Common Misconceptions about Charges of Domestic Violence

Interviewer: Care there any misconceptions people have about the seriousness of the charges?

Many Clients Mistakenly Feel They Will Not Ultimately Be Prosecuted

Attorney Churak: A lot of people, I would say, come in here and they’re under the impression it’s not serious. They feel the case will be going away because their girlfriend or their wife or their spouse doesn’t want to prosecute.

I tell them, it’s not that easy because it’s actually the State of Texas who is prosecuting at this point in time, and they’re the ones that make the decision whether they’re going to come after you or not.

The Case May Take Two Years to Resolve

So at this point in time, let me do my job. Let me work the case. It’s going to have to go through the trial docket. It may be a year and a half, two years, before this case is actually resolved. It’s not going to happen overnight.

A Domestic Violence Case History

Interviewer: Can you give me an example of an unusual or extreme case where you were able to obtain a favorable outcome?

Determining Who the Victim Was in a Domestic Violence Incident

Attorney Churak: I wouldn’t say an unusual case. Each case is a little different, facts-wise, but there are quite a few mutual combat situations where basically both parties are fighting. In that type of situation, it’s one of these scenarios where you, as the attorney, must establish who the victim was. I’ve had pictures of my client where he looked far worse than the woman who made the allegations.

It’s one of these situations where my client just stood there and took the physical abuse but he’s the one that went to jail because an officer showed up and he was the male. I said, “Well, let me see your pictures. I’ll show you my pictures.”

Mutual Combat: In a Domestic Violence Incident in the San Antonio Area, Only One Side Can Prosecute

Then you show him the pictures and the woman has very little marks on her face while my client has a black eye and a red nose and scratches all over him. Then the prosecutor looks at it a little differently and says, “Okay. Well, that’s a little different story then, I guess.” I say, “Yes, absolutely,” because at least in San Antonio, only one side gets to prosecute.

So if you’re going to have mutual combat situation, rarely do you see both parties arrested and going to jail and both charged. They only usually charge one party.