How To Defend Against Domestic Violence Charges In Texas

How To Defend Against Domestic Violence Charges In Texas

When law enforcement comes to your door on a domestic violence call, everything changes in an instant. An arrest can be made even without physical evidence, and once charges are filed, prosecutors often push for the harshest penalties possible. As criminal defense attorneys in Galveston, we know how aggressively these cases are pursued in Texas. That is why building a defense starts immediately with the challenging evidence, exposing weaknesses, and putting pressure back on the State.

Domestic violence charges are not only about criminal penalties. They threaten your reputation, employment, and even your right to see your children. Under Texas law, a conviction can carry jail time, steep fines, and collateral consequences that follow you long after the case ends. Prosecutors and judges view these cases through a zero-tolerance lens. We have seen firsthand how quickly an accusation can spiral, and we know that a strong, calculated defense is the only way to protect your rights and future.

Understanding Domestic Violence Under Texas Law

Texas law treats domestic violence under the umbrella of “assault family violence.” Under Texas Penal Code § 22.01, assault occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to another,
• Threatens another with imminent bodily injury, or
• Causes physical contact they know or should reasonably believe will be offensive or provocative.

If the alleged victim is a family member, household member, or someone in a dating relationship, the charge is enhanced as domestic assault.

Prosecutors often rely on broad definitions of “bodily injury” and “family member.” This is where we fight back—forcing them to prove every element and challenging weak or exaggerated claims.

Misdemeanor Versus Felony Charges

Not all domestic violence cases are the same. The level of the charge depends on the facts, history, and allegations.

• Class A misdemeanor – First-time offense with bodily injury. Punishable by up to one year in jail and $4,000 in fines.
• Third-degree felony – Assault against a family member with a prior domestic violence conviction under Texas Penal Code § 22.01(b)(2). Punishable by 2–10 years in prison and up to $10,000 in fines.
• Second-degree felony – Strangulation or suffocation against a family or household member. Punishable by 2–20 years in prison.

Knowing what you are facing allows us to craft a defense that anticipates prosecutorial strategies and prepares for every angle.

Common Defense Strategies We Use

Every domestic violence case is unique, but some defenses come up time and again. We use aggressive cross-examination, expert testimony, and investigative tools to dismantle the State’s case. Common defenses include:

• Lack of evidence – Prosecutors often file charges with little more than statements. Without physical proof, we push to dismiss.
• Self-defense – If you were defending yourself against an attack, we argue justifiable use of force under Texas Penal Code § 9.31.
• False allegations – Custody disputes, divorces, and personal grudges often lead to fabricated claims. We expose motives and contradictions.
• Accident – If contact was unintentional, prosecutors must prove intent beyond a reasonable doubt.
• Violation of rights – Illegal searches, improper questioning, or coerced statements can lead to evidence suppression.

Protective Orders And Their Consequences

After an arrest, courts often issue protective orders restricting contact with the alleged victim. Under Texas Family Code § 85.001, these orders can remove you from your home, block communication, and restrict firearm possession. Violating a protective order is a separate criminal offense.

We fight these orders aggressively because they damage family relationships and give prosecutors leverage. Where possible, we push for modifications or termination.

Why The Stakes Are Higher In Domestic Violence Cases

Unlike many other criminal charges, prosecutors rarely drop domestic violence cases even if the alleged victim wants to. The State controls the case, not the accuser. This means once charges are filed, you need a defense team prepared to fight for dismissal, acquittal, or reduced charges.

A conviction can also trigger long-term collateral consequences, such as:

• Loss of firearm rights under federal law (18 U.S.C. § 922(g)(9))
• Barriers to certain jobs and professional licenses
• Immigration consequences, including deportation for non-citizens
• Impact on divorce and child custody proceedings

Domestic Violence Frequently Asked Questions

What Should I Do Immediately After Being Charged With Domestic Violence In Texas?

You should remain silent and contact a defense attorney immediately. Anything you say to law enforcement can and will be used against you. Do not attempt to contact the alleged victim, even if you believe it will help. Violating no-contact conditions only makes your situation worse.

Can I Be Arrested For Domestic Violence Even If The Alleged Victim Does Not Press Charges?

Yes. In Texas, once police respond to a domestic disturbance, the decision to arrest is theirs. Prosecutors can proceed with charges even if the alleged victim does not cooperate. This is why you need legal representation as soon as possible.

Is Probation An Option In Domestic Violence Cases?

Probation may be available for certain misdemeanor domestic violence cases, but it comes with strict conditions, including counseling, community service, and no-contact provisions. However, under Texas law, a family violence finding remains on your record permanently, even if you successfully complete probation.

What Happens If I Violate A Protective Order?

Violating a protective order is a separate criminal offense in Texas. It can result in arrest, jail time, and additional charges. The State often uses violations to argue for harsher penalties in the underlying case.

How Does A Prior Conviction Affect Domestic Violence Charges?

A prior conviction significantly increases penalties. Under Texas Penal Code § 22.01(b)(2), a second offense can be elevated to a felony, exposing you to years in prison instead of months in jail.

Can Domestic Violence Charges Be Expunged From My Record?

If you are convicted, domestic violence charges generally cannot be expunged or sealed. If charges are dismissed or you are acquitted, you may qualify for expunction under Texas Code of Criminal Procedure Chapter 55.

Can False Accusations Really Be Proven False In Court?

Yes, but it requires aggressive defense work. We investigate motives, cross-examine witnesses, and gather independent evidence. Texts, emails, or witness testimony often expose inconsistencies and lies.

What If The Alleged Victim Wants To Drop The Charges?

In Texas, the decision to prosecute does not belong to the alleged victim. Once police file a report, the case is in the hands of the District Attorney. Even if the accuser signs an affidavit of non-prosecution, prosecutors can and often do move forward. We use a victim’s lack of cooperation to our advantage in negotiations, but it does not guarantee dismissal. This is why mounting an aggressive defense is critical from day one.

Can Domestic Violence Charges Affect Child Custody In Texas?

Yes. Family courts in Texas consider domestic violence allegations when determining custody, visitation, and parental rights. Under Texas Family Code § 153.004, a history of family violence can limit custody rights or lead to supervised visitation. We fight to prevent unproven allegations from being used unfairly in family court and work to protect your parental rights throughout the process.

Do Police Have To Witness The Assault To Make An Arrest?

No. In many cases, arrests are based solely on statements made at the scene. Officers may rely on the alleged victim’s account, visible injuries, or witness testimony. The problem is that these reports are often exaggerated or incomplete. Our job is to tear those reports apart in court and expose gaps in the State’s case.

What Happens If I Am Accused Of Strangulation Or Choking?

Allegations of strangulation are extremely serious. Under Texas Penal Code § 22.01(b)(2)(B), impeding normal breathing or circulation of the blood by applying pressure to the throat or neck is a second-degree felony. This carries 2–20 years in prison and up to $10,000 in fines. Because of the severity, prosecutors pursue these cases aggressively. We counter with medical experts, forensic review, and cross-examination to challenge whether the evidence supports the allegation.

Can I Defend Myself If The Accuser Has Injuries?

Yes. Injuries do not automatically prove guilt. Self-defense is a recognized defense under Texas Penal Code § 9.31. If you used force to protect yourself, the presence of injuries on the other party does not eliminate your defense. We highlight your injuries, witness accounts, or inconsistencies in the accuser’s story to prove that you were not the aggressor.

How Long Will A Domestic Violence Case Take In Texas?

The timeline varies depending on whether the case goes to trial. Some cases may be resolved in weeks through dismissal or plea negotiations, while others take months or longer to reach trial. During this time, protective orders and restrictions can weigh heavily on your life. We push for swift action where dismissal is possible but are fully prepared for a drawn-out courtroom battle if that is in your best interest.

Can I Own A Firearm After A Domestic Violence Conviction?

No. A conviction for domestic violence results in a lifetime federal firearm ban under 18 U.S.C. § 922(g)(9). This applies even if the conviction was for a misdemeanor. For many of our clients, losing the right to own or carry a firearm is devastating. That is why we fight so hard to secure acquittals, dismissals, or reductions to non-family violence charges whenever possible.

Why Do I Need A Trial Attorney If I Plan To Negotiate A Plea Deal?

Because prosecutors only respect leverage. When they know your attorney is willing and able to try the case, they treat negotiations seriously. A lawyer who avoids trial gives away power. We enter every negotiation from a position of strength, ready to fight in court. That is how we secure reduced charges, probation instead of jail, or outright dismissals when the State’s case is weak.

Call Mark Diaz & Associates To Fight For Your Future

At Mark Diaz & Associates, we have defended clients in Galveston and Houston courts for decades. We know the tactics prosecutors use in domestic violence cases, and we know how to counter them—through relentless cross-examination, strategic negotiation, and courtroom toughness.

If you or someone you love is facing domestic violence charges, do not wait. The State is already building its case. Contact our Galveston criminal defense lawyer at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Our office is located in Galveston, and we represent clients throughout Houston and across Texas. We will fight to protect your freedom, your reputation, and your future.