Attorney
Being charged with a domestic violence or family-violence offense in Texas is serious, especially in Fort Worth and across Tarrant County. Once police are involved, the legal process moves fast. Arrests, protective orders, and court appearances can follow quickly, and your rights and freedom may be at risk. Understanding what to do next can make a significant difference in the outcome of your case.
What Is Domestic Violence in Texas?
Under Texas law, a “family violence” or “domestic violence” offense involves harm, threats, or offensive contact against a spouse, partner, family member, or someone in your household. The state doesn’t always wait for the alleged victim to press charges. Once law enforcement has probable cause, prosecutors can move forward on their own.
Penalties depend on the details of the case, such as whether there was bodily injury, use of a weapon, or prior incidents of violence. A first offense might be charged as a misdemeanor, punishable by up to a year in jail and a $4,000 fine.
If aggravating factors exist, such as choking, assault of a pregnant person, or repeat family-violence allegations, the charge can be elevated to a felony, carrying prison time and thousands in fines.
Step 1 — Protect Your Rights Immediately
The most important step after an arrest is to contact a criminal defense lawyer right away. Do not try to explain yourself to police or investigators. Even if you believe the situation is a misunderstanding, your words can be used against you later.
Avoid these early mistakes:
- Talking about your case with anyone but your lawyer.
- Posting about the incident on social media.
- Contacting the alleged victim or violating a protective order.
Once you hire an attorney, they can handle communications, request evidence, and begin protecting your legal rights from the start.
Step 2 — Understand the Bond, Orders, and Court Process
After an arrest, you may be released on bond, but the court will likely impose strict conditions — such as no contact with the alleged victim, surrendering firearms, or staying away from specific locations. Violating these terms can lead to new charges or revocation of your bond.
You may also face a protective order hearing, where a judge decides whether temporary restrictions should continue. These orders can affect your living situation, ability to see your children, or even your job if you’re required to carry a firearm.
Read every condition carefully and follow it exactly. Even accidental violations can make your case much more complicated to defend.
Step 3 — Gather and Review the Evidence
Your defense attorney will review every piece of evidence, including:
- Police reports and witness statements.
- Body-cam footage and photos from the scene.
- Medical records and alleged injuries.
- Any communication between you and the alleged victim.
The goal is to identify weaknesses, inconsistencies, or constitutional violations in the prosecution’s case. In some situations, there may be no physical evidence, conflicting witness accounts, or signs of self-defense.
A detailed investigation can uncover facts that lead to dismissal, a reduced charge, or a favorable plea.
Step 4 — Build a Strong Defense Strategy
Every domestic violence case is different. Depending on the facts, possible defenses may include:
- Self-defense or defense of others–You had the legal right to protect yourself or someone else.
- False accusation–Domestic disputes can lead to exaggerated or fabricated claims.
- Insufficient evidence–Unreliable testimony or lack of physical proof can create reasonable doubt.
- Lack of Intent–Sometimes physical contact happens by accident. If the incident occurred unintentionally and there was no intent to cause harm, lack of intent can be used as a defense.
- Violation of your rights–Evidence obtained unlawfully may be excluded from court.
Your attorney may also negotiate for alternative outcomes, such as diversion programs or deferred adjudication, especially for first-time offenders. These options can help you avoid a permanent criminal record.
Step 5 — Comply Fully with Court Orders
Once charges are filed, compliance is crucial. You must attend all court hearings, complete any required counseling, and avoid any behavior that could be seen as threatening or disrespectful to the process.
Even minor missteps — like missing a court date or contacting the alleged victim — can lead to immediate consequences and make your case harder to resolve. Demonstrating responsibility and cooperation can influence how judges and prosecutors handle your case.
Fort Worth Domestic Violence Defense Attorney
If you’ve been charged with domestic violence in Fort Worth, don’t wait to seek help. Early action can prevent mistakes, preserve your rights, and improve your outcome.
Daniel Collins Law is available 24/7 to help you understand your options and build a defense tailored to your situation. We’ll stand by you at every stage of the process. Contact us today for a confidential consultation.
People Also Ask
Will the case be dropped if the alleged victim changes their story?
Not automatically. Prosecutors can continue even if the alleged victim withdraws the complaint. Your lawyer must formally challenge the evidence to seek dismissal.
Is every domestic violence charge a felony?
No. Some are misdemeanors, but aggravating factors — such as prior offenses, serious injury, or use of a weapon — can elevate the charge to a felony.
Can I clear a domestic violence charge from my record?
In most cases, convictions cannot be expunged. However, if your case is dismissed or resolved through deferred adjudication, you may have options to seal your record.