Reply
Go Back   TexasBowhunter.com Community Discussion Forums > Topics > Around the Campfire
 
Thread Tools Display Modes
Old 02-20-2019, 09:52 PM   #1
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default Class c Family violence advise

Any lawyers or anybody with knowledge of the law welcone to respond.

Asking for a friend. This isn't a felony charge but is there a restriction on guns with this, being a class c misdeamnor-family violence. Thank you
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-20-2019, 10:14 PM   #2
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

The answer is yes. There was a Supreme Court decision a few years ago that changed the interpretation of the violence against women Act of 1994. Prior to approximately 2014 a Class C misdemeanor was not considered a Prohibition Crime. After the Supreme Court decision, the prohibition was extended to class C misdemeanors. This made everybody that had bought a gun between 1994 and I believe 2014 with a Class C Family Violence misdemeanor instant felons. Congratulation Democrats

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-20-2019, 10:31 PM   #3
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default

The act wasn't against a woman, but they treat the law as such to protect them? It was with a family member. Wow that's a bummer.
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-20-2019, 10:50 PM   #4
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

Texas Penal Code - PENAL § 46.04. Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01 , punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person's release from confinement following conviction of the misdemeanor;  or

(2) the date of the person's release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07 , actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony;  or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony;  and

(2) does not contain all the elements of any offense designated by a law of this state as a felony

Have to be convicted of a Class A Misdemeanor Assault F/V for unlawful possession of a firearm according to the Texas Penal Code.


Sent from my iPhone using Tapatalk
mww982 is offline   Reply With Quote Back To The Top
Old 02-20-2019, 10:51 PM   #5
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by castlegaphunter View Post
The act wasn't against a woman, but they treat the law as such to protect them? It was with a family member. Wow that's a bummer.
VAWA is family members and people you have a dating relationship with if I remember correctly

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-20-2019, 10:52 PM   #6
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by mww982 View Post
Texas Penal Code - PENAL § 46.04. Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;  or

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives.

(b) A person who has been convicted of an offense under Section 22.01 , punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of:

(1) the date of the person's release from confinement following conviction of the misdemeanor;  or

(2) the date of the person's release from community supervision following conviction of the misdemeanor.

(c) A person, other than a peace officer, as defined by Section 1.07 , actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure , or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order.

(d) In this section, “family,” “household,” and “member of a household” have the meanings assigned by Chapter 71, Family Code.

(e) An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) or (c) is a Class A misdemeanor.

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1) is designated by a law of this state as a felony;

(2) contains all the elements of an offense designated by a law of this state as a felony;  or

(3) is punishable by confinement for one year or more in a penitentiary.

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1) is not designated by a law of this state as a felony;  and

(2) does not contain all the elements of any offense designated by a law of this state as a felony

Have to be convicted of a Class A Misdemeanor Assault F/V for unlawful possession of a firearm according to the Texas Penal Code.


Sent from my iPhone using Tapatalk
And what does that have to do with the 1994 VAWA?

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:03 PM   #7
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

Quote:
Originally Posted by SC-Texas View Post
And what does that have to do with the 1994 VAWA?

Sent from my SM-N920V using Tapatalk

Just letting him know what state law says about it, since that’s what I am knowledgeable about.


Sent from my iPhone using Tapatalk
mww982 is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:10 PM   #8
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

Tell him not to cooperate

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:17 PM   #9
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by mww982 View Post
Just letting him know what state law says about it, since that’s what I am knowledgeable about.


Sent from my iPhone using Tapatalk
State law has nothing to do with it since the feds will prosecute.

State law also says a felon may own a firearms and posses in his house.

Also, DPS will deny or revoke an LTC if the holder has a class C family assault regardless of state law.

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:17 PM   #10
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

Quote:
Originally Posted by SC-Texas View Post
And what does that have to do with the 1994 VAWA?

Sent from my SM-N920V using Tapatalk


It is the Lautenberg Amendment if the OP wants to read it.

Last edited by mww982; 02-20-2019 at 11:25 PM.
mww982 is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:33 PM   #11
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

Quote:
Originally Posted by SC-Texas View Post
State law has nothing to do with it since the feds will prosecute.

State law also says a felon may own a firearms and posses in his house.

Also, DPS will deny or revoke an LTC if the holder has a class C family assault regardless of state law.

Sent from my SM-N920V using Tapatalk
Yes a felon can posses a firearm in Texas in his residence after 5 years from his release from prison, or completion of probation\parole. Does it mean he would be smart too in case the feds wanted to do something about it, probably not? The state won't because it is not against state law.

Yes, the FEDS could choose to prosecute it if they wanted to. A city, county or state cop cannot arrest him for the federal violation but could refer it to the ATF to see if they wanted to file a case.
mww982 is offline   Reply With Quote Back To The Top
Old 02-20-2019, 11:39 PM   #12
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

Quote:
Originally Posted by castlegaphunter View Post
Any lawyers or anybody with knowledge of the law welcone to respond.

Asking for a friend. This isn't a felony charge but is there a restriction on guns with this, being a class c misdeamnor-family violence. Thank you
He may have issues at the Federal Level with purchasing a gun and possibly possessing it. At the state level as long as he is not convicted of a Class A charge or higher he can possess a firearm. It is a sticky situation when federal and state laws don't match. Marijuana is illegal at the federal level but legal now in several states. Are the feds raiding and arresting everyone in Colorado for their weed?

Last edited by mww982; 02-20-2019 at 11:42 PM.
mww982 is offline   Reply With Quote Back To The Top
Old 02-21-2019, 01:46 AM   #13
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by mww982 View Post
He may have issues at the Federal Level with purchasing a gun and possibly possessing it. At the state level as long as he is not convicted of a Class A charge or higher he can possess a firearm. It is a sticky situation when federal and state laws don't match. Marijuana is illegal at the federal level but legal now in several states. Are the feds raiding and arresting everyone in Colorado for their weed?
Funny you should ask that. No they are not. But the first time we get another anti weed president it it can start anytime. There is a great case that is coming out of Utah believe and which a truck driver was arrested in charged with possession and transport of marijuana when he was taking a load of marijuana from a legal state through and illegal state into a legal state.

As far as the guns, the referral goes to the AUSA and they decide if they will prosecute. Often they do. It's an easy win for their record.

The point is, it doesn't matter what state law is since the guy will fail a nics check at the federal level and will not get a proceed on his 4473

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-21-2019, 01:46 AM   #14
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by mww982 View Post
It is the Lautenberg Amendment if the OP wants to read it.
Yup, VAWA

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-21-2019, 02:55 AM   #15
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default

Quote:
Originally Posted by BowBuddy View Post
Tell him not to cooperate

Sent from my SM-G930T using Tapatalk
Why
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-21-2019, 07:36 AM   #16
glen
Pope & Young
 
glen's Avatar
 
Join Date: Oct 2006
Location: Lake Georgetown
Hunt In: anywhere
Default

This is one Class C charge worth an attorney. It will cost him a lot and it is not like getting a traffic ticket dismissed.
glen is offline   Reply With Quote Back To The Top
Old 02-21-2019, 07:48 AM   #17
Quackerbox
Pope & Young
 
Quackerbox's Avatar
 
Join Date: Jul 2010
Location: Magnolia
Hunt In: The woods
Default

Seeing how I've never heard of class c family assault. How is it different than assault by contact? Aside from being family

Its still only a citation?

Sent from my SM-G930V using Tapatalk
Quackerbox is offline   Reply With Quote Back To The Top
Old 02-21-2019, 08:05 AM   #18
RR 314
Ten Point
 
Join Date: Nov 2006
Default

Quote:
Originally Posted by Quackerbox View Post
Seeing how I've never heard of class c family assault. How is it different than assault by contact? Aside from being family

Its still only a citation?

Sent from my SM-G930V using Tapatalk
Man, I haven't done any criminal law in over 20 years (thankfully), but typical class-C punishment range of fines etc. Can arrest for almost all class-C charges (I recall could not for open container and several other charges). Some PDs began filing class C "simple assault" charges as "simple assault--family violence" when there was ANY FAMILY MEMBER involved. I helped a guy that got arrested for throwing a tater tot at his brother at a fish fry! They PD should have charged him with "attempted simple assault" as he had a rag arm and missed with his tater tot!

When this was new, and likely still today, the municipal judges would accept a nolo or guilty plea for time served (a day or two in the lock-up) and there would be no monetary fine. Many uneducated people did this and then had a "family violence" conviction on their record.
RR 314 is online now   Reply With Quote Back To The Top
Old 02-21-2019, 08:09 AM   #19
Quackerbox
Pope & Young
 
Quackerbox's Avatar
 
Join Date: Jul 2010
Location: Magnolia
Hunt In: The woods
Default

Quote:
Originally Posted by RR 314 View Post
Man, I haven't done any criminal law in over 20 years (thankfully), but typical class-C punishment range of fines etc. Can arrest for almost all class-C charges (I recall could not for open container and several other charges). Some PDs began filing class C "simple assault" charges as "simple assault--family violence" when there was ANY FAMILY MEMBER involved. I helped a guy that got arrested for throwing a tater tot at his brother at a fish fry! They PD should have charged him with "attempted simple assault" as he had a rag arm and missed with his tater tot!

When this was new, and likely still today, the municipal judges would accept a nolo or guilty plea for time served (a day or two in the lock-up) and there would be no monetary fine. Many uneducated people did this and then had a "family violence" conviction on their record.
In 7 years as a patrolman and 19 years in LE the only class C arrests I've ever seen or heard of was done via instander.

And all i ever did was PI

Sent from my SM-G930V using Tapatalk
Quackerbox is offline   Reply With Quote Back To The Top
Old 02-21-2019, 08:18 AM   #20
RR 314
Ten Point
 
Join Date: Nov 2006
Default

Quote:
Originally Posted by Quackerbox View Post
In 7 years as a patrolman and 19 years in LE the only class C arrests I've ever seen or heard of was done via instander.

And all i ever did was PI

Sent from my SM-G930V using Tapatalk
Yup. MIP, PI, possession of drug paraphernalia, DOC-fighting and SA-family violence are the class Cs where I would see arrests. However, if you were a real *****, you could get a ride for other class Cs.
RR 314 is online now   Reply With Quote Back To The Top
Old 02-21-2019, 08:24 AM   #21
hully1029
Pope & Young
 
hully1029's Avatar
 
Join Date: Sep 2010
Location: Collinsville, TX
Hunt In: Grayson/Cooke
Default

Quote:
Originally Posted by Quackerbox View Post
Seeing how I've never heard of class c family assault. How is it different than assault by contact? Aside from being family

Its still only a citation?

Sent from my SM-G930V using Tapatalk
Yes, it is only citation for Assault by Contact. For instance, I had a call where 2 adults were arguing and the wife spit in the husbands face. It didn't cause bodily injury, but he was offended by the action and wanted to press charges. She had to press hard, 3 copies.
hully1029 is offline   Reply With Quote Back To The Top
Old 02-21-2019, 08:25 AM   #22
glen
Pope & Young
 
glen's Avatar
 
Join Date: Oct 2006
Location: Lake Georgetown
Hunt In: anywhere
Default

I’ve given people courtesy rides for a few Class C violations including “No Front LP”. I am a firm believer in you earn what you get. They earned it.
glen is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:40 AM   #23
Daniel75
Pope & Young
 
Daniel75's Avatar
 
Join Date: Sep 2010
Location: Fort Worth
Hunt In: Red River County & Atoka Co Oklahoma
Default

Quote:
Originally Posted by hully1029 View Post
Yes, it is only citation for Assault by Contact. For instance, I had a call where 2 adults were arguing and the wife spit in the husbands face. It didn't cause bodily injury, but he was offended by the action and wanted to press charges. She had to press hard, 3 copies.
This^^^ and the same. We had one where the husband reached for a CD and the wife did at the same time and he pulled it out of her hand. She was offended by the contact, citation was issued. People are so *******petty
Daniel75 is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:56 AM   #24
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

Tell him to start complaining about everyone involved, my exwife came over to my 15 years after our divorce. Claimed to pick up my son, she chest bumped me claimed I assaulted her. My current wife saw what happened, the cop took here story. The county didnt pick up the charge, but the city of San Antonio did and issued me an assault ticket. They want you to plea bargain but dont do it. I filed a complaint against the prosecutor with state bar for not looking at the evidence and wasting my time and causing emotional distress. I also called chief of police the mayor's office and I wrote every appeal that I had to write. You let them know they are wrong in every aspect and firstly you exercise your 5th amendment right. They want your comments to prosecute.

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-21-2019, 01:15 PM   #25
Still Hunter
Ten Point
 
Join Date: Oct 2006
Location: Tx
Hunt In: Tex, Kansas, Colorado, New Mexico
Default

An acquaintance of mine had a live in girlfriend. She got fall down drunk at the house and busted her @$$ in the back yard falling out of a chair and busted her lip on the sidewalk, He has been trying get her to stop drinking earlier because she was so drunk. After she wiped out, he told her "I told you so". She got mad, in her drunken state, called the police, they came out she told them he hit her. Cops arrested him for assault. He never laid a hand on her except to pick her up. When she sobered up she realized she screwed up and was a complete idiot and wanted to drop charges but they would not drop the charges. So he now has a family violence charge on his record, he had to go to anger management classes, they gave him some deferred adjudication for it and he cannot get it es ponged off his record so now he has a hold on every firearm purchase. They broke up almost immediately as she totally ruined his life. Her stupidity follows him the rest of his life.
Still Hunter is offline   Reply With Quote Back To The Top
Old 02-21-2019, 01:17 PM   #26
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

Quote:
Originally Posted by Still Hunter View Post
An acquaintance of mine had a live in girlfriend. She got fall down drunk at the house and busted her @$$ in the back yard falling out of a chair and busted her lip on the sidewalk, He has been trying get her to stop drinking earlier because she was so drunk. After she wiped out, he told her "I told you so". She got mad, in her drunken state, called the police, they came out she told them he hit her. Cops arrested him for assault. He never laid a hand on her except to pick her up. When she sobered up she realized she screwed up and was a complete idiot and wanted to drop charges but they would not drop the charges. So he now has a family violence charge on his record, he had to go to anger management classes, they gave him some deferred adjudication for it and he cannot get it es ponged off his record so now he has a hold on every firearm purchase. They broke up almost immediately as she totally ruined his life. Her stupidity follows him the rest of his life.
Yep it sucks when you pick wrong

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-21-2019, 01:31 PM   #27
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

I did 6months in jail fighting them without a lawyer, I figured atleast I had a roof over my head. But to make a long story short I received an acquittal I believe, and I was paid a judgement of 250gs, plus the VA owned up to their roll and compensated me for their screw up. That charge was child endangerment that my ex motivated. I was run over by a cop car

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:46 PM   #28
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default

Sorry guys, meant class A. Not C.dont think there is a c family violence charge
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:48 PM   #29
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default

Quote:
Originally Posted by Still Hunter View Post
An acquaintance of mine had a live in girlfriend. She got fall down drunk at the house and busted her @$$ in the back yard falling out of a chair and busted her lip on the sidewalk, He has been trying get her to stop drinking earlier because she was so drunk. After she wiped out, he told her "I told you so". She got mad, in her drunken state, called the police, they came out she told them he hit her. Cops arrested him for assault. He never laid a hand on her except to pick her up. When she sobered up she realized she screwed up and was a complete idiot and wanted to drop charges but they would not drop the charges. So he now has a family violence charge on his record, he had to go to anger management classes, they gave him some deferred adjudication for it and he cannot get it es ponged off his record so now he has a hold on every firearm purchase. They broke up almost immediately as she totally ruined his life. Her stupidity follows him the rest of his life.
Wow. They lawyer has him doing classes too, plus the family member is writing letters saying they dont want him charged. Not sure if it's going to matter!
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:49 PM   #30
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

Class C misdemeanor is a traffic ticket essentially, but a get a few the can be enhanced

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-21-2019, 11:56 PM   #31
castlegaphunter
Eight Point
 
castlegaphunter's Avatar
 
Join Date: Jun 2009
Location: Austin,tx
Hunt In: Upton, Crane County
Default

Quote:
Originally Posted by glen View Post
I’ve given people courtesy rides for a few Class C violations including “No Front LP”. I am a firm believer in you earn what you get. They earned it.
So you're an officer? How many people do you see get family violence charges dismissed or reduced?
castlegaphunter is offline   Reply With Quote Back To The Top
Old 02-22-2019, 01:05 AM   #32
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by castlegaphunter View Post
So you're an officer? How many people do you see get family violence charges dismissed or reduced?
It depends on a number of factors. Prosecutors can and do try these cases without the complaining witness.

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-22-2019, 01:12 AM   #33
mww982
Eight Point
 
mww982's Avatar
 
Join Date: Dec 2012
Location: Keller
Hunt In: Texas, Michigan
Default

So for the PD I work for handles class C assault f/v is this way. Offensive contact where the parties can be separated the suspect gets a ticket. If they cannot be separated the suspect is arrested.

If it is a he said, she said deal and there is no way figure it out we try to get them to separate for the night or the suspect is gone and we do a report and refer them to our city attorney for prosecution.


Sent from my iPhone using Tapatalk
mww982 is offline   Reply With Quote Back To The Top
Old 02-22-2019, 01:39 AM   #34
Robertt
Eight Point
 
Robertt's Avatar
 
Join Date: Apr 2015
Location: Portland, Tx
Hunt In: Atascosa County, Tx
Default

My first wife served me with divorce papers that included wording of abuse. I called her and said I have never physically or verbally abused you. She agreed but said her lawyer put that in there. I told her to remove it or I would fight it in court and she would have to lie under oath. She had the lawyer remove that part.
Robertt is offline   Reply With Quote Back To The Top
Old 02-22-2019, 07:19 AM   #35
glen
Pope & Young
 
glen's Avatar
 
Join Date: Oct 2006
Location: Lake Georgetown
Hunt In: anywhere
Default

These charges are dropped often. Prosecutors weigh cases. They are not going to take a lot of time and effort with a weak case that they have little to no chance of winning in court. Most dockets are so behind and overbooked they have to run business in this manner
glen is offline   Reply With Quote Back To The Top
Old 02-22-2019, 07:25 AM   #36
BowBuddy
Ten Point
 
BowBuddy's Avatar
 
Join Date: Oct 2006
Location: San Antonio Texas
Default

Quote:
Originally Posted by Robertt View Post
My first wife served me with divorce papers that included wording of abuse. I called her and said I have never physically or verbally abused you. She agreed but said her lawyer put that in there. I told her to remove it or I would fight it in court and she would have to lie under oath. She had the lawyer remove that part.
Lawyers suck

Sent from my SM-G930T using Tapatalk
BowBuddy is offline   Reply With Quote Back To The Top
Old 02-22-2019, 08:25 AM   #37
big_smith
Ten Point
 
big_smith's Avatar
 
Join Date: Oct 2006
Location: Wharton
Hunt In: Brady, Rocksprings, New Mexico
Default

Family violence can be attached to any assault including assault class C by contact or by threat. If convicted of any family violence offense then there is a Federal Statute that kicks in barring the offender from possession of a firearm for life. The real issue is that Class C offenses are not reported on a criminal history. So there is a loophole where someone could possibly purchase a gun approved by the state and be unknowingly in violation of federal statute.
big_smith is offline   Reply With Quote Back To The Top
Old 02-22-2019, 02:33 PM   #38
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by glen View Post
These charges are dropped often. Prosecutors weigh cases. They are not going to take a lot of time and effort with a weak case that they have little to no chance of winning in court. Most dockets are so behind and overbooked they have to run business in this manner
That's sometimes true. Except in larger counties that have a dedicated Family Violence prosecution office. Harris county has a office that takes over FV cases and they are hard to deal with.

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Old 02-22-2019, 02:47 PM   #39
tvc184
Pope & Young
 
tvc184's Avatar
 
Join Date: Jan 2008
Location: Golden Triangle
Default

Quote:
Originally Posted by castlegaphunter View Post
Sorry guys, meant class A. Not C.dont think there is a c family violence charge
Family Violence is not a crime in Texas. FV is a requirement for the police and others to do certain things like make a police report, give handouts containing certain information, etc.

Class C assaults (offensive contact or threats) are included in FV laws. So... a report doesn’t necessarily means an assault with injures (Class A) but it certainly could be.

The definitions on who is covered by FV laws in Texas is fairly extensive (and stupid in my opinion).
tvc184 is offline   Reply With Quote Back To The Top
Old 02-25-2019, 11:26 AM   #40
SC-Texas
Ten Point
 
Join Date: Nov 2011
Default

Quote:
Originally Posted by tvc184 View Post
Family Violence is not a crime in Texas. FV is a requirement for the police and others to do certain things like make a police report, give handouts containing certain information, etc.



Class C assaults (offensive contact or threats) are included in FV laws. So... a report doesn’t necessarily means an assault with injures (Class A) but it certainly could be.



The definitions on who is covered by FV laws in Texas is fairly extensive (and stupid in my opinion).
It's very broad.

Sent from my SM-N920V using Tapatalk
SC-Texas is offline   Reply With Quote Back To The Top
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 06:29 AM.


Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2019, vBulletin Solutions Inc.
Copyright 1999-2012, TexasBowhunter.com