Yes, it can be, the privilege of therapy is not actually immune from the prosecutor getting those records and seeing what the alleged defendant or my client has told the therapist. So, I recommend it on a case by case basis.
The Steps That Someone Needs To Take After Being Charged With Domestic Violence
The first thing you should do is contact a lawyer. You should contact my office. Look for a lawyer for the right advice and be honest with the lawyer as to what happened, what precipitated the alleged incident and talk to the lawyer about any type of evidence that may exist. What witnesses there may be or what physical evidence there may be. Also what motive the complainant or the victim may have to make up allegations or to exaggerate what actually may have happened.
Secondly, the person should not make a statement to the police, because there is a zero tolerance policy. If the police are called out to an assault and they believe one occurred, they are going to make an arrest. Often a defendant making a statement being nervous and all because the police are there, or, just being excited, angry, or whatever, that person will often say things that they will later regret, and or things that actually did not happen, and the police will use that against them.
Can Domestic Violence Records or Charges Ever Be Expunged or Sealed In Texas?
You can only get an expungement if your case is dismissed or you are found not guilty and a domestic violence case conviction and or deferred probation cannot be sealed. So a conviction or probation for a domestic violence offense can carry very severe punishments. It can have severe repercussions on someone’s record and or employment history. If someone seeks to get an application to live in an apartment, if the apartment complex runs an investigative history and finds that that person has been convicted or placed on deferred probation for a domestic assault, they will not lease an apartment to them.
What Are Viable Defenses Utilized In Domestic Violence Cases?
These cases are defendable; especially if there is a divorce, child custody arrangement, or anything like that could be a motivating factor for the charges being filed and or exaggerated. Often what makes the case domestic violence is that a relationship existed between the parties. People get angry, people have fights and people express those feelings and those actions in their relationships differently than a lot of other people. The case may sound serious and the alleged victim made some serious allegations against my client when they first spoke to the police, but after time I find that those original feelings or those genuine feelings of love and caring for each other often surface.
The alleged victim will contact my client through text messaging, email, Facebook, or call them and leave voicemails that they are sorry that they lied to the police and the prosecutor and I can often use that evidence to help my client in the case. To help him get it dismissed or to help the charges be reduced. It depends on the case, but sometimes self-defense can be a good defense in some cases, but it is a case by case basis. It often depends on the evidence that exists in the police report or if there is any physical evidence or witnesses in the case.
The Importance of Retaining an Experienced Attorney for Domestic Violence Cases
It is very important to have an attorney that is experienced with these types of cases. While I worked at the district attorney’s office as a prosecutor, I was assigned to the domestic violence section for a year or so. I had experience in what these investigations should include as evidence, what evidence the police officers should look for and try to find at the scene. So you want an attorney who can look at the police report and know what evidence they should look for. Or why that evidence is not there.
You need an attorney who has experience interviewing witnesses and evaluating witness statements to look for inconsistencies and look for reasons as to why the alleged victim may be exaggerating, or why the offense did not happen. You want an attorney who knows the law inside and out regarding domestic violence cases, because even if you get deferred probation, that can have severe ramifications on your future and career, as in where are you going to live and if you were to ever commit a crime it can be used against you to enhance punishments all the way up into a serious felony.
For more information on Counseling for Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 228-1400 today.
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