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Is breaking someone's belongings considered criminal mischief in domestic violence case?

Austin, TX |

my childs father and i got into a argument and he broke one of our windows in our apartment. I called the police and filed a report and also reported my dresser mirror he broke as well during a argument a few weeks earlier...and also reported physical abuse that happened a little under 2 months earlier where i ended up having to go to the hospital and had to have surgery to repair the broken bone.....what will happen with this case? my childs father is already on a deferred probation.
( more specific detail to original question posted,, left out some other detail )

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Attorney answers 1


There are potentially two separate charges - criminal mischief for damaging the property IF it was your property alone (and not his property with you), and assault involving family violence and bodily injury.

Although you delayed in reporting the assault, the fact that you were treated in a hospital with a substantial injury makes it likely that the police will report to the prosecutors' office, and they will accept, charges for assault.

Because he is already on deferred adjudication, there is a likelihood if charges are filed that a motion to adjudicate his guilt on the probation case will also be filed. The burden of proof is much less on a motion to adjudicate than it is on the new charges.

The final outcome of all the charges is hard to predict because there are so many variables.

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