485 Milam Street Beaumont, Texas 77701
(409) 832.7757
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Family Violence
Domestic Violence Defense Lawyer

Beaumont Domestic Violence Lawyer

Dustin Galmor is one of Beaumont’s leading domestic violence lawyers and will make every effort to fight the allegations against you and help you avoid serious punishments and consequences to your alleged domestic violence charge. Contact us today for a free consultation so we can discuss your alleged family violence charge and determine which options will be most effective in your case.

If you have been accused of domestic violence in Beaumont, or any of it’s surrounding areas including Lumberton, Silsbee, Kountze Neederland, Port Neches, Port Arthur, Vidor, Orange, Sour Lake, Bridge City, Mauriceville, Little Cypress, Winnie, Crystal Beach, Sabine Pass or Galveston, contact the Law Offices of Galmor, Stovall & Gilthorpe by calling (409) 832.7757 to discuss your case with one of the most effective domestic violence defense lawyers in Beaumont.

Definitions of Domestic Violence

In most cases, family violence or domestic violence situations involve terms that are unfamiliar to the majority people and vary from those used other criminal proceedings. As defined in Chapter 71 of the Texas Family Code, many of these terms are listed below.

Family Violence Family violence is often more commonly referred to as domestic violence, domestic abuse or dating violence, and is defined as an intentional act by one family member against another to cause physical harm, bodily injury, assault or sexual assault.
Dating Violence Dating violence is defined as an intentional act by a person in a dating relationship against a person they are currently in a dating relationship with or were previously in a dating relationship with that causes physical or bodily harm.
Family Member A family member is anyone who is related by blood, related by marriage, a former spouse, parents of the same child, foster parents or step-parents.
Household Member A household member is anyone who resides or has previously resided in the same home. This includes individuals who are not in the same family, such as roommates.
Protective Order A protective order is generally more commonly referred to as a restraining order, protection against family violence, or protection order, and is a court order issued if the judge determines family violence has occurred and is likely to occur again.
Protective Order Hearing At a protective order hearing, the judge determines whether family violence has occurred and is likely to occur in the future after both sides present evidence and any witnesses. The judge will issue a protective order if they determine family violence has occurred.

Types of Domestic Violence Offenses

Some of the more common family or domestic violence offenses in Beaumont can include, but are not limited to the following:

According to Texas Penal Code 22.01, an individual can be charged with domestic assault if they intentionally, knowingly or recklessly cause bodily injury, threaten or physically contact a family member, household member or person they are in a dating relationship with.
As defined in Texas Penal Code 22.02 an individual can be charged with aggravated domestic assault if they commit assault with a deadly weapon against a family member or cause serious bodily injury to a family member, household member or person they are in a dating relationship with.
25.07 of the Texas Penal Code defines a violation of a protective order as knowingly or intentionally violating the terms of a protective order against them. This can include communicating with the family member who requested the protective order or going to their home or place of business.

Texas Penal Code 42.072 defines stalking as repeatedly and knowingly engaging in conduct targeted at a specific person:

  • That they perceive as threatening
  • That causes them to be afraid they will be seriously harmed
  • That would cause a reasonable person to fear injury or death to herself or her family members

This offense can also include cyber-stalking, which is defined as communicating with another person through e-mail or other electronic means strictly to harass that person.

According to 22.04 of the Texas Penal Code, an individual can be charged with child abuse if they intentionally, knowingly, recklessly or with criminal negligence cause any type of serious bodily harm or injury to a child or elderly adult.

Punishments for Domestic Violence

Chapter 12 of the Texas Penal Code defines the general penalties to the majority of domestic violence offenses in Beaumont.  These penalties can vary due to the following factors:

Whether the victim was elderly
Whether the victim was disabled or a child
Whether a weapon was used during the commission of the offense
The degree of domestic violence
Whether bodily injury or death resulted from the offense
Whether the alleged offender has any previous criminal history

The statutory penalties for family/domestic violence in Beaumont are as follows:

Class C MisdemeanorDomestic violence conviction can result in a fine up to $500.
Class B MisdemeanorDomestic violence conviction can result in a jail sentence not more than 180 days and/or a fine up to $2,000.
Class A MisdemeanorA Conviction for violation of a protection order can receive a jail sentence up to one year and/or a fine up to $4,000.
3rd Degree FelonyA conviction of domestic violence, violation of a protective order, stalking, or child abuse offense can result in a prison sentence ranging from two to ten years and/or a fine not more than $10,000.
2nd Degree FelonyA conviction of domestic assault, aggravated domestic assault, stalking or child abuse offense can receive a prison sentence ranging from two to 20 years and/or a fine up to $10,000.
1st Degree Felony A conviction of aggravated domestic assault or child abuse offense can receive a prison term from five to 99 years or life imprisonment and/or a fine not more than $10,000.

Additionally, according to Texas Penal Code 25.11 anyone who commits continuous violence against a family or household member can be convicted of a 3rd degree felony offense. Contiguous violence is defined as committing a family violence offense two or more times within a 12 month period.

Resources for Domestic Violence Victims

If you or someone you know is having substance abuse problems and are in need of rehabilitation, contact one of the facilities below for screening and assessment.

Family Services of Southeast Texas – Strengthening and empowering families through accessible counseling services, shelter services, education and advocacy.

Franklin House – is primarily funded by the Texas Department of State Health Services, Texas Department of Criminal Justice and Texas Department of Assistive and Rehabilitative Services. We are also enrolled as a Medicaid provider.

211 – Family Violence Unit – Investigates reports of violence committed by family members, spouses, relatives, or others living with victims. Provides referrals to the Women’s Shelter, Victim Assistance, Batterers Treatment Program and other appropriate agencies.