set in place by the court to protect the petitioner from someone who has been violent toward him or her or has threatened violence. This is a common security measure taken by those who have been victims of sexual abuse. All of the following must be true to file for an order of protection:

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Floresville assault and battery defense attorney

In many states, assault and battery are treated as separate crimes. Assault and battery have different criminal definitions and thus result in distinctive penalties in the states that prosecute them separately. But what about the states that do not separate the two offenses? If they have different legal definitions, what are the consequences for committing them in the states that do not separate the two? For example, Texas does not distinguish between assault and battery. Therefore, it is important to know the distinction between the crimes in the event you or someone you know faces these allegations.   

What Is the Difference Between Assault and Battery?

An action is considered an “assault” if someone threatens another person with “imminent” bodily injury. In other words, no physical harm has to be done in order for someone to be charged with assault in the states that separate the two. For instance, if an individual threw a punch and missed the intended party, the offender could be charged with assault since imminent danger was assumed by the potentially injured party. Battery charges require physical contact, which can be deemed “offensive” or “injurious.” These two offenses are so closely intertwined that Texas penal code 2201 does not distinguish between the two. Assault and battery are classified as one offense, labeled under the term “assault.” 

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