A domestic violence accusation can lead to an arrest, restrictive bond conditions, protective-order proceedings, and serious concerns about your family, career, and reputation. Some allegations can also result in felony charges and potential prison time.
However, an accusation does not establish guilt.
A Domestic Violence Defense Attorney can examine the statements, physical evidence, video, medical records, and events surrounding the allegation. Milner & Wynne represents clients facing serious family violence and other criminal charges in Dallas and throughout North Texas.
What Is Considered Domestic Violence in Texas?
Texas law generally uses the terms “family violence” and “dating violence” rather than domestic violence.
Family violence can involve qualifying conduct between family or household members. Texas law also recognizes dating violence involving people who have or previously had a qualifying romantic or intimate relationship.
These definitions can cover more relationships than married couples.
Depending on the circumstances, allegations may involve:
- Spouses or former spouses
- Parents of the same child
- Relatives
- People living in the same household
- Former household members
- Current or former dating partners
Determining whether a qualifying relationship exists can affect how an assault allegation is charged and the consequences that may follow.
Common Domestic Violence Charges
Domestic violence is not a single criminal offense. Instead, several Texas offenses can involve family or dating violence.
Potential allegations include:
- Assault causing bodily injury
- Assault by threat
- Aggravated assault
- Assault involving strangulation
- Stalking
- Harassment
- Violation of a protective order
- Unlawful restraint
- Other serious violent offenses
The level of the charge depends on the alleged conduct, relationship, injuries, criminal history, use of a weapon, and other circumstances.
Some cases remain misdemeanors. Others can become felonies.
Assault Causing Bodily Injury to a Family Member
One common family violence allegation involves intentionally, knowingly, or recklessly causing bodily injury to another person.
Texas defines bodily injury broadly. An allegation does not necessarily require a broken bone, hospitalization, or other severe injury.
Police may rely on visible marks, photographs, statements, body-camera footage, or other evidence.
The defense can examine whether an injury actually occurred, how it occurred, who initiated the confrontation, and whether the accused possessed the required mental state.
An accidental injury or lawful act of self-defense presents different issues from an intentional assault.
Strangulation and Impeding Breath Allegations
Domestic violence cases become particularly serious when prosecutors allege strangulation or another action that impeded normal breathing or blood circulation.
These allegations can result in felony prosecution.
Police and prosecutors may rely on statements, photographs, medical examinations, body-camera footage, 911 recordings, and descriptions of symptoms after the alleged incident.
A Domestic Violence Defense Attorney can examine whether the medical and physical evidence supports the allegation.
The defense can also compare statements made at different stages of the investigation and identify inconsistencies concerning what allegedly occurred.
Self-Defense in a Domestic Violence Case
Self-defense can become a central issue when both people participated in a physical confrontation.
Police officers arriving after an incident may have to decide quickly who they believe was responsible.
That initial decision may not tell the complete story.
Important questions can include:
- Who initiated the confrontation?
- Was either person threatened?
- Who used force first?
- Was someone attempting to leave?
- Did either person have visible injuries?
- What did witnesses observe?
- Is there video of the incident?
- What happened immediately before police arrived?
Texas’s definition of family violence expressly excludes defensive measures used to protect oneself.
A defense investigation can therefore focus heavily on reconstructing the complete sequence of events.
What If Both People Have Injuries?
Visible injuries can be important evidence, but they do not automatically establish who committed a crime.
Both people may have injuries after a physical confrontation.
The location and nature of those injuries can potentially help explain what occurred. Photographs taken immediately after the incident may therefore become important evidence.
The defense may compare injuries with statements, medical records, video, and the physical scene.
An injury should be considered within the complete context of the encounter rather than treated as automatic proof of guilt.
Can the Alleged Victim Drop the Charges?
A person who initially reported domestic violence generally cannot simply “drop” the criminal charge after police and prosecutors become involved.
The government controls the prosecution.
An alleged victim can tell prosecutors that they no longer want the case to continue. They might also clarify, change, or dispute an earlier statement.
Prosecutors can still evaluate whether they believe other evidence supports the charge.
That evidence may include:
- 911 recordings
- Body-camera footage
- Photographs
- Medical records
- Witness testimony
- Text messages
- Statements made at the scene
Dallas County has a specialized Family Violence Division focused on intimate-partner violence cases.
As a result, defendants should not assume a case will automatically disappear because the person who made the original allegation no longer wants prosecution.
Protective Orders and Bond Conditions
Domestic violence allegations can affect more than the underlying criminal charge.
Depending on the circumstances, a defendant may face bond conditions restricting contact with another person or access to certain locations.
A separate protective-order proceeding may also occur.
Restrictions can affect where someone lives, communication with family members, firearm possession, and other aspects of daily life.
Violating a court order or bond condition can create additional legal problems.
Understanding exactly what a court order permits and prohibits is therefore important while the original criminal case remains pending.
Text Messages, 911 Calls, and Body-Camera Evidence
Family violence cases increasingly involve substantial electronic evidence.
A 911 recording may capture statements or background sounds during or immediately after an alleged incident.
Police body cameras can document injuries, emotional states, the physical scene, and statements made by everyone present.
Text messages can provide context about what happened before or after the confrontation.
Video from doorbell cameras, home security systems, neighboring properties, or businesses may also exist.
Defense counsel can compare these sources rather than relying entirely on the initial police report.
False or Exaggerated Domestic Violence Allegations
Some domestic violence allegations arise during highly emotional disputes.
Relationship problems, divorce, child custody disagreements, jealousy, financial conflicts, or other circumstances may provide important context.
That does not mean every allegation connected to a relationship dispute is false.
However, prosecutors still must prove the criminal charge.
When credibility is disputed, the defense can examine prior statements, electronic communications, video, witness accounts, physical evidence, and inconsistencies in the accusation.
A motive to exaggerate or provide an incomplete account may become relevant when supported by evidence.
When Domestic Violence Becomes a Felony
Certain circumstances can elevate a family violence case to felony prosecution.
Examples can include allegations involving impeding breathing or blood circulation, certain prior family violence convictions, aggravated assault, serious bodily injury, or deadly weapons.
The exact punishment depends on the offense and circumstances.
Felony allegations require careful examination because they can expose a defendant to years in prison and substantial collateral consequences.
Defense work can begin before indictment, including investigating witnesses and preserving evidence relevant to the accusation.
Building a Domestic Violence Defense
Every family violence case has different facts.
A Domestic Violence Defense Attorney may investigate issues involving:
- Self-defense
- Defense of another person
- Accidental injury
- Intent
- Identity
- Witness credibility
- Conflicting statements
- False or exaggerated accusations
- Medical evidence
- Video recordings
- Electronic communications
- Constitutional violations
The initial police report is only one source of information.
A complete defense should consider what occurred before the confrontation, what happened during it, and what the parties did afterward.
Frequently Asked Questions About Domestic Violence Defense
Is domestic violence always a felony in Texas?
No. Family violence allegations can be misdemeanors or felonies depending on the alleged conduct, prior history, injuries, and other circumstances.
Can I be arrested even if the other person does not want me arrested?
Potentially. Law enforcement can make an arrest when officers believe the circumstances provide legal grounds, regardless of whether the other person requests an arrest.
Can the alleged victim have domestic violence charges dismissed?
The alleged victim does not control the prosecution. Prosecutors decide whether the criminal case continues.
What if I acted in self-defense?
Self-defense can be an important issue. Texas’s family violence definition excludes defensive measures used to protect oneself, and the circumstances surrounding the use of force should be carefully examined.
What if there are no visible injuries?
The absence of visible injuries can be relevant, but it does not automatically prevent prosecution. The specific offense and other available evidence matter.
Can strangulation allegations result in felony charges?
Yes. Qualifying allegations involving impeding normal breathing or blood circulation can lead to felony prosecution under Texas law.
Can text messages help defend a domestic violence case?
Potentially. Messages may provide context, establish a timeline, contradict statements, or otherwise help explain the relationship and alleged incident.
Can a protective order affect a criminal case?
Protective orders and criminal prosecutions are separate legal matters, but they can arise from the same allegations. A defendant should carefully follow all court-ordered restrictions.
Speak With a Domestic Violence Defense Attorney
Domestic violence cases often involve conflicting accounts, emotional circumstances, and evidence that extends well beyond the original police report. Self-defense, injuries, 911 recordings, body-camera footage, medical records, witness credibility, and electronic communications can all affect the case.
Milner & Wynne focuses exclusively on criminal defense and represents clients facing serious misdemeanor and felony allegations in Dallas and throughout North Texas. If you have been arrested, charged, or learned that police are investigating a family violence allegation, a Domestic Violence Defense Attorney can examine the evidence and develop a defense based on the circumstances of your case.