Attorney
Getting arrested for family violence can be overwhelming, especially if you’ve never been involved in the legal system before. A single accusation can lead to immediate consequences, including jail time, protective orders, and restrictions that impact your daily life. Texas law treats these cases seriously, and even first-time offenders can face life-changing penalties. The legal process can be confusing, and mistakes early on can make things worse. No matter the circumstances, you have rights. Understanding them now can help you make the best choices for your future.
Understanding Family Violence Charges in Texas
In Texas, family violence—often called domestic violence—includes any act intended to cause harm or fear of harm to a family or household member. This can involve a spouse, dating partner, child, or even a roommate. Charges can arise from physical violence, threats, or intimidation, even if no physical injury occurs.
Law enforcement takes domestic violence allegations seriously. In many cases, if officers respond to a call and believe an offense has occurred, they will make an arrest—even if the accuser later wants to drop the charges. A first-time offense is usually a Class A misdemeanor, punishable by up to a year in jail and a $4,000 fine. However, charges can escalate to a felony in certain situations, such as if the accused has prior convictions.
What Happens After an Arrest?
Getting arrested for family violence can be overwhelming. After your arrest, you will be taken to jail, fingerprinted, and booked. A magistrate will then determine your bail amount, deciding whether you can be released before trial. In many cases, the court issues an emergency protective order, which may restrict contact with the alleged victim and even prevent you from returning home. Violating this order can lead to additional charges. You will also need to attend court hearings.
Defending Against a Family Violence Charge
There are several legal defenses to a charge of family violence that may apply to your case. Prosecutors must prove the charges beyond a reasonable doubt, and we work to challenge their evidence at every stage. Possible defenses include:
- False accusations – Sometimes, family disputes lead to false claims out of anger, revenge, or misunderstandings. We investigate inconsistencies in the accuser’s statements.
- Self-defense – If you acted to protect yourself from harm, we present evidence showing that your actions were justified.
- Lack of evidence – The prosecution must prove guilt, and without solid evidence—such as injuries, eyewitnesses, or recordings—the case may be weak.
- Recanting accuser – Even if the accuser wants to drop charges, the case may continue. However, a recanting statement can weaken the prosecution’s argument.
Common Mistakes and Misconceptions to Avoid
Facing a family violence charge can be confusing, and many people make mistakes that hurt their case. Avoid these common pitfalls:
- Talking to the police without a lawyer – Anything you say can be used against you. It’s best to remain silent until you have legal representation.
- Assuming the charges will be dropped – Even if the alleged victim wants to drop the case, the prosecution can still move forward.
- Violating a protective order – Ignoring a no-contact order, even if the accuser initiates communication, can lead to additional charges. Always follow the court’s restrictions.
- Accepting a plea deal without legal advice – A quick plea deal might seem like the easiest option, but it could leave you with a permanent criminal record.
Understanding these risks can help you avoid unnecessary legal trouble and improve your chances of a favorable outcome.
How We Can Help Protect Your Future
At Daniel Collins Law, we understand that a family violence charge can have lasting consequences. That’s why we take an aggressive approach to defending our clients. We examine every detail of the case, from police reports to witness statements, looking for weaknesses in the prosecution’s argument. In some cases, we may be able to get the charges dismissed or reduced. If the case goes to trial, we build a strong defense, challenging any questionable evidence. We also explore alternative resolutions, such as pretrial diversion or counseling programs, to help clients avoid a conviction. Protecting your future is our priority, and we advocate for the best possible result.
Contact an Experienced Texas Family Violence Attorney
A first-time family violence charge does not have to define your future. You have legal rights, and the right defense can make all the difference. At Daniel Collins Law, we are ready to fight for you. Contact us today to discuss your case and explore your legal options.