A domestic violence arrest in Texas triggers a cascade of immediate and severe consequences that go far beyond a standard criminal charge. The state treats family violence allegations with exceptional aggression, often imposing restrictions on your freedom before you ever have a chance to defend yourself in court. If you are facing these allegations, securing a knowledgeable Plano domestic violence defense lawyer is not just an option, it is a necessity to protect your rights, your reputation, and your future.
What Defines Domestic Violence?
Under Texas law, domestic violence is prosecuted as “assault family violence.” According to the Texas Family Code Section 71.004, family violence is defined broadly as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the member in fear of imminent physical harm [1]. It is crucial to understand that “family or household” includes not just spouses and blood relatives, but also roommates, former spouses, and individuals in dating relationships.
Furthermore, an assault does not require severe injury; under the Texas Penal Code, simply causing physical contact that you know the other person will regard as offensive or provocative can lead to an arrest if the family violence criteria are met.
Immediate Consequences
The immediate aftermath of a domestic violence arrest is uniquely restrictive. Magistrates routinely issue Emergency Protective Orders (also known as Magistrates Orders of Emergency Protection, or MOEPs) as a condition of your release on bond. These orders typically prohibit you from returning to your shared residence, contacting the alleged victim, or possessing any firearms. Violating an emergency protective order is a separate criminal offense that will almost certainly result in the revocation of your bond and an immediate return to jail.
Additionally, as outlined in our recent update on how Senate Bill 8 affects North Texas assault cases, recent legislative changes have complicated the bond process, making swift legal intervention even more critical.
Common Misconceptions
One of the most dangerous misconceptions about domestic violence cases is the belief that the charges will simply be dropped if the alleged victim decides they do not want to press forward. In Texas, the state—not the complainant—owns the criminal charge. Prosecutors frequently proceed with cases even when the alleged victim signs an affidavit of non-prosecution or refuses to testify. They do this by relying on 911 call recordings, police body-camera footage, photographs of injuries, and statements made by the accused at the scene.
Defending against an assault family violence charge requires a proactive and meticulous approach. A strong defense strategy often involves securing early witness statements, gathering electronic communications that provide context to the altercation, and aggressively challenging the prosecution’s evidence. A conviction for family violence carries lifelong consequences, including a permanent ban on firearm ownership under federal law and severe implications for child custody proceedings. You cannot afford to wait and see how the prosecution handles your case.
Contact Us Today
If you have been accused of domestic violence in Plano, Dallas, or Collin County, you need aggressive representation from former prosecutors who understand how the state builds these cases. Contact Lewis & Ashworth, PLLC at 214-239-8007 or visit our Contact Page for a free, confidential case evaluation.
References:
[1]: https://codes.findlaw.com/tx/family-code/fam-sect-71-004/ “FindLaw. “Texas Family Code – FAM § 71.004. Family Violence.””