(Institute/College)
Domestic disputes
Domestic violence is a gender related crime that has been occurring for a significant period of time, but is one that has a short record. Much of the criminal jurisprudence in the United States defines this behavior as abuse against the wives or against intimate partners. American criminal codices that list down the action as a specific crime rather than lump it together within the general crime of assault define it as “family” or “domestic” violence (Erez, 2002). Texas law has identified three distinct acts of domestic violence: “domestic assault,” “aggravated domestic assault,” and “continuous violence against the family.” An “act of violence” is defined as domestic violence done on a family member, a member of one’s household, or a person that the offender is in an intimate relationship, whether in the past or currently (Baldwin, 2016).
In cases of aggravated domestic assault, the perpetrator commits this crime when there is an act of intensified violence against the victim. In the case of Texas law, the offender is guilty of such a crime if the perpetrator willfully inflicts severe bodily harm against the victim, or utilizes or displays a weapon during the course of committing the crime; this includes threatening the other with the infliction of bodily harm or of an action where the person will find denigrating. Should the perpetrator commit this crime with a deadly weapon that results in the victim sustaining serious physical harm, then the criminal act is classified as a first degree offense; other acts of this nature are classified as second degree felonies.
The condition of “serious bodily injury” includes disfigurement of the victim, losing an appendage, or incurring injuries that will require hospitalization or surgical procedures. Furthermore, a “deadly weapon” under Texas criminal jurisprudence is defined as an object that can kill or significant injury if the mechanism is used according to its design. Using this definition, aside from a firearm, other lethal weapons that can fall under this jurisdiction include ‘brass knuckles’ and hunting knives. Ropes used to strangle victims or metal pipes or bats that have been to inflict injuries or in attempts to bludgeon another are also regarded as deadly weapons owing to the manner of their use.
Cars, motorcycles, and other vehicles, given this context, can also be considered as lethal weapons. Lastly, the act of “continuous violence against the family” is engaged when the suspect/offender is found to have committed two prior domestic violence activities within the past year. Perpetrators can be liable of the crime without the factor of the attack resulting in the arrest or prior conviction; in addition, the two assault cases do not require that the two cases are done against a single victim (Baldwin, 2016).
The Family Code in Texas, in essaying the act, defines “family violence” as
“an act of a family member of household against another member that is intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the member in fear of imminent physical harm.”
Nonetheless, the law absolves acts for disciplinary actions against children and constructs abuse as acts, or threatened acts of, forcing or motivating children to commit sexual acts or the punishment of sexual intercourse itself (Texas Department of Public Safety, 2008, pp. 47-48).
In this light, the question posited here is whether there is a difference between the terms of “domestic violence” and “family violence?” The act of “domestic violence” is traditionally evinced when there is violence between two partners in a marriage; the act of “family violence,” on the other hand, is established in the Texas Family Code in a wider context, including persons such as persons related by blood or marriage, past or present spouses, the parents of the child, or even the foster parents or the children. However, the definitions as laid down by the Texas law exclude “roommates” or individuals who are currently or were formerly involved in a relationship (Rosenthal and Wadas PLLC, 2016).
An act of “domestic assault” under Texas law is committed when the offender assaults a family member, a member of the household, or the person in a past or current relationship. The assault can be done in three ways; deliberately inflicting bodily harm to the person, willfully threatening another with bodily harm, and making gestures and actions on the person that the former knows that these are offensive to the latter. These types of assaults are classified as Class A misdemeanors in cases that the offender does not any prior similar cases; if the perpetrator has a prior record with the police, the commission of such crime is classified as a third degree felony (Baldwin, 2016).
In domestic assault cases, law enforcement officers can arrest the offender even without witnessing the crime. Under Texas jurisprudence, the only legal burden placed on the officer is the establishment of “probable cause,” such as witness statements or proofs of the injury sustained, to hold that the offender committed violence or uttered grave threats against the victim. For example, pushing on another person’s chest several times during a verbal conflict can be held as assault under the operation of Texas criminal jurisprudence. If the person uses a weapon or the conflict results in the infliction of serious physical injuries, then the offender can be charged with “aggravated assault.” Though Texas does not have a specific domestic violence statute, charges of assault are regarded as instances of domestic violence if the victim in the case is a spouse, whether the current or former, family member, or the intimate partner of the offender (Texas Criminal Defense Lawyers, 2016).
Property damage due to domestic disputes
The first objective in property damage cases is restitution. Victims in these cases are looking for the damage to their property-repair costs, replacements, or fixing. In this light, it is a possibility that a plea agreement can be reached between the parties and one that expunges a criminal record is one that is sought. If the situation arose in the course of a personal altercation, specifically out a domestic violence case, another “damaged” item in the course of the adjudications are the emotions of the parties (Criminal Property Damage). Though destruction of property is not regarded as the primary type of domestic violence, this is still commonly seen in cases of domestic disputes.
Moreover, these actions can occur at any time and place, specifically in instances when the belligerent person is undergoing a violent episode, and can include activities such as punching walls, hurling objects, or destroying other items in the house. However, destruction of property can be done on a more deliberate, vicious method. One example of this type is the destruction of rare heirlooms or personal belongings that are special to the victim, wrecking vehicles to the point that it cannot be operated, or even the immolation or destruction of the victim’s clothes or even the clothing items that the victim is presently wearing. Extreme forms of acts of property damage committed in the course of domestic disputes include setting the victim’s house on fire, or sabotaging the vehicle of the victim that when then the latter operates the vehicle, this will result in an accident designed to kill or inflict significant injuries to the intended victim (Citizens against Physical and Sexual Abuse, 2013).
One of the more significant obstacles in domestic dispute cases is the statutes that deny the person from getting access to legal representation in specific cases. Among the cases situated in this area involve divorce, protection in cases involving domestic violence, as well as other cases. Legal advocates continuously work to try and accommodate as many cases as possible that their scarce resources will allow them; on the other side of the aisle, private sector lawyers donate their services on a “pro bono publico” basis- “for the public good.” Though Texas lawyers render free legal services for the underprivileged each year, there is still a large sector that remains underserved or even left unserved for lack of the resources.
Among these scarce resources are lawyers. Students taking up law studies end up with enormous amounts of debt, and if these do finish their studies, find an industry with limited employment openings. In this light, it can be stated that a major problem is that there is an unquenchable demand for legal services, but there is a growing scarcity with the resources intended to comply with that demand (Texas Department of Public Safety, 2008).
Given the details in the situation, Roberto can be held on aggravated domestic assault charges and on “continuous violence against the family” since the girlfriend, Sarah, has incurred a broken arm in one of the instances, and in the first encounter with law enforcement officers, already exhibited signs of physical abuse owing to her bleeding lip. In the case of “continuous family violence,” Roberto can be held on charges since there have been prior reports in the past two months. With the requirement of Texas law mandating that the case be filed if the instances come within a period of one year, the frequency of the cases occurring within a period of two months fits within the requirement. However, the victims must be determined to file and given all the access and resources needed for a successful prosecution of the case in court.
References
Baldwin, L (2016) “Texas domestic violence laws” Retrieved from <http://www.criminaldefenselawyer.com/resources/texas-domestic-violence-laws.htm
Citizens against Physical and Sexual Abuse (2013) “What is domestic violence?” Retrieved from <http://www.capsa.org/en/resources/what-is-domestic-violence
Criminal Property Damage “Criminal property damage” Retrieved from <http://www.criminalpropertydamage.com/
Erez, E (2002) “Domestic violence and the criminal justice system: an overview” Retrieved from <http://www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/Volume72002/No1Jan2002/DomesticViolenceandCriminalJustice.html
Rosen and Wadas, PLLC (2016) “Domestic violence laws in Texas” Retrieved from <http://www.rosenthalwadas.com/practice-areas/domestic-violence/
Texas Criminal Defense Lawyers (2016) “Domestic assault/domestic violence laws: the criminal charges and possible penalties in Texas” Retrieved from <http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/domestic-assault-laws/
Texas Department of Public Safety (2008) “Family violence” Retrieved from <https://www.dps.texas.gov/crimereports/13/citCh5.pdf
