Domestic violence charges in Texas typically involve allegations of physical harm, threats, or assault against a family member, spouse, or someone you live with. These charges can range from misdemeanors to felonies, depending on the severity and circumstances.
The best legal defenses include self-defense, false accusations, lack of evidence, mistaken identity, and sometimes consent. Each case is unique, so it’s important to build a defense that fits your situation.
A skilled domestic violence lawyer in Houston, Texas can help by thoroughly reviewing the evidence, identifying weaknesses in the prosecution’s case, and developing a strong defense strategy.
They can negotiate with prosecutors to reduce or dismiss charges and guide you through the court process. With an experienced attorney on your side, you can protect your rights and work toward a favorable resolution.
Facing a domestic violence charge in Texas? Here's what you need to know:
- Common Charges: Include assault, aggravated assault, and violation of a protective order.
- Potential Defenses: Common defenses are self-defense, false accusation, and lack of evidence. The right defense depends entirely on the facts of your case.
- Serious Consequences: Penalties can range from fines and misdemeanor jail time to felony prison sentences and the loss of firearm rights.
- Legal Help is Crucial: An attorney's role is to analyze the evidence, protect your constitutional rights, and build a defense strategy tailored to your situation.
Most Common Texas Domestic Violence Charges
In Texas, domestic violence charges arise from acts of violence or threats against a family member, household member, or dating partner.
These cases are taken seriously, and law enforcement officers are required to arrest someone if they have probable cause to believe an assault occurred. The most common types of domestic violence charges involve assault, aggravated assault, continuous violence, and violation of a protective order.
Assault is the most frequent charge in domestic violence cases. It can occur when someone intentionally or recklessly causes bodily injury to a family or household member. Even if no visible injuries are present, a person may still be charged if the alleged victim reports being hurt or in pain.
This charge may also apply if someone threatens another person with harm or physically contacts them in a way that the victim finds offensive or provocative. In addition, under Texas Penal Code § 22.01(a)(3), the person initiating the contact must know or reasonably believe that the other will regard the contact as offensive or provocative.
Aggravated assault is a more serious charge and usually involves the use of a weapon or results in serious bodily injury. In domestic violence situations, this might include using a firearm, knife, or another object during an altercation.
The injuries in these cases are typically more severe, such as broken bones, deep cuts, or lasting harm.
Another common charge is continuous violence against the family. This applies when a person is accused of committing two or more assaults against a family or household member within 12 months.
The charges can be based on separate incidents, even if none of the assaults led to an arrest at the time. Prosecutors can use past police reports or witness statements to build the case.
A violation of a protective order is also a frequent domestic violence charge. If a court has issued a protective order to prevent contact between the accused and the alleged victim, any violation of that order—such as calling, texting, or showing up at their home—can result in additional charges.
These types of charges can arise from a variety of domestic situations, including arguments that escalate, disputes between dating partners, or long-term patterns of abuse. Law enforcement and prosecutors in Texas treat all domestic violence allegations seriously, often pursuing charges even if the alleged victim does not want to press them.
Potential Penalties for a Texas Domestic Violence Conviction
A domestic violence conviction in Texas can lead to serious legal consequences that vary depending on the severity of the offense and the circumstances of the case.
Penalties can include jail or prison time, fines, mandatory counseling, and long-term restrictions on your rights and freedoms. The specific punishment depends on the type of charge, whether it’s a first-time offense, and if there are any aggravating factors, such as using a weapon or causing serious injury.
The penalties for a domestic violence conviction in Texas depend on the specific charge and prior history:
- First Offense (with bodily injury): Typically a Class A Misdemeanor, punishable by up to 1 year in jail and a fine up to $4,000.
- Second Offense: Often elevated to a Third-Degree Felony, carrying a potential prison sentence of 2 to 10 years and a fine up to $10,000.
- Aggravated Assault (with a weapon): Can be a Second-Degree Felony, with penalties from 2 to 20 years in prison
Cases involving serious bodily injury or the use of a deadly weapon may be charged as second-degree felonies, with penalties ranging from 2 to 20 years in prison.
Continuous violence against the family is another serious charge. If you are accused of two or more domestic assaults within 12 months, even if the incidents were not reported at the time, you may be charged with a third-degree felony.
Violating a protective order issued in a domestic violence case can also lead to additional charges and penalties. A first violation is typically a Class A misdemeanor, but repeated violations or the involvement of violence can result in felony charges.
In many cases, judges may also require defendants to complete anger management or domestic violence intervention programs as part of their sentence. A domestic violence conviction in Texas stays on your criminal record permanently, which can affect your future in many ways. Because of the seriousness of these penalties, it’s important for anyone facing domestic violence charges to seek legal guidance right away.
Collateral Consequences of a Domestic Violence Conviction in Texas
In Texas, a domestic violence conviction can lead to more than just jail time or fines. One of the most serious aspects of a conviction is the set of collateral consequences that follow. These are not part of the formal sentence handed down by a judge, but they can still have a major impact on a person’s life long after they’ve served their time or paid their fines.
One of the most common collateral consequences is the loss of the right to own or carry a firearm. Under both Texas and federal law, people convicted of domestic violence offenses are often banned from owning or possessing guns. This can affect personal safety, job opportunities, or military service.
A domestic violence conviction can also hurt someone’s ability to get a job. Many employers perform background checks and may be reluctant to hire someone with a violent offense on their record. Jobs that involve working with children, the elderly, or in health care or education may be completely off-limits.
For people who already have a professional license—like nurses, teachers, or real estate agents—their license could be suspended or even revoked.
Housing is another area that can be affected. Landlords may deny housing applications from individuals with domestic violence convictions. Public housing programs may also have strict rules that make it hard to qualify for if you have any kind of violent record.
Child custody and visitation rights can also be impacted. A family court may decide that a parent with a domestic violence conviction is not fit to have custody or may require supervised visits. This can make it very difficult to maintain a relationship with one’s children.
Finally, a domestic violence conviction stays on a person’s criminal record. In Texas, many of these convictions cannot be sealed or expunged, meaning they are visible to the public and can affect someone’s reputation permanently.
Even after a person serves their sentence, these collateral consequences can follow them for years, making everyday life more difficult. Because of these long-lasting effects, anyone facing a domestic violence charge in Texas should speak with an experienced criminal defense lawyer as soon as possible to try to avoid a conviction or lessen its impact.
Legal Defenses to a Texas Domestic Violence Charge
If you are facing a domestic violence charge in Texas, it’s important to understand that you still have legal rights. There are several defenses that may be used to challenge the charges and protect your freedom. The best legal defense depends on the facts of the case, but there are some common strategies that lawyers use to fight domestic violence accusations.
One of the most effective defenses is self-defense. In many domestic violence cases, there may have been a physical struggle between two people. If you can show that you acted to protect yourself from harm, this may be a valid defense. For example, if your partner was trying to hit you or use a weapon, and you used reasonable force to defend yourself, the court may find that you were not the aggressor.
Another possible defense is claiming a false accusation. Sometimes, people are wrongly accused of domestic violence because of anger, jealousy, or a desire to gain an advantage in a custody battle or divorce case. If your lawyer can show that the other person had a reason to lie or that their story doesn’t match the evidence, the charges might be dismissed.
Lack of evidence is also a strong defense. In criminal cases, the prosecutor must prove beyond a reasonable doubt that the crime occurred. If there are no witnesses, no physical injuries, or conflicting stories, it may be hard for the state to meet that burden. Your lawyer may point out the weak points in the case and argue that there’s not enough proof to convict you.
Another defense could be mistaken identity. If someone else was involved and you were wrongly identified as the attacker, your lawyer may use alibi evidence, video footage, or witness testimony to show that you were not at the scene.
Finally, consent may sometimes be used as a defense, although this is rare. If the contact was part of mutual roughhousing or other agreed-upon behavior, it may not be considered assault under the law.
Every domestic violence case is different, so it’s important to speak with an experienced Texas criminal defense lawyer. A skilled attorney can review the details of your case and build the strongest possible defense to protect your rights and your future.
How Can a Criminal Defense Lawyer in Texas Handle Your Domestic Violence Case?
If you are charged with domestic violence in Texas, hiring a knowledgeable criminal defense attorney can make a big difference in how your case is handled and the outcome you receive.
Domestic violence charges are serious, and a skilled lawyer understands the complexities of these cases and how to protect your rights throughout the legal process.
One of the first things a good criminal defense attorney will do is carefully review the evidence against you. This includes police reports, witness statements, medical records, and any other information related to the incident.
By examining the evidence closely, the attorney can look for weaknesses or mistakes made by law enforcement or the prosecution. For example, if the police violated your rights during the arrest or if the evidence does not clearly prove you committed a crime, your lawyer can challenge these issues in court.
Your attorney will also work to develop the best possible defense based on the facts of your case. This could include showing that you acted in self-defense, that the charges are based on false accusations, or that there is not enough evidence to convict you. A skilled lawyer knows how to use legal rules and past court decisions to argue your case and protect your freedom.
In addition, a knowledgeable defense attorney will communicate with the prosecutor on your behalf. Sometimes, your lawyer can negotiate a plea deal or reduce charges, which can help avoid jail time or lessen the penalties. An attorney can handle negotiations with the prosecution on your behalf, presenting your case effectively and exploring all legal options.
Your lawyer will also guide you through the entire court process, explaining what to expect and helping you prepare for hearings or trials. They will advise you on how to behave, what to say, and what your legal options are at each stage. This support can reduce stress and help you make informed decisions.
Finally, a criminal defense attorney can protect your rights beyond the courtroom. They can assist with matters like protective orders or probation conditions to ensure they are fair and reasonable.
Consult a Knowledgeable Texas Criminal Defense Attorney Right Away
If you face a domestic violence charge in Texas, a skilled Texas defense attorney will meet with you to discuss your charge and go over all available legal options. They can also handle all court proceedings, negotiate with prosecutors on your behalf, and pursue the best possible result in your case.