Obtaining the intended protection for victims of domestic violence under section 22.01 of the Texas Penal Code

From: Texas Journal of Women and the Law | Date: October 1, 2002| Author: | Copyright information

I. Introduction

Under the current version of section 22.01 of the Texas Penal Code, an assault against a family member or of a member of the perpetrator's household elevates the offense from a Class A misdemeanor to a felony of the third degree if the defendant has been previously convicted of a similar offense under the section. Both the legislative history and explicit language of this statute evidence a clear desire on the part of the Texas legislature to address meaningfully the very serious and troubling issue of domestic violence. Unfortunately, section 22.Ol's current restrictive ...

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