How to Fight Domestic Violence Charges: Proven Defense Tips

Being accused of domestic violence in Texas can feel like the world is shrinking around you. In those first critical hours, it's easy to feel overwhelmed and panicked. But the choices you make right now will set the stage for your entire case. This is a disorienting, gut-wrenching experience, but understanding your rights under Texas law can make it less overwhelming.

Your first move isn't to explain or defend yourself. It’s to exercise your right to remain silent, stay completely away from your accuser, and get an experienced criminal defense attorney on the phone immediately.

Your First Steps After a Domestic Violence Accusation

An accusation of domestic violence can turn your life upside down in an instant. While your emotions are undoubtedly running high, the single most powerful thing you can do is approach this with a clear, strategic mind.

Navigate Interactions with Law Enforcement Carefully

If the police arrive, your only job is to be calm and respectful. Getting angry or resisting will only make a bad situation worse and could lead to more charges. Remember, you have a constitutional right to remain silent, and it is crucial that you use it.

You are required to provide basic information like your name and address. That's it. After that, you should politely but firmly state, "Officer, I am going to remain silent, and I want to speak with my attorney." Do not try to tell your side of the story. Do not argue. Anything you say can be twisted and used against you later.

What to Expect During the Arrest and Booking Process

If you are arrested, you will be taken to jail for booking. It’s a standard, and frankly, dehumanizing process:

• Recording Personal Information: They’ll take down your name, date of birth, and other details.
• Mugshots and Fingerprints: They will take photos and fingerprints for their records.
• Property Confiscation: Your personal items will be collected and held until you are released.

Cooperate with these basic procedures. It is not an admission of guilt, and it prevents any unnecessary trouble.

Make no mistake, Texas law enforcement and prosecutors take these charges very seriously. The National Coalition Against Domestic Violence reports that about 20 people are physically abused by an intimate partner every minute in the U.S. Because intimate partner violence makes up 15% of all violent crime, many jurisdictions have mandatory arrest policies. You can find more domestic violence statistics that paint a picture of the legal climate you’re now facing.

Take Proactive Steps to Protect Yourself

As soon as you can, your number one priority is to hire a skilled Texas criminal defense attorney. A good lawyer can get to work right away protecting your rights, helping secure your release, and telling you exactly what to do next. Do not put this off.

At the same time, begin preserving any evidence that could support your case. Think about:

• Text messages or emails that provide context around the incident.
• Photos of any injuries you might have sustained.
• The names and contact information of anyone who may have witnessed what happened.

The immediate aftermath of a domestic violence accusation is a minefield of potential mistakes. Knowing what to do—and more importantly, what not to do—can make all the difference in your defense.

Immediate Actions vs. Common Mistakes After an Accusation

By taking measured, deliberate steps, you put yourself in the strongest possible position to fight for your future.

It is absolutely critical to understand that you must have zero contact with the alleged victim. Do not call, text, email, or attempt to communicate through friends or family. Violating this can lead to new criminal charges for violating a protective order, even if the accuser initiated the contact.

Your silence is your shield right now. An experienced attorney is your guide. The initial moments after an accusation are fraught with peril, but by staying calm and following this advice, you can begin building a powerful defense.

If you are facing a domestic violence accusation in Texas, the weight of the situation can feel unbearable. Contact The Law Office of Bryan Fagan today for a free consultation. We are here to listen, provide clear guidance, and help you understand your rights and options.

Understanding Texas Domestic Violence Laws

To effectively fight a domestic violence charge, you must first understand the legal landscape you're navigating. The Texas Penal Code uses specific, and often confusing, language to define these offenses. However, knowing the rules is the first step toward building a strong defense. The law is written to be incredibly broad, and an accusation can arise from situations most people wouldn't consider "violent."

At its core, a domestic violence charge in Texas is an assault charge with one additional element: the relationship between you and the accuser. This single factor transforms a standard assault into a far more serious "assault family violence" case, carrying much harsher consequences.

What Is Family Violence in Texas?

The Texas Family Code § 71.004 defines "family violence" in a way that covers a lot of ground. It's not just about physical harm between a husband and wife. The law includes any act against a family member that's intended to cause physical harm, injury, assault, or sexual assault. Even a threat that makes someone fear any of those things can be enough to trigger a charge.

A key point that often trips people up is how broadly Texas defines a "family member." This goes way beyond spouses, parents, and children. It also includes:

• Former spouses
• Anyone related by blood or marriage
• Parents of the same child, whether married or not
• People who live together or have lived together
• Anyone in a "dating relationship"

That last one is particularly significant. A heated argument with someone you're casually dating can lead to the same severe charges as an incident between a married couple. To build a solid defense, it's critical to see how these specific charges fit within broader criminal law principles.

The Different Levels of Domestic Violence Charges

The severity of the charge depends on the details of the allegation and your criminal history. Things can escalate quickly, which is why having a smart defense strategy from day one is so important.

A first-time offense for assault family violence is typically a Class A Misdemeanor. Don't let the word "misdemeanor" fool you—the penalties are serious. We're talking up to a year in jail and a fine of up to $4,000. But the situation can become much worse depending on the circumstances.

For example, if the police report mentions choking or anything that impeded breathing or circulation, the charge automatically jumps to a third-degree felony. That carries a potential prison sentence of two to ten years. A second domestic violence accusation is also automatically enhanced to a third-degree felony, regardless of the specific allegation.

The long-term consequences are life-altering. A final conviction for assault family violence—even a misdemeanor—means you permanently lose your right to own or possess a firearm under federal law. It's not temporary. It's forever.

These strict laws are part of a global trend. Since 1995, over 1,529 legislative measures have been put in place across 191 countries to combat violence against women and girls. In fact, over 95% of the institutional frameworks for this issue have been established in that time. This global push has definitely influenced how Texas courts approach these cases, often with very rigid protocols. You can discover more insights about these global trends on data.unwomen.org.

Learning about these laws isn’t about admitting wrongdoing. It’s about knowing exactly what the prosecution must prove to convict you—and, more importantly, finding the weak spots in their case. This is the foundation for fighting to protect your name and your future.

Building Your Defense Strategy with an Attorney

An accusation is not a conviction. It is essential to hold onto that truth as you begin the fight against a domestic violence charge in Texas. A successful defense isn't about luck; it’s built, piece by piece, through a thorough investigation, a clear legal strategy, and a solid partnership between you and your attorney. This is where you shift from reacting to the accusation to proactively building a case that challenges the prosecution's claims.

Your attorney’s first order of business is to obtain every piece of information the state has against you. We do this through a formal process called discovery. During discovery, the prosecutor is legally required to turn over all of their evidence—police reports, witness statements, 911 recordings, photos, and any video from body cams or dash cams. This isn't just a formality; it’s the bedrock of your entire defense.

Your involvement here is absolutely crucial. You know the history and the context better than anyone. As you and your lawyer comb through the evidence, you can pinpoint inconsistencies, inaccuracies, or missing details that can create the reasonable doubt needed to win.

Exploring Common Defense Strategies

Every domestic violence case is unique, but most defense strategies fall into a few key categories. Your attorney will determine the most effective path forward based on the specific facts and evidence we uncover during discovery.

Here are some practical, common approaches we take:

• Self-Defense or Defense of Others: Texas law is clear: you are permitted to use reasonable force to protect yourself or someone else from harm. If we can show that you were responding to an act of aggression from the accuser, this can be a powerful defense. Evidence like your own injuries (even minor ones) or threatening texts from the accuser can be invaluable here.
• False Allegations: Unfortunately, false accusations are more common than people think. They often surface during messy divorces, heated child custody disputes, or moments of anger and revenge. Your attorney will work to expose the accuser's true motivation by identifying inconsistencies in their story, uncovering a history of false claims, or finding witnesses who can provide a different account.
• Lack of Criminal Intent: To secure a conviction, the prosecutor must prove you intended to cause harm or make a threat. If an injury was accidental or your actions were misinterpreted in a chaotic moment, we can argue that the required criminal intent was simply not there.

The success of any of these strategies comes down to the evidence you can provide. A huge part of building a strong defense is understanding the paramount importance of evidence in court, which your attorney will meticulously gather and present.

Your Role in Gathering Favorable Evidence

While your lawyer leads the charge, you are a vital member of the evidence-gathering team. Your personal knowledge can uncover details the police may have missed or ignored. It's your job to think carefully about everything that happened before, during, and after the incident.

For example, let's say an argument escalated, and you had to restrain your partner to prevent them from hurting themselves or you. They later claim you assaulted them. To build a solid self-defense claim, you and your attorney would immediately start looking for:

• Witnesses: Was anyone else present? Did a neighbor hear something that supports your version of events?
• Digital Communications: Are there text messages or emails from before or after the incident that reveal the accuser's state of mind, their history of aggression, or statements that contradict their current claims?
• Physical Evidence: Did you sustain any scratches, bruises, or have your shirt torn? Take clear pictures immediately.

Working with your attorney is a collaborative process. Be completely honest and share every detail, even those you think might be embarrassing or irrelevant. Your attorney can only build the strongest defense when they have all the facts.

By carefully dissecting the prosecution's evidence and proactively collecting your own, you begin to rewrite the narrative. You shift the focus from their one-sided story to one grounded in the full truth. This methodical, strategic approach is how you begin to dismantle the state's case and fight for your future. This isn't just about avoiding jail time; it’s about protecting your reputation, your career, and your relationship with your children.

Navigating Protective Orders and Their Impact

When you’re accused of domestic violence, the criminal charge is only half the battle. Often, a protective order is issued almost immediately, and its impact can be swift and devastating.

Suddenly, you can find yourself legally barred from your own home, unable to see your children, and completely cut off from your daily life—all before you’ve even had a chance to tell your side of the story.

Understanding these orders is your first step toward regaining control. They are civil orders that run parallel to your criminal case, but they move much faster and have a lower burden of proof. This means you could lose a protective order hearing even if you are eventually found not guilty of the criminal charge.

The Different Types of Protective Orders in Texas

In Texas, you will likely encounter one of three types of protective orders. Each serves a different purpose and has its own duration and legal standard.

• Emergency Protective Order (EPO): This is typically the first one you'll see. A judge can issue an EPO at the request of the police immediately after an arrest for family violence. It can last from 31 to 91 days and almost always prohibits any contact with the alleged victim. It may also require you to leave your shared home.
• Temporary Ex Parte Order: This order is requested by the alleged victim in a civil court. "Ex parte" is a legal term meaning it’s issued without you being present to defend yourself. It's temporary, usually lasting about 20 days, which is just enough time to schedule a formal hearing where you can finally present your side.
• Final Protective Order: This is the most significant order. It's a long-term order issued after a full court hearing where both sides present evidence. If a judge finds that family violence has occurred and believes it’s likely to happen again, they can issue a Final Protective Order that lasts for up to two years.

The terms of these orders can be incredibly restrictive, impacting everything from where you live to your fundamental parental rights.

It's helpful to understand how these orders differ, as they are not all created equal and the legal standard for each varies.

Types of Protective Orders in Texas

As you can see, the requirements and timelines vary. Knowing exactly what you're up against is the first step in building a strong defense.

The Protective Order Hearing Process

The hearing for a Final Protective Order is a critical moment. Unlike a criminal trial where the state must prove guilt "beyond a reasonable doubt," the standard here is much lower: a "preponderance of the evidence."

This means the judge only needs to believe it’s more likely than not (a 51% standard) that family violence occurred.

During the hearing, your accuser will testify, and their attorney will present evidence. Your attorney will have the opportunity to cross-examine them, challenge their evidence, and present your own witnesses and proof. Because the stakes are so high and the burden of proof is so low, preparing for this hearing is just as important as preparing for your criminal case.

A common and dangerous mistake is to underestimate the protective order hearing. The findings from this civil case can be used against you in your criminal case and any ongoing divorce or custody battles. Winning this hearing is a top priority.

For example, a client of ours was forced out of his home by an EPO after a heated argument with his wife, leaving him unable to see his two young children. We immediately filed a response and prepared for the hearing, gathering text messages that showed the argument was mutual and had not become violent. By presenting this evidence, we demonstrated that family violence was not likely to occur in the future. The judge denied the Final Protective Order, allowing our client to return home and see his children while the criminal case was pending.

Finally, a word of caution: strictly adhering to any active order is non-negotiable. Violating a protective order—even by sending a single text message you think is harmless—is a separate criminal offense that will land you back in jail and severely damage your defense.

The Court Process from Arraignment to Trial

The path through the Texas criminal justice system can feel long and confusing, especially when you don't know what's around the next corner. It’s completely natural to feel anxious. Understanding the process empowers you to make clear-headed, strategic decisions with your lawyer.

From that first court appearance to a potential jury trial, every stage has a specific purpose. Knowing what to expect can transform fear into focus. While the road ahead is complex, it is navigable with the right legal guidance.

Your First Appearance: The Arraignment

The first formal step inside the courthouse is the arraignment. This is a brief but critical hearing where the judge officially informs you of the charges against you. The complaint will be read, and you'll be asked to enter a plea.

In almost every case, the correct plea is "not guilty." This isn't a statement about what happened; it's a procedural move that preserves all of your constitutional rights and formally begins your defense. Pleading guilty at this early stage is like forfeiting the game before it starts.

The Critical Pre-Trial Phase

After the arraignment, your case enters the pre-trial phase, where most of the real work is done. This period is dedicated to investigation, negotiation, and intense preparation between your attorney and the prosecutor.

Here’s what happens during this time:

• Discovery Review: Your attorney obtains all the state's evidence—police reports, witness statements, 911 calls, body cam footage, and photos—and reviews it meticulously.
• Filing Motions: We may file motions to suppress illegally obtained evidence or even a motion to dismiss the case if the state’s evidence is weak.
• Negotiations: Your lawyer will communicate with the prosecutor to explore potential outcomes, such as a dismissal, a reduction in charges, or a plea bargain.

A plea bargain is an offer from the prosecutor to resolve the case without a trial, usually involving a plea to a lesser charge or an agreed-upon punishment. The decision to accept a plea deal is one of the most significant you'll make, and it's one you will only make after a thorough discussion of the strengths and weaknesses of your case.

This helpful infographic illustrates the different types of protective orders you may be dealing with during this time.

Each of these orders has a different timeline and legal standard. Navigating them is a key part of our pre-trial strategy.

Understanding the Gravity of the Charge

It's crucial to understand how seriously prosecutors and judges view these cases. The statistics surrounding intimate partner violence are incredibly stark. In 2023, for instance, approximately 51,000 women worldwide were killed by partners or family members, making up about 60% of all female homicides. This global reality absolutely shapes the aggressive approach taken by Texas courts. You can read the full research about these global findings on unodc.org.

Taking Your Case to Trial

If a plea agreement isn't reached or isn't in your best interest, your case will be set for trial. Here, the State of Texas must prove its case against you "beyond a reasonable doubt" to a jury. The trial follows a structured sequence:

1. Jury Selection (Voir Dire): Both attorneys question potential jurors to select a fair and impartial panel.
2. Opening Statements: Each side outlines their case for the jury.
3. Presentation of Evidence: The prosecutor presents their case first. Your attorney cross-examines each witness.
4. Defense's Case: After the state rests, we may present our own witnesses and evidence.
5. Closing Arguments: Each side summarizes their case and argues for a favorable verdict.
6. Jury Deliberation and Verdict: The jury deliberates privately and must reach a unanimous verdict of "guilty" or "not guilty."

The decision to go to trial is a significant one. It's your only chance for a full acquittal, but it also carries the risk of a conviction and a potentially harsher sentence than a plea offer. This is a collaborative decision we make together, based on a cold, hard analysis of all the evidence.

Navigating the court process is overwhelming, but you don't have to do it alone. With an experienced legal team in your corner, each step becomes clearer and much more manageable.

Answering Your Most Pressing Questions About Domestic Violence Charges

When you’re suddenly thrown into the chaos of a domestic violence allegation, your mind is likely spinning with questions. The uncertainty alone can feel crushing. Getting clear, straight answers is the first step toward regaining control. Here are some of the most urgent questions we hear from clients every day.

What If the Person Who Accused Me Wants to Drop the Charges?

This is one of the most common and dangerous misconceptions. The hard truth is this: in Texas, an individual does not "press charges." The State of Texas does. The decision to proceed with the case belongs entirely to the District Attorney's office, not the person who made the initial complaint.

Even if your accuser recants their story or asks the prosecutor to drop the case, the state can—and often will—move forward. Many Texas counties have strict "no-drop" policies. This means they'll build their case using other evidence, such as:

• The original 911 call recording
• Statements captured on police body cams
• Photos taken at the scene
• Testimony from the responding officers

While the accuser's wishes are a factor the prosecutor will consider, they are not the final say.

Will This Charge Mess Up My Child Custody Case?

Yes, absolutely. A domestic violence allegation can have a devastating and immediate impact on your rights as a parent. The Texas Family Code is built around one central principle: the "best interest of the child."

Section 153.004 of the Texas Family Code establishes a rebuttable presumption. This legal standard means the court will automatically assume it is not in a child's best interest for a parent with a history of family violence to have custody (be appointed a managing conservator) or even have unsupervised visits.

A criminal charge, even without a conviction, can be used against you in family court. A conviction makes fighting for custody incredibly difficult.

Protecting your parental rights is one of the most important reasons to fight a domestic violence charge with everything you've got. The outcome of your criminal case will directly and powerfully influence your family court case.

If the Charges Get Dismissed, Is My Record Automatically Cleared?

Clearing your record is a possibility, but it depends on how the case ends. It is not an automatic process.

• Expunction: This is the best-case scenario. If your case is dismissed outright or you are found "not guilty" at trial, you will likely be eligible for an expunction. This legal process completely destroys all records of the arrest and charge. For all legal purposes, it's as if it never happened.
• Order of Non-Disclosure: This is a different path. If you complete a specific type of probation called deferred adjudication, you might be eligible for an order of non-disclosure. This seals your record from public view, but it doesn't destroy it. Law enforcement and certain government agencies can still access it.

Which option is available to you is determined entirely by the final outcome of your case.

What’s the Real Difference Between Assault and Assault Family Violence?

The underlying criminal act—intentionally, knowingly, or recklessly causing bodily injury—is the same for both charges. The critical difference is the relationship between you and the alleged victim.

If the act was committed against a "family member," "household member," or someone in a "dating relationship" (as defined by the Texas Family Code), the charge is elevated to Assault Family Violence. This isn't just a change in name; it triggers severe, lifelong consequences that a simple assault charge doesn't, including:

• The permanent loss of your Second Amendment right to own a firearm under federal law.
• A "family violence finding" that stays on your permanent record.
• Much harsher penalties for any future allegations.

This distinction is precisely why these charges must be fought so aggressively from the very beginning.

If you need help navigating divorce, custody, or estate planning in Texas, contact The Law Office of Bryan Fagan today for a free consultation. The legal team at The Law Office of Bryan Fagan, PLLC is here to provide the experienced and compassionate guidance you need. Visit us at https://texascriminallawyer.net.