Dallas Domestic Violence Lawyers

The Federal Firearm Ban (Lautenberg) and Texas § 46.04(b)

The single most important consequence of a family violence conviction is the permanent federal prohibition on firearm possession. This is not the Texas suspension; this is a lifetime federal disability, and it is triggered by a misdemeanor.

18 U.S.C. § 922(g)(9) — The Lautenberg Amendment

Any person convicted in any court of a “misdemeanor crime of domestic violence” is prohibited from possessing firearms or ammunition for life. The prohibition applies regardless of whether the underlying conviction was a Class A misdemeanor, a Class B misdemeanor, or, in some circumstances, a deferred adjudication that federal courts treat as a conviction. A misdemeanor crime of domestic violence means a misdemeanor offense that has as an element the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in a specified domestic relationship with the victim. Violation is a separate federal felony under § 924(a)(8), punishable by up to 15 years in federal prison.

18 U.S.C. § 922(g)(8) — Protective Orders

A person subject to a qualifying domestic violence protective order (one issued after notice and opportunity to be heard, protecting an intimate partner, and meeting the specified content requirements) is prohibited from possessing firearms while the order is in effect. The U.S. Supreme Court upheld this provision against a Second Amendment challenge in United States v. Rahimi, 602 U.S. 680 (2024).

Texas Penal Code § 46.04(b)

Texas imposes its own, narrower prohibition: a person convicted of a misdemeanor involving family violence may not possess a firearm for five years after release from confinement or community supervision. The Texas ban is not a substitute for the federal ban. After the five-year Texas period expires, the federal Lautenberg prohibition remains in effect for life.

The Deferred Adjudication Trap

Texas deferred adjudication is often viewed as a path to avoiding a conviction. In family violence cases, that view is incomplete. Federal courts apply federal law in determining what counts as a “conviction” under the Lautenberg Amendment, and deferred adjudications in which the defendant enters a plea of guilty or nolo contendere can be treated as Lautenberg convictions. Texas state law also treats a prior family violence deferred adjudication as a predicate for the § 22.01(b)(2)(A) felony enhancement. Any plea decision in a family violence case has to be evaluated with the federal firearm consequences in mind.

Other Collateral Consequences

• Immigration. Domestic violence convictions are generally “crimes involving moral turpitude” under federal immigration law, and certain family violence convictions trigger removal under 8 U.S.C. § 1227(a)(2)(E). A family violence plea without immigration counsel is a serious risk for any non-citizen.
• Professional licensing. Nurses, teachers, lawyers, real estate agents, and many other licensed professionals face separate administrative proceedings before their licensing boards after a family violence conviction.
• Military and security clearance. Active-duty military members lose the ability to carry a weapon, which ends many service roles. Federal security clearances are affected as well.
• Custody and family court. Family violence findings affect conservatorship, possession, and access orders under Chapter 153 of the Family Code. A criminal family violence case frequently triggers parallel divorce or SAPCR proceedings.
• Public and private housing. Family violence convictions can trigger loss of public housing and create barriers to private rentals.
• Employment. Background checks pick up family violence convictions, and many employers decline to hire applicants with domestic violence records in positions involving vulnerable populations, security, or firearms.

How Family Violence Cases Proceed in Dallas County

Several features distinguish family violence prosecution from ordinary assault practice.

Warrantless arrest. Under Code of Criminal Procedure Article 14.03(a)(4), a peace officer may make a warrantless arrest for family violence even when the offense was not committed in the officer’s presence. This is why people are routinely arrested based on a 911 call and a statement from the complainant.

Complaining witness control. Unlike a civil dispute, a criminal case belongs to the State. The complaining witness cannot “drop charges.” The complaining witness can sign an Affidavit of Non-Prosecution and ask the District Attorney’s Office to dismiss, but the DA has discretion to proceed and, in Dallas County, often does especially when there is corroborating evidence such as 911 audio, body-worn camera footage, photographs of injuries, or prior incidents.

Admissibility of prior incidents. Prior bad acts are ordinarily inadmissible under Texas Rule of Evidence 404(b), but family violence prosecutions have specific statutory avenues for admission. Article 38.371 of the Code of Criminal Procedure allows the state to offer testimony regarding the nature of the relationship, which opens the door to evidence of prior uncharged incidents that would otherwise be inadmissible.

Forensic and medical evidence. Strangulation cases routinely involve Sexual Assault Nurse Examiner (SANE) or Forensic Nurse Examiner (FNE) documentation. Injury photographs, petechial hemorrhage findings, and hoarse-voice complaints are common. Cross-examination of forensic nurses and re-evaluation of the documented findings is central to a strong defense.

Defenses to Family Violence Charges

Self-Defense — Penal Code §§ 9.31, 9.32

Self-defense is available in family violence cases on the same terms as in any other assault case. The defendant may use force, and, in specified circumstances, deadly force, when and to the degree the actor reasonably believes the force is immediately necessary to protect against the other person’s use or attempted use of unlawful force. Mutual-combat situations, cases where the complainant was the first aggressor, and cases of reasonable response to threatened force are all areas where self-defense frames the trial.

Defense of a Third Person — § 9.33

Force or deadly force is justified to protect a third person, including a child, from unlawful force under the same standards as self-defense.

Factual Defenses

• Mistaken identity.
• False allegations—particularly common in the context of contested divorce, custody disputes, and break-ups.
• Credibility challenges based on prior false reports, inconsistent statements, and recorded communications.
• Medical causation challenges where alleged injuries have explanations other than the defendant’s conduct.
• Challenges to the relationship element—where the complainant does not meet the statutory definition of a family, household, or dating-relationship member.

Pretrial Diversion and Deferred Adjudication

For qualifying first-time cases, Dallas County pretrial diversion and deferred adjudication under Code of Criminal Procedure Article 42A may be available. As noted above, deferred adjudication on a family violence case does not escape the Lautenberg firearm ban in most circumstances and does not prevent enhancement of a future family violence case to a felony. These options require careful evaluation with counsel.

Where Dallas County Family Violence Cases Are Heard

Misdemeanor assault family violence cases are filed in Dallas County Criminal Courts 10 and 11. Felony family violence cases (including § 22.01(b)(2) felony-enhanced assaults, aggravated assault, continuous violence against the family, and protective order violations charged as felonies) are filed in the Dallas County Criminal District Courts. Both sit at the Frank Crowley Courts Building at 133 N. Riverfront Boulevard. Related protective order proceedings are typically heard in a dedicated protective order court.

Frequently Asked Questions

Can my spouse drop the charges?

No. Family violence charges belong to the State, not to the complaining witness. A complaining witness can sign an Affidavit of Non-Prosecution, but the District Attorney’s Office has the final say on whether the case proceeds. Dallas County routinely prosecutes family violence cases without the cooperation of the complaining witness.

I have never been in trouble before. Why am I facing a felony?

The most common reason for a first-offense family violence felony charge is the § 22.01(b)(2)(B) impeding-breath enhancement (commonly called “choking”). The statute reaches any conduct that applies pressure to the throat or neck, or blocks the nose or mouth, and courts have interpreted it broadly.

I took deferred adjudication on a family violence case. Can I own a gun?

Probably not under federal law. Federal courts apply federal standards to determine what is a “conviction” for Lautenberg purposes, and pleas of guilty or no contest that receive deferred adjudication are frequently treated as convictions. The question must be evaluated with counsel in each individual case; self-evaluation based on the Texas label is unreliable.

A protective order was filed against me. Do I have to respond?

Yes. A temporary ex parte order can issue without notice, but the final order requires a hearing, and failure to appear at the hearing typically results in the order being entered by default. Once final, the order is enforceable as a criminal matter under Penal Code § 25.07.

The complaining witness wants the charges dismissed and is willing to sign an affidavit. Will that work?

Sometimes. An Affidavit of Non-Prosecution can support a request for dismissal, particularly in cases with weak corroborating evidence. It is not a guaranteed result. The DA’s office reviews each case and decides based on the evidence and the office’s family violence policy.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall.

Deandra M. Grant, Managing Partner

• More than 30 years in practice, focused on criminal defense and DWI
• Former prosecutor
• J.D.; M.S. in Pharmaceutical Sciences
• Graduate Certificate in Forensic Toxicology
• ACS-CHAL Forensic Lawyer-Scientist from the American Chemical Society
• Standardized Field Sobriety Test (SFST) Instructor
• Texas Super Lawyer since 2011
• Author of 17 law books including Assault Charges in Texas

Douglas E. Huff, Partner

• ACS-CHAL Forensic Lawyer-Scientist
• Digital forensics and electronic evidence training
• Extensive North Texas trial experience

James Lee Bright, Of Counsel

• National federal criminal defense practice
• Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States

Contact Our Dallas Family Violence Defense Attorneys

A family violence arrest triggers decisions that cannot be undone: what to say at the scene, whether to consent to a search, how to handle the emergency protection order, whether to contact the complaining witness (you should not), and how to respond to the protective order petition. These decisions are made better with counsel.

Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Dallas County and surrounding North Texas counties from our Dallas office.