What to Expect at Your Dallas Domestic Violence Trial

What to Expect at Your Dallas Domestic Violence Trial

Going to trial for a domestic violence charge can be scary and confusing. This article will walk you through what to expect so you can feel prepared.

The Charges

There are a few common charges in domestic violence cases in Dallas:¹

• Assault – Intentionally, knowingly, or recklessly causing bodily injury to another
• Aggravated Assault – Assault with a deadly weapon
• Continuous Violence Against the Family – Two or more assaults within 12 months
• Violation of a Protective Order – Disobeying the orders of a protection order

The level of the charge depends on the specific circumstances. A first-time simple assault may be a misdemeanor. But if a deadly weapon was used, it becomes a felony. Continuous violence or violating a protective order also may lead to felony charges.

Getting an Attorney

If you can’t afford an attorney, request a court-appointed lawyer at your first court appearance. The judge will ask you questions about your financial situation to determine if you qualify.

If you can afford an attorney, hire one as soon as possible after you get arrested. Domestic violence cases move quickly, and you need someone experienced by your side. Look for a lawyer who specifically handles domestic violence cases.

First Court Appearance

Your first appearance will happen within 48 hours after getting arrested. This is where you will hear the official charges against you and enter a plea.

If you plead not guilty, the judge will set a trial date. Make sure to write this date down so you don’t miss it!

You can also request a protective order for the victim at the first appearance. The judge will consider factors like:

• Any history of family violence
• Whether a deadly weapon was involved
• Your criminal history

If approved, the protective order goes into effect immediately.

Preparing Your Defense

Work closely with your attorney to build your defense strategy. Key options to consider:

• Self-defense – You can argue you acted in self-defense if you reasonably believed force was immediately necessary to protect yourself.
• No crime occurred – You can argue the alleged victim’s injuries happened accidentally or there is lack of evidence you intended harm.
• Mitigating circumstances – You can explain factors like mental illness led to the incident and ask for probation if convicted.

Your attorney will interview witnesses, obtain evidence like medical records, and file motions to support your defense.

Plea Bargains

Many domestic violence cases end in plea bargains. This means you plead guilty in exchange for lesser charges or a lighter sentence. For example, pleading to a misdemeanor assault instead of a felony.

Talk through plea bargain options thoroughly with your attorney. They will help you decide if it’s the best route for your situation.

Trial Timeline

If your case goes to trial, here’s a general timeline of what to expect:

• Jury selection – The prosecutor and your attorney will question and select jurors.
• Opening statements – Both sides present an overview of their case.
• Prosecution evidence – Prosecutor calls witnesses and presents evidence.
• Defense evidence – Your attorney calls witnesses and evidence on your behalf.
• Closing arguments – Final chance for both sides to argue their case.
• Jury deliberation – The jury discusses the case privately until they reach a verdict.
• Verdict – The jury acquits you or convicts you.
• Sentencing – If convicted, the judge determines your punishment.

The whole process usually lasts 2-3 days. It moves quickly, so be prepared!

Possible Punishments If Convicted

Sentences for domestic violence depend on the specific charge and your criminal history. Possible punishments include:²

• Up to 1 year in jail for a misdemeanor
• 2-10 years in prison for a felony
• Fines up to $10,000
• Batterer intervention programs
• Probation

Talk to your lawyer about likely outcomes based on your charges and background.

Getting Support

Going through a domestic violence trial is difficult. Lean on family and friends for support during this time. Consider contacting a domestic violence advocate who can help with safety planning and connect you to helpful resources.

Most importantly, take things one step at a time. Listen to your attorney’s advice at each stage of the process. With good legal representation and personal support, you can get through this.