Dallas Domestic Violence Defense Lawyer

Domestic Violence Charges in Texas

People think it won’t happen to them, but innocent people can get accused, charged, and convicted of domestic violence. In Texas, domestic or “family” violence occurs when someone causes or threatens physical harm, bodily injury, assault, or sexual assault. Family violence includes people who are a family member, household member, roommate, or someone you are dating or have dated.

You might wonder if there’s a difference between family violence and domestic violence. While people might use the terms differently, generally speaking, under Texas law, they are interchangeable and mean the same thing. Family violence cases are ones where the “victim” and the accused are people related by blood or marriage, former spouses, and people with a child or foster child together. If you or a loved one are dealing with any of the following, it’s time to contact a knowledgeable domestic violence defense lawyer in Dallas.

Assault Family Violence (Texas Penal Code § 22.01)

A person commits assault family violence if they assault a person they are dating or in their family or household.  Assault is intentionally, knowingly, or recklessly causing bodily injury. Bodily injury doesn’t require a visible injury. It is any contact that causes pain. The punishment for assault family violence depends on the level of the injury and whether it is a first offense or repeated conduct.

Assault Family Violence Enhanced (Texas Penal Code § 22.01)

A person commits assault family violence enhanced if they commit family violence and have a previous record of family violence.

Aggravated Assault Family Violence (Texas Penal Code § 22.02)

A person commits aggravated assault family violence if they commit family violence with a deadly weapon or cause serious bodily injury. A deadly weapon can be used or exhibited during the assault or immediately after the assault.

Other Domestic Violence Charges

• Impeding Breathing or Circulation (Texas Penal Code § 22.01(b)(2)(B))
• Injury to a Child, Elderly or Disabled Individual (Texas Penal Code § 22.04)
• Continuous Violence Against the Family (Texas Penal Code § 25.11)
• Violation of Protective Orders or Bond Conditions (Texas Penal Code § 25.07)
• Stalking (Texas Penal Code § 42.072)
• Interference with Emergency Request for Assistance (Texas Penal Code § 42.062)
• Harassment (Texas Penal Code § 42.07)

See Our Results

Assault Impeding Breathing – Not Guilty

Our client was a world-champion professional boxer. He was wrongly accused of brutally beating up an ex-girlfriend. However, the woman had no injuries and was looking for a payout. We took the case to trial and exposed her true motives in court. The jury found the client not guilty.

Other Domestic Violence Cases

• Assault Family Violence Charges from Ex-Girlfriend – Not Guilty
• False Assault Family Violence Charges – Dismissed
• Student Falsely Accused of Assault Family Violence – Not Guilty

More Results

Domestic Violence in Dallas, TX

Here is some helpful information about Domestic violence charges in Dallas, TX, and what you’ll deal with if you or a loved one are accused.

Penalties for Domestic Violence

If convicted of domestic violence in Texas, the penalties are severe and life-changing. While the courts consider your prior criminal record, the victim’s input, and the severity of injuries, a lot depends on how your specific domestic violence charges are classified.

The more severe the charge, the steeper the penalty. If charged with a Class A Misdemeanor, like physical assault, you could spend up to a year in jail and be fined up to $4,000 if convicted. If you’re convicted of a felony for family violence that involves impeding breathing, you could spend two to ten years in prison with a fine up to $10,000.

Domestic violence penalties include:

• Class C Misdemeanor Assault by Provocative or Offensive Contact – up to a $500 fine but no jail time.
• Class A Misdemeanor Assault Family Violence – up to 365 days (1 year) in the county jail and up to a $4,000.00 fine.
• Third-Degree Felony Assault Family Violence – 2 to 10 years in state prison and up to a $10,000 fine.
• Second-Degree Felony Assault Family Violence– 2 to 20 years in state prison and up to a $10,000 fine.
• First-Degree Felony Domestic Assault – 5 to 99 years or up to life in state prison and up to a $10,000 fine.
• Affirmative Finding of Family Violence – even if you are not convicted, the judge can make a finding that family violence occurred in a case which is a permanent mark on your record that carries serious consequences.

Domestic Violence FAQs

What is Dating Violence?

This is a violent act against a person with whom you have a dating relationship or people who, at some point, had a romantic or intimate relationship. The act must be intended to result in physical harm, bodily injury, assault, or sexual assault. Dating violence can also include threats but must reasonably place the person in fear of imminent danger.

Can ‘Victims’ Drop the Charges in a Domestic Violence Case?

No. The state prosecutes cases, not victims. Once domestic violence charges are filed, the alleged victim cannot have the charges dropped. The prosecutor can proceed even if the alleged victim does not wish to proceed. The prosecutor can, however, consider the victim’s wishes. This is tricky and requires an experienced domestic violence lawyer to help you navigate.

What’s a Protective Order?

A protective order, or “restraining order,” is a legal court order to protect someone after being harmed. In domestic violence cases, it can include various levels of protection, like prohibiting contact, mandating a certain distance from the victim, or requiring the respondent to vacate a shared residence.

If the protective order is violated, there can be more charges and harsh penalties. A temporary protective order lasts only a short period. You do not receive notice when a temporary protective order is brought against you. A full protective order requires a hearing and does require notice to be given to you.

Can I Be Charged with Domestic Violence If There Were No Injuries?

Yes. Bodily injury doesn’t require bruises or marks, only that the victim says they felt pain. Some non-physical acts, like stalking or harassment, can be considered forms of domestic violence.

Can Domestic Violence Charges Affect Employment or Child Custody?

A domestic violence conviction can impact current and future employment and child custody decisions. Domestic violence convictions and affirmative findings can lead to job loss or difficulty finding employment, especially in fields that require background checks or involve working with vulnerable populations. Also, if a parent is found to have committed domestic violence within two years of seeking custody, they may be denied or have restrictions placed on visitations.

Can Domestic Violence Be Expunged in TX?

Domestic violence convictions in Texas, and even guilty or no contest pleas, typically cannot be removed. Generally, two situations can lead to your charge being removed from your record. If your case was dismissed or acquitted, you may qualify to have the record expunged.

If your case ended upon successful completion of deferred adjudication, you may or may not be eligible for an order of nondisclosure. As laws and individual circumstances vary, you should consult an attorney with considerable domestic violence experience.

Domestic Violence Resources &Further Reading

Please visit our criminal defense resource center for more information about your rights and the legal process regarding domestic violence and other criminal charges.

Related Articles on Domestic Violence in Dallas

• What You Need To Know About Domestic Violence Charges in Dallas
• The Right to Remain Silent: Why You Should Keep Your Mouth Shut

Defending Against Domestic Violence Charges

While every domestic violence case is as unique as the people involved, several defense strategies can prove effective. These may include showing a lack of proof, arguing self-defense or defense of others, challenging the credibility of the victim or witnesses, or presenting an affidavit of non-prosecution. By utilizing these defenses and other tactics, you may be able to secure a charge reduction, a complete dismissal, or prove your innocence.

The good news in your domestic violence case is that the prosecutor must prove your guilt beyond a reasonable doubt. Reasonable doubt is the highest burden of proof in our justice system, and this can be a powerful defense when implemented by a skilled Dallas domestic violence attorney.

Our Promise to Every Client:

• A clear explanation of your case and your options – We take the time to get to know you and what you need to achieve in a domestic violence case.
• Your calls & messages will be answered within one business day – We use the latest technology to stay responsive and available.
• We’re always upfront about pricing – We’re committed to transparency and communicating regarding legal fees, so you are never surprised.
• We’ll craft a unique defense — Our team keeps you at the forefront of all our work.
• We Know What Works. – With more than 20 years of local experience in Dallas, we know the prosecutors, courts, police and how to get results.