Dallas, TX asked in Criminal Law for Texas

Q: If the state picks up charges on my boyfriend for continuous family violence would us getting married before trial help

Related Topics:
3 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Marriage does not change the elements of the offense of Assault but it makes it slightly easier for the state to prove the existence of a relationship that qualifies as Family Violence under chapter 71 of the Family Code. That relationship is necessary to get to the "2+ within 12" enhancement from multiple class A's to an F3. The prosecution will almost certainly want to call you to testify about two or more assaults within a 12-month period so the issue of proving a Dating vs. Marriage relationship is probably just academic unless you fully recanted and your boyfriend's attorney is trying to eliminate other valid reasons the state might have to call you (other than to impeach you with a prior inconsistent statement.)

Ask your boyfriend's attorney if marriage would be helpful in any other context like mitigation or changing the motivation of the prosecutor.

Herman Martinez
Herman Martinez
PREMIUM
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: Unlikely, these type of charges are filed against boyfriends and husband alike. The fact that they are married does not impact the case.

Kiele Linroth Pace agrees with this answer

Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Get married because you want to be married, not because of any criminal case. Talk with your boyfriend's attorney about the evidence the State has, and ask about spousal immunity with respect to testifying. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.