Domestic Violence Attorney in Midland
Defending Your Rights & Providing Personalized Care in Midland, TX
At Sarabia Law Firm, we understand the serious implications of a family violence charge. As native residents of Odessa and Midland, our attorneys are deeply familiar with the Permian Basin's legal landscape, allowing us to provide you with personalized and informed legal support. We are committed to standing by your side, offering transparent guidance through every stage of your case.
With domestic violence cases on the rise, it's crucial to have a legal team deeply rooted in the local community that can respond promptly and knowledgeably. Our team is well-versed in local court practices and the unique challenges faced by residents in Midland, and we pride ourselves on being a reliable partner in your legal journey.
Speak with a trusted domestic violence attorney in Midland today. Free consultations available — call (432) 224-8036 or message us online now.
Understanding Family Violence Laws in Texas
In Texas, "family violence" is legally defined by Texas Family Code § 71.004. It means "an act by a member of a family or household against another member of the family or household, or by a member of a dating relationship against another member of the dating relationship, that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of physical harm, bodily injury, assault, or sexual assault."
Key Definitions:
- Family or Household Member: This is a broad definition and is crucial for the family violence designation. It includes:
- Individuals related by blood or marriage (e.g., spouses, parents, children, siblings, in-laws).
- Foster children and foster parents.
- Individuals who are parents of the same child, regardless of whether they have been married.
- Individuals who are or have been members of the same household (this can include roommates).
- Underlying Crime: Family violence is not a standalone crime. It is an enhancement or an aggravating factor that is attached to another underlying criminal charge. The penalties for the underlying crime are then often increased, and special conditions related to family violence apply.
- Examples of underlying crimes that can become family violence offenses (when committed against a family/household member or dating partner): Assault, Battery, Aggravated Assault, Aggravated Battery, Sexual Assault, Sexual Battery, Stalking, Kidnapping, False Imprisonment or any criminal offense resulting in physical injury or death.
Cases We Handle
Our Firm Stands With You
Potential Defense Strategies Against Family Violence Charges in Midland
Successfully defending against family violence charges in Texas is not an automatic conviction. Our approach involves a detailed understanding of legal procedures, forensic science, and assertive negotiation, as these cases are often complex. We meticulously investigate every detail to identify weaknesses in the prosecution's evidence and explore all available legal avenues.
- Self-Defense / Defense of Others: Argue justified use of force (including deadly force) to protect self or others from unlawful force, leveraging "Reasonable Belief," "Initial Aggressor" exceptions, "Stand Your Ground," and "Castle Doctrine."
- Defense of Property: Assert justified use of force (even deadly force in limited cases) to protect personal or another's property from trespass or theft.
- False Accusations / Fabricated Allegations: Investigate accuser's credibility, motives (e.g., revenge, child custody disputes), and highlight inconsistencies in their statements.
- Accident: Argue that alleged injury or property damage was purely accidental, lacking the necessary criminal intent.
- Lack of Evidence: Contend prosecution lacks sufficient credible evidence to prove every element beyond a reasonable doubt, seeking dismissal or acquittal.
- Constitutional Violations: File motions to suppress evidence obtained through unlawful search/seizure, coerced confessions, or Miranda/right to counsel violations.
- Mistaken Identity/Alibi: Prove you were not the perpetrator or were in a different location at the time of the alleged crime.
- No "Family or Household Member" / "Dating Relationship": Argue the relationship does not meet the legal definition for a family violence enhancement.
- No Coercion, Control, etc. (for certain underlying offenses): Argue the act was not committed as a method of coercion, control, punishment, intimidation, or revenge in an intimate relationship.
- Mutual Combat / Mutual Affray: Argue that both parties willingly engaged in the physical altercation, potentially leading to charge reduction or lighter sentencing.
Why Choose Sarabia Law Firm
Our firm offers a combination of local expertise, personalized legal representation, and commitment to technology and communication:
- Local Expertise: Our attorneys, being long-time Odessa residents, have extensive insight into local court practices and community expectations.
- Personalized Attention: We develop strategies tailored to your case, prioritizing open communication and personalized care.
- Free Consultations: We offer free initial consultations, ensuring you understand your legal standing without any upfront financial burden.
- Cutting-Edge Technology: Utilizing the latest legal technologies allows us to provide efficient and current legal services.
Choosing us not only means access to seasoned legal professionals but also a joint commitment to effective and ethical representation. Our team diligently works to investigate every aspect of your situation, drawing on years of experience and a genuine commitment to seeking justice for each individual.
Your Path Forward: Call Us Today
If you're facing domestic violence charges in Midland, it's important to seek experienced legal guidance. At Sarabia Law Firm, we are here to lessen the stress of your situation with our community-focused and technologically advanced approach to legal representation.
Reach out to us online or by calling (432) 224-8036 for a free consultation. Let us help you to understand your rights, explore your legal options, and plan your defense.
Real Stories From Real People
Our Firm Stands With You
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"I can’t thank him enough!"
He made my experience dealing with my legal affairs incredibly easy and the value he provided my family was incredible through a tough time.- Noe G. -
"A true professional in his field."
I higly recommend Mr. Sarabia for counsel. He is very communicative and kept my expectations realistic. I had a great experience and outcome.- Lia I. -
"He did a wonderful job advocating for me."
Hands down the best attorney. Not only did he believe in me and my criminal case as if I was his own family, he consistently communicated with me throughout the entire ordeal.- Megan M. -
"Thank you guys for your amazing services."
I hired Sarabia law firm and I'm extremely happy and completely satisfied with their services, they were able to get my case dismissed and kept in touch with me the entire time. Thank you guys for your amazing services.- Yesenia O.
FAQs About Domestic Violence Charges in Midland
What Should I Do If I Am Charged With Domestic Violence in Midland?
If you are charged with domestic violence in Midland, it’s essential to remain calm, avoid speaking to law enforcement without legal representation, and contact a criminal defense attorney as soon as possible. Early legal counsel helps protect your rights and ensures your first actions don’t unintentionally damage your case. At Sarabia Law Firm, we immediately begin evaluating evidence and guiding clients through every step of the legal process, offering practical advice and peace of mind from the beginning.
What Are the Legal Consequences of a Domestic Violence Conviction?
Domestic violence convictions in Midland can lead to jail time, steep fines, and mandatory counseling. Beyond criminal penalties, you may face loss of firearm rights, difficulty finding housing or employment, and restrictions in child custody matters. Our attorneys focus on minimizing both the immediate legal consequences and the long-term personal fallout, seeking rehabilitative options and advocating for reduced or alternative sentencing when appropriate.
What Role Do Protective Orders Play in These Cases?
Protective orders often accompany domestic violence allegations and can limit contact with the alleged victim or even require you to vacate your home. Violating these orders, even accidentally, can result in additional criminal charges. At Sarabia Law Firm, we guide clients through the restrictions, help request modifications if the order is unfair, and ensure full compliance to avoid further complications while defending the underlying charge.
Can I Be Charged with Domestic Violence Without Physical Injury?
Yes, a domestic violence charge doesn’t require proof of physical harm. Threats, intimidation, or unwanted physical contact may also qualify, depending on the circumstances and the alleged victim’s testimony. These cases often hinge on conflicting accounts, so our firm focuses on challenging inconsistencies and highlighting any lack of concrete evidence to strengthen your defense.
How Should I Respond If the Alleged Victim Wants to Drop the Charges?
Even if the alleged victim decides not to pursue charges, prosecutors may still move forward with the case. Domestic violence charges in Texas are considered crimes against the state, not just the individual. At Sarabia Law Firm, we help clients navigate this complex situation and, where appropriate, work with the court to present the victim’s request as part of a broader effort to resolve the case favorably.