Denton Domestic Violence Lawyers

The Federal Firearm Consequence — Lautenberg

Under 18 U.S.C. § 922(g)(9), any person convicted of a “misdemeanor crime of domestic violence” is permanently prohibited from possessing firearms or ammunition under federal law. This is the single most consequential collateral consequence of a domestic violence conviction in Texas:

• A Class A misdemeanor Assault FV conviction triggers lifetime federal firearm disqualification.
• The federal prohibition is permanent; a Texas pardon does not restore federal firearm rights.
• Penal Code § 46.04(b) adds a parallel Texas-law five-year firearm ban.
• For law enforcement, military, armed security, firearms dealers, and others whose careers depend on firearm possession, Lautenberg is often the decisive feature of the case.

The Supreme Court in United States v. Rahimi, 602 U.S. 680 (2024), upheld the related federal firearm prohibition under 18 U.S.C. § 922(g)(8) (which applies while a person is subject to certain protective orders) against Second Amendment challenge. The Lautenberg Amendment itself under § 922(g)(9) remains in force.

The Emergency Protective Order — MOEP

In almost every family violence arrest in Denton County, the magistrate at initial appearance enters a Magistrate’s Order of Emergency Protection (MOEP) under Code of Criminal Procedure Article 17.292. The typical MOEP:

• Prohibits the defendant from committing family violence;
• Prohibits the defendant from going to or near the protected person’s residence, workplace, or children’s school;
• Prohibits contact or communication with the protected person except through counsel;
• Prohibits possession of a firearm for the duration of the order;
• Lasts 61 to 91 days initially (longer in some cases); and
• Is entered without an adversarial hearing, typically within hours of arrest.

A violation of the MOEP is a Class A misdemeanor under Penal Code § 25.07 (or a third-degree felony under § 25.07(g) in specified circumstances) and adds an independent criminal charge to whatever the underlying case involves.

Family Code Protective Orders

Separate from the criminal case, the Family Code provides a civil protective order system that often runs in parallel:

• Chapter 83 — ex parte temporary protective order, lasting up to 20 days, entered on a showing of clear and present danger without prior notice to the respondent.
• Chapter 85 — final protective order, entered after notice and a hearing. Typical duration is up to two years, with longer terms available in specific circumstances.
• A final protective order attaches an 18 U.S.C. § 922(g)(8) federal firearm prohibition for its duration, and has significant implications for custody, employment, professional licensing, and immigration.

Why the Complainant Cannot “Drop the Charges”

The most common question in domestic violence cases is whether the complainant can drop the charges. The answer under Texas law is no. A criminal case in Texas is filed by the State of Texas, not by the alleged victim. Once filed, the decision to proceed belongs to the prosecutor, not the complainant.

An alleged victim can submit an affidavit of non-prosecution asking the state not to proceed. The Denton County District Attorney’s Office considers the affidavit but is not bound by it. Prosecutors routinely proceed with domestic violence cases over the complainant’s objection, relying on 911 audio, body-worn camera video, photographs of injuries, officer testimony, and other admissible evidence to prove the case without the complainant’s cooperation.

The CCP Article 38.371 Rule — Relationship Evidence

Code of Criminal Procedure Article 38.371 creates a rule of evidence specific to family violence cases, including the offenses discussed on this page. At the guilt-or-innocence phase, each party may introduce evidence of “all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed the offense,” including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim.

The effect is to open the door to propensity-type evidence (prior bad acts, relationship history, pattern-of-conduct evidence) that would typically be excluded under Texas Rule of Evidence 404(b) in non-FV cases. This is usually worse for the defense than for the state, but Article 38.371 cuts both ways: the defendant can introduce relationship evidence the state might prefer to keep out, including evidence of prior false allegations, the alleged victim’s prior conduct, and other relationship-history that can support the defense. Pretrial litigation over 38.371 scope is often where these cases are won and lost.

How Domestic Violence Cases Are Defended

Self-Defense and Chapter 9 Justifications

The statutory justifications in Chapter 9 (self-defense (§ 9.31), deadly force (§ 9.32, including Castle Doctrine and Stand Your Ground), and defense of a third person (§ 9.33)) are central to many domestic violence defenses. Once the evidence raises the defense, the state bears the burden to disprove it beyond a reasonable doubt.

Credibility and the Evolving Narrative

Domestic violence cases frequently turn on the credibility of the complainant, whose account can evolve between the 911 call, the scene interview, the follow-up statement, and trial. Locking in the specific details of each account (while they are fresh and before contact with advocates or prosecutors reshapes them) is a core defense task.

Evidence Preservation

Body-worn camera video, 911 recordings, medical records, texts, and social media content have limited retention windows. Targeted preservation requests and discovery early in the case preserve options that fade as the case ages.

Plea Strategy Designed Around Firearm Rights

Because deferred adjudication still triggers the Lautenberg federal firearm ban, the defense goal in most domestic violence cases (particularly for clients whose firearm rights matter) is not deferred adjudication. It is dismissal, acquittal, or reduction to a non-§ 922(g)(9) offense.

Affidavit of Non-Prosecution

Where the complainant does not want to proceed, a carefully prepared affidavit of non-prosecution presented to the Denton County DA’s office at the right time can influence charging decisions (though it does not compel them).

Where Denton County Domestic Violence Cases Are Heard

Class A misdemeanor domestic violence assault cases in Denton County are filed in the Denton County Criminal Courts. Felony domestic violence cases (third-degree felony enhanced assault, § 22.01(b)(2)(B) strangulation, § 25.11 continuous violence, § 22.02 aggravated assault) are filed in the Denton County Criminal District Courts. Both sit at the Denton County Courts Complex, 1450 E. McKinney Street, Denton. The Denton County Criminal District Attorney’s Office prosecutes. Family Code protective orders are heard in the Denton County District Courts or the County Courts at Law with civil jurisdiction.

Frequently Asked Questions

What is the difference between “domestic violence” and “family violence”?

In Texas, there is no statutory offense called “domestic violence.” “Family violence” is the statutory term defined in Family Code § 71.004. “Domestic violence” is the lay term most people use for the same conduct. This firm uses “domestic violence” on some pages and “family violence” on others because both terms describe the same cases.

Can the alleged victim drop the charges?

No. A criminal case is filed by the State of Texas. The complainant can provide an affidavit of non-prosecution, but the Denton County DA’s office decides whether to proceed.

Will this end my firearm rights?

A conviction (including deferred adjudication that counts as a conviction for federal purposes) can trigger a permanent federal firearm prohibition under 18 U.S.C. § 922(g)(9) plus a five-year Texas prohibition under Penal Code § 46.04(b). Firearm-rights preservation requires dismissal, acquittal, or reduction to a non-qualifying offense.

What happens at the first court appearance?

At initial appearance (magistration), the magistrate reviews probable cause and typically enters a MOEP under CCP Article 17.292. The MOEP prohibits contact, firearm possession, and proximity to the protected person. Following magistration, the case is set for further proceedings in the appropriate Denton County court.

I was falsely accused. What do I do?

False accusations are a real issue in domestic violence cases. The defense requires careful work on the complainant’s credibility, documentation of inconsistencies, preservation of exculpatory evidence (texts, surveillance video, third-party witnesses), and assertion of the Chapter 9 justifications. Early defense involvement significantly improves outcomes in false-accusation cases.

About Deandra Grant Law

Deandra Grant Law is a Texas criminal defense firm with offices in Denton, Dallas, Fort Worth, Allen, 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 Denton Domestic Violence Attorneys

Domestic violence cases move quickly. The MOEP is entered at magistration, the protective order petition can be filed within days, and the plea that looks good at the first setting often forecloses firearm rights permanently. Early involvement of counsel who understands the interaction between the criminal case, the protective order, and the federal firearm framework makes a material difference.

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