El Paso Domestic Violence/Spousal Abuse Attorney

Allegations of domestic violence are taken very seriously by the courts. Unfortunately the accused do not always have the benefit of the doubt. This can be extremely unfair to those charged because in most cases of domestic abuse, there are different versions of the truth. That is why it is so important to have an aggressive legal fighter in your corner. Otherwise, if convicted, you may face jail time, a restraining order and a permanent record. In addition, a conviction of domestic violence can even affect your parental rights.

There Are Two Sides to Every Story of Domestic Violence

Since 1998, the Law Offices of Ruben Ortiz has been helping clients defend against a wide range of criminal charges, including those of domestic violence. Tens of Thousands of individuals have trusted us with their criminal matters, and the community voted attorney Ortiz as “The Best Lawyer To Get You Out Of Trouble,” from 2007-2012, as reported by El Paso’s What’s Up Entertainment Weekly.

When you face domestic assault charges, we know that you have a story to tell as well. Maybe your spouse logged a false complaint. Perhaps the assault was truly an accident. Maybe you injured a family member while defending yourself against an attack. Or perhaps you have made a one-time mistake. Regardless of your circumstances, our job is to be your legal advocate, fight for your rights and help you find the best possible results for your charge.

El Paso Domestic Violence/Spousal Abuse FAQ

What are the legal rights of someone accused of domestic violence?

If you're accused of domestic violence, you have the right to remain silent, the right to legal representation, and the right to a fair trial. Additionally, you’re presumed innocent until proven guilty. A skilled attorney can ensure these rights are upheld while building a strong defense to protect your interests.

How does the legal process for domestic violence cases work?

After an accusation or arrest, the legal process typically involves several steps:

1. Investigation: Law enforcement will gather evidence to determine if charges should be filed.
2. Arrest and Charges: If there's sufficient evidence, the accused may be arrested, and charges will be brought.
3. Court Proceedings: The accused will attend hearings for bail, arraignment, and possibly trial.
4. Resolution: The case may end in dismissal, plea agreement, or verdict after trial.

An attorney can guide you through each step and provide knowledgeable representation regardless of your role in the case.

What should I do if I've been falsely accused of domestic violence?

If you’re facing false allegations, take these steps:

• Avoid contacting the accuser.
• Gather evidence to support your side of the story.
• Document all relevant events and interactions.
• Consult an experienced domestic violence defense attorney immediately to build your case.

A qualified attorney will help protect your rights and work to clear your name.

Are protective orders permanent?

Protective orders can be temporary or permanent, depending on the circumstances. Temporary protective orders (TPOs) are issued quickly and typically last until a formal hearing. If the judge finds sufficient evidence during the hearing, they may issue a permanent protective order, which can last for a set period or indefinitely.

Can domestic violence charges be dropped?

While victims may wish to drop charges, the decision is ultimately up to the prosecutor. Domestic violence is considered a criminal matter, so prosecutors may pursue charges even if the victim no longer wishes to proceed. An attorney can help advocate for your case and provide legal representation during discussions with the prosecutor.

What Happens if I Am Facing a Second Misdemeanor Charge of Domestic Assault?

In the state of Texas, if you have been convicted of a domestic violence misdemeanor, any subsequent misdemeanor charge will automatically be raised to a felony offense.

Should I Try to Sort Things Out With the Police on My Own?

If you have been charged with an assault crime or are being questioned by the police, do not give a statement without consulting an attorney. Many assume if they give law enforcement officials an explanation of the event, things will be cleared up and the charges will be dropped, but this is usually not the case.

Police will use what you say against you, and they will give prosecutors your statement as ammunition. Your best bet is to contact our law firm. We will do the speaking for you. We understand the law and your rights, and how to protect your future.

Contact our El Paso domestic violence defense lawyers today at (915) 308-8850. The sooner we start fighting your charges, the better chance we have for a successful outcome.