Texas Domestic Violence Lawyer

What Is a Family Violence Charge in Texas?

A family violence charge in Texas is an assault offense involving a family member, household member, or dating partner, prosecuted under rules designed to proceed even without the alleged victim’s cooperation. It carries a family violence affirmative finding that permanently prohibits firearm possession under federal law, bars expunction, and can determine the outcome of child custody proceedings for years.

 

How Does Bond Work After a Domestic Violence Arrest?

After a family violence arrest in Texas, you will appear before a magistrate within 48 hours. The magistrate will set bond and typically issue a magistrate’s order for emergency protection (MOEP), which automatically restricts contact with the alleged victim and sometimes with your home. The MOEP is issued regardless of what the alleged victim wants and remains in effect for 31 to 91 days.

Bond amounts for Class A misdemeanor family violence assault in North Texas typically range from $500 to $5,000 depending on criminal history and the county. Felony family violence charges carry higher bonds. A third-degree felony assault by strangulation bond is commonly $10,000 to $30,000 or more.

Violating the MOEP is a separate Class A misdemeanor. Do not contact the alleged victim, even if they reach out to you first, until you have spoken with an attorney.

 

What Should You Do Right Now?

The decisions you make in the first 48 hours after a family violence arrest shape everything that follows. Here is what matters most:

• Say nothing to law enforcement or investigators without your attorney present. This is not optional advice. Everything you say will be documented and can be used against you. Voluntary explanations almost always create more problems than they solve.
• Do not contact the alleged victim. Not by phone, not by text, not through a third party. If the MOEP is in place, any contact is a criminal offense on top of the existing charge.
• Do not post anything on social media about the incident, the arrest, or the relationship.
• Preserve your own evidence immediately. Screenshot text messages, emails, call logs, and social media communications that establish context, prior communications from the alleged victim, or what actually happened.
• Request preservation of surveillance footage, body camera video, and 911 recordings. These have short preservation windows.
• Contact a defense attorney before making any statement anywhere, including to a probation officer or pretrial services staff.

 

How Does Texas Define Family Violence?

Texas Family Code Section 71.004 defines family violence broadly. It includes:

• An act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the other person in fear of imminent physical harm.
• Abuse of a child by a member of the household.
• Dating violence: an act against a person with whom the accused has or has had a dating relationship.

The definition of “family or household member” covers spouses and former spouses, parents of the same child regardless of marital history, foster children and parents, and any other individuals related by blood or marriage. The current or former dating relationship category is particularly broad. It means family violence law applies to situations that most people would not describe as “domestic.”

 

Common Charges Filed in Family Violence Cases

• Family violence assault causing bodily injury (Class A misdemeanor): The most common charge. Intentionally, knowingly, or recklessly causing bodily injury to a family or household member.
• Assault by strangulation in a family violence context (third-degree felony): Impeding normal breathing or circulation by applying pressure to the throat or neck, or blocking the nose or mouth, during an assault involving a family or household member.
• Aggravated assault in a family violence context (first-degree felony when a deadly weapon is used causing serious bodily injury to a household member).
• Continuous family violence (Texas Penal Code Section 25.11): Two or more family violence assaults within a 12-month period, charged as a third-degree felony.
• Protective order violation: Violating a court-issued protective order is a separate Class A misdemeanor or third-degree felony.

 

What Evidence Do Prosecutors Need to Convict You?

Texas and most urban Texas counties use evidence-based prosecution in family violence cases specifically because victim recantation and non-cooperation are common. Prosecutors have multiple evidence sources that allow the case to proceed without the alleged victim’s testimony:

• The 911 recording: Statements made during a 911 call are frequently admitted as an excited utterance exception to the hearsay rule. This can be the prosecution’s most powerful exhibit and the defense’s best impeachment tool, depending on what the recording shows.
• Officer body camera footage: The responding officer’s body camera captures the scene, the alleged victim’s demeanor, the conditions of the home, and any statements made at the time of arrest. Most Texas law enforcement agencies use body cameras.
• Responding officer testimony: An officer can testify to visible injuries, the alleged victim’s emotional state, and statements made at the scene as excited utterances or present sense impressions.
• Medical records and injury documentation: Physical evidence that exists independently of the alleged victim’s willingness to testify.
• Digital evidence: Text messages, call logs, social media communications, and location data. This evidence cuts in both directions and is one of the most important areas for the defense to examine thoroughly.

An Affidavit of Non-Prosecution (a document an alleged victim signs requesting dismissal) does not bind the prosecutor. Prosecutors in Dallas, Tarrant, and most North Texas counties regularly continue prosecution despite a signed ANP, relying on the evidence categories described above.

 

What Are the Penalties If You Are Convicted?

• Class A misdemeanor family violence assault: Up to 1 year in county jail and a fine up to $4,000.
• Assault by strangulation (third-degree felony): 2 to 10 years in prison and a fine up to $10,000.
• Continuous family violence (third-degree felony): 2 to 10 years in prison and a fine up to $10,000.
• Family violence assault with a prior family violence finding (third-degree felony): 2 to 10 years in prison.
• Aggravated assault in a family violence context (first-degree felony in serious cases): 5 to 99 years or life in prison.

The criminal penalties are only part of the picture. The family violence affirmative finding carries consequences that are often more significant than the criminal sentence itself. See the section on long-term effects below.

 

Can You Fight a Domestic Violence Charge in Texas?

Yes. Family violence cases are defended successfully at every stage. The realistic options depend on the strength of the evidence, the specific charge, and the strategic decisions made from the beginning of the case. Possible outcomes:

• Dismissal: The prosecution declines to file or drops the case. This happens when the evidence is insufficient (the 911 recording contradicts the alleged victim’s account, body camera footage shows a different version of events, or the physical evidence does not support the injury claim) or when constitutional issues suppress the key evidence.
• Reduction: A charge reduced to a lesser offense, sometimes one without a family violence affirmative finding attached. The strategic question is whether any resolution that includes the finding is acceptable given its permanent consequences.
• Deferred adjudication: The judge withholds a finding of guilt while you complete supervision. Important: deferred adjudication in a family violence case can still carry a family violence affirmative finding, which triggers the same permanent federal consequences as a conviction.
• Acquittal at trial: The jury finds the prosecution failed to prove the charge beyond a reasonable doubt. This outcome is more common when the 911 recording, the body camera footage, or the medical evidence is inconsistent with the prosecution’s theory.

 

How Does Domestic Violence Differ from a Regular Assault Charge?

The underlying assault elements are the same: bodily injury, contact, threat. The differences are in what gets added to the case when the relationship between the parties is a family or household member or a dating partner.

The procedural differences: the MOEP issues automatically, the prosecution uses evidence-based prosecution protocols designed for non-cooperative victim scenarios, and dedicated family violence prosecutors or units are involved in larger counties.

The substantive differences: the family violence affirmative finding attaches. That single notation triggers the federal firearms prohibition, bars expunction, makes a future charge a felony, and creates the presumption against custody in family court. None of those consequences apply to an assault between strangers.

 

How Does Deandra Grant Law Defend Family Violence Charges?

Injury Analysis

Whether injuries are consistent with the alleged mechanism, whether they could have alternative explanations, and whether they meet the threshold for bodily injury or serious bodily injury under the statute are medical and forensic questions. We obtain and independently review medical records and injury photographs. An injury characterized one way in the police report may look different under independent examination.

Digital Evidence

Prior threatening communications from the alleged victim, messages that establish context or consent, and geolocation data that contradicts the prosecution’s timeline are all categories of evidence we can present on your behalf. Douglas Huff’s digital forensics training means this evidence is examined at the data level: metadata, authentication, and chain of custody.

Strangulation Evidence

When strangulation is alleged (elevating the charge to a third-degree felony), the prosecution must establish that pressure was applied to the throat or neck in a manner that impeded normal breathing or circulation. Petechial hemorrhaging and neck bruising are the typical evidence categories. We independently evaluate whether the physical evidence is consistent with the alleged mechanism or with alternative explanations.

Constitutional Challenges

Texas Code of Criminal Procedure Article 38.23 excludes evidence obtained through an unlawful search, stop, or defective warrant process. A constitutionally defective investigation can suppress the evidence on which the entire case is built.

Affirmative Finding Strategy

In every family violence case, the strategic question is not only whether the charge can be defeated. It is whether any negotiated resolution that includes a family violence affirmative finding is acceptable given the permanent downstream consequences. That analysis must happen at the beginning of the representation, before any plea offer is on the table. We walk you through both the criminal consequences and the collateral ones before any decision is made.

 

Do You Need a Private Defense Attorney for a Domestic Violence Charge?

Court-appointed attorneys handle family violence cases regularly. The structural problem is that in high-volume family violence courts, appointed counsel may have 200 to 500 cases at once. The time available for the critical early work (digital evidence preservation, independent forensic review, constitutional motion research) is limited.

More importantly, the family violence affirmative finding and its permanent federal consequences require careful analysis before any resolution is agreed to. That analysis has to happen at the start of the representation. A plea taken without understanding the full downstream consequences, including the lifetime federal firearms prohibition, can cause more permanent harm than the criminal sentence itself.

 

How Long Does a Domestic Violence Case Take in Texas?

Class A misdemeanor family violence assault cases in North Texas typically take 9 to 24 months from arrest to resolution. Cases going to trial take longer. The specific timeline depends on the county, the court’s docket, and whether the prosecution continues when the alleged victim does not cooperate.

Felony family violence charges take longer. From arrest through indictment and to final resolution, 9 to 18 months is common for non-trial resolutions. Contested trials extend that timeline.

The MOEP and any subsequent protective order remain in effect throughout the case, restricting contact with the alleged victim and potentially with your home and children for the entire duration.

 

What Does It Cost to Defend a Domestic Violence Charge?

Fee structures for family violence defense depend on the charge level, the complexity of the evidence, and whether the case goes to trial. A misdemeanor family violence assault that resolves through pretrial negotiation costs less than a contested felony strangulation trial.

We discuss fee structure and payment arrangements in the initial consultation. The cost of inadequate representation in a family violence case is not just the criminal outcome. It is the family violence affirmative finding that travels with you permanently, affecting your right to own a firearm, your child custody situation, and your criminal exposure for the rest of your life.

 

How Do Family Violence Cases Move Through North Texas Courts?

Dallas County has specialized family violence courts at the misdemeanor level, with dedicated ADAs trained specifically in evidence-based prosecution. The family violence division in the Dallas County DA’s office is specifically designed to proceed without victim cooperation and has prosecutors assigned to these cases full-time.

Tarrant County has a similar structure. Collin, Denton, Rockwall, and McLennan Counties handle family violence cases in their regular criminal courts, with assistant DAs who handle these cases as part of a broader caseload.

In all of these counties, the approach to alleged victim non-cooperation follows the same logic: the State proceeds on the evidence it has (911 recording, body camera, medical records, officer testimony) regardless of what the alleged victim decides to do. The family violence affirmative finding issue is present in every case regardless of the county.

 

What Are the Long-Term Consequences of a Family Violence Conviction?

Federal Firearms Prohibition

18 U.S.C. Section 922(g)(9) permanently prohibits any person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. A Class A misdemeanor family violence assault conviction with a family violence affirmative finding triggers this prohibition for life. Texas expunction law cannot restore a federal right. Deferred adjudication with a family violence affirmative finding does not escape this prohibition.

Felony Enhancement

Under Texas Penal Code Section 22.01(b)(2), a second family violence assault conviction, or any family violence assault committed after a prior family violence finding, is charged as a third-degree felony (2 to 10 years) rather than a Class A misdemeanor. The prior finding, not the prior conviction, is the predicate. Even a successfully completed deferred adjudication with a family violence finding can elevate a future charge to a felony.

Expunction and Non-Disclosure Bar

A conviction with a family violence affirmative finding cannot be expunged and is not eligible for an order of non-disclosure. The record is permanent and public.

Child Custody Consequences

Texas Family Code Section 153.004 creates a rebuttable presumption against awarding custody or unsupervised visitation to a parent with a history of family violence. A family violence affirmative finding from a criminal case is admissible in family court and can shift the burden in a custody dispute. This consequence frequently matters more to our clients than the criminal penalty itself.

Employment and Professional Licensing

An assault conviction, including a Class A misdemeanor, appears in background checks. A family violence finding may affect professional licenses in healthcare, education, childcare, and law enforcement. Federal employment and security clearances treat family violence convictions as significant disqualifying factors.

 

Frequently Asked Questions About Domestic Violence Charges in Texas

Can the alleged victim drop the charges?

No. Charges are filed by the State, not by the alleged victim. Once charges are filed, only the prosecutor can dismiss them. An Affidavit of Non-Prosecution reduces the prosecution’s evidence but does not end the case. Dallas County, Tarrant County, and most North Texas DA offices are specifically trained to proceed despite victim non-cooperation. The 911 recording, the body camera footage, and the medical records are the primary evidence, not the alleged victim’s trial testimony.

What is the difference between a protective order and a magistrate’s order for emergency protection?

A magistrate’s order for emergency protection (MOEP) is issued automatically at the time of arrest and lasts 31 to 91 days. It does not require the alleged victim to apply for it. A protective order is a civil court order that lasts longer (up to 2 years or more) and requires a separate family court proceeding. Both orders restrict contact. Violating either is a separate criminal offense.

What happens if I am accused of domestic violence but I was defending myself?

Self-defense is a recognized affirmative defense in Texas assault cases, including family violence cases. Texas Penal Code Section 9.31 provides that a person is justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force. In mutual combat situations, the question of who was the aggressor is central to the case. That question is answered by the physical evidence, the 911 recording, and digital communications, not just by what the officer documented at the scene.

Does the family violence affirmative finding affect my right to own a firearm?

Yes, permanently. 18 U.S.C. Section 922(g)(9) prohibits any person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition for life. A family violence affirmative finding with even a misdemeanor conviction triggers this prohibition. Texas law cannot restore this right because it is a federal prohibition. This consequence applies to deferred adjudication with a family violence finding as well.

What is an Affidavit of Non-Prosecution and does it help?

An Affidavit of Non-Prosecution (ANP) is a document an alleged victim can sign stating they do not want the case prosecuted. It is relevant evidence that the prosecutor will consider. But it does not bind the prosecutor and does not require dismissal. In evidence-based prosecution jurisdictions (which includes Dallas and Tarrant Counties), prosecutors regularly proceed despite an ANP if the remaining evidence is sufficient. An ANP may signal that the prosecution’s key witness is unavailable, which affects the strength of the case but does not end it.

 

Talk to a Texas Domestic Violence Defense Lawyer Today

Call (214) 617-0847 for a free, confidential consultation. Available 24/7. Or schedule online.

Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall. We appear in courts across North and Central Texas.