Defending Against Domestic Violence Charges in Texas
How a single accusation can upend your life and what an experienced defense attorney can do about it
In Texas, domestic violence charges can be filed based on nothing more than a phone call and an accusation. No physical evidence. No corroborating witnesses. Just one person's word. And yet the consequences of a conviction are severe and lasting. If you are facing a family violence charge, you need an attorney who will fight for you from day one.
What Texas Law Considers Family Violence
Under the Texas Family Code and Penal Code, family violence includes:
- Assault - Family Violence - intentionally, knowingly, or recklessly causing bodily injury to a family or household member
- Protective Order Violations - violating the terms of a court-issued protective or magistrate's order
- Stalking - engaging in conduct that causes a person to feel harassed, annoyed, or threatened
- Harassment - repeated communications intended to annoy, alarm, abuse, torment, or embarrass
- Interference with an Emergency Call - preventing someone from calling 911 or emergency services
Even a Class A misdemeanor family violence conviction carries up to one year in jail, a $4,000 fine, and a permanent mark on your record that can never be expunged.
The Problem with How These Cases Are Prosecuted
Texas prosecutors are trained to pursue family violence cases aggressively - even when the alleged victim recants or refuses to cooperate. The state can proceed with charges using other evidence: 911 recordings, officer body cam footage, medical records, or prior incidents. This means the complaining party cannot simply drop the charges - only the prosecutor can do that.
Consequences Beyond the Criminal Case
- Loss of your right to possess a firearm under federal law
- Adverse outcomes in divorce and child custody proceedings
- Immigration consequences for non-citizens
- Loss of professional licenses
- A permanent record that cannot be sealed or expunged
How We Defend Family Violence Cases
- Challenging the evidence - scrutinizing 911 calls, body cam footage, medical records, and witness statements for inconsistencies
- Self-defense - Texas law recognizes the right to defend yourself, even within a domestic relationship
- False accusation - demonstrating that the allegation arose from a custody dispute, divorce proceeding, or other motive to fabricate
- Lack of injury or corroboration - challenging the sufficiency of the evidence to prove the charge beyond a reasonable doubt
Call Hawk Law PC Now
Time is critical in domestic violence cases. Michael Hawk has over 30 years of experience defending clients against family violence charges in Texas. Call (469) 699-HAWK today for a confidential consultation.