Your Path to Protection and Justice
Being accused of domestic violence is one of the most frightening situations you can face in Texas. What may have started as a heated argument or misunderstanding can quickly escalate into criminal charges that threaten your freedom, your family relationships, and your future.
If you’re facing domestic violence charges in San Antonio or anywhere else in Texas, you need to know what you’re up against. A domestic violence conviction carries consequences far beyond potential jail time. It can affect your employment, housing, custody rights, and your right to own firearms. Everything you’ve worked for may depend on the decisions you make in the coming days.
The good news? These charges can be successfully defended with the right legal strategy and representation. Knowing what you’re facing and taking the right steps from the beginning can protect your rights and your future.
What Does Texas Consider Domestic Violence?
Texas casts a wide net when it comes to family violence. Under Family Code Section 71.004, it includes any act by a family or household member that’s intended to cause physical harm, bodily injury, assault, or sexual assault. Even threats that make someone reasonably fear they’re about to be hurt qualify.
Here’s something most people miss: the law specifically says it “does not include defensive measures to protect oneself.” That exception could save your case.
Who Qualifies as “Family or Household” Members
Texas law defines this category more broadly than many people realize.
- Current and former spouses
- People who live together now or used to
- Blood relatives and in-laws
- People who share a child, married or not
- Current and former dating partners
For dating relationships, courts examine three factors under Section 71.0021: the duration of the relationship, the nature and frequency of interaction, and whether the relationship was romantic or intimate in nature.
How Police Handle These Cases
When officers respond to a domestic violence call, they arrive with a specific mandate: Texas law requires them to make an arrest if they have probable cause to believe family violence occurred, regardless of the alleged victim’s wishes.
Police follow a systematic approach
- Separate all parties immediately
- Conduct individual interviews
- Document and photograph any injuries
- Collect physical evidence from the scene
- Take detailed statements from all involved parties
Essential advice: This is not the time to “tell your side of the story.” Officers are gathering evidence for prosecution, not mediating a dispute. Anything you say can and will be used against you in court, even statements you believe are helpful to your case.
The most important thing you can do is exercise your right to remain silent and request an attorney immediately.
Can the Alleged “Victim” Drop the Charges?
This is one of the most common questions we receive, and the answer often surprises people: No, they can’t. Once charges are filed, the decision to prosecute rests entirely with the State of Texas, not the alleged victim.
Prosecutors become the complainant in these cases and decide whether to move forward based on their assessment of the evidence and their office’s policies. Many district attorney offices maintain strict “no drop” policies for domestic violence cases, believing that victims may recant due to pressure or intimidation.
While an uncooperative alleged victim can make prosecution more challenging, experienced prosecutors often proceed using other evidence such as police reports, photographs, recordings, and witness testimony.
Potential Penalties and Long-Term Consequences
Texas domestic violence penalties escalate based on the severity of the alleged offense and your criminal history.
First offense. Usually a Class A misdemeanor under Texas Penal Code Section 22.01. Up to one year in county jail and $4,000 in fines.
Serious injury or weapon involved. Second-degree felony. We’re talking 2 to 20 years in prison and up to $10,000 in fines.
Continuous Violence Against the Family. Under Penal Code Section 25.11, two or more incidents within 12 months constitute a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000. Previous incidents do not require arrests or convictions.
But prison time is just the beginning. A domestic violence conviction carries additional consequences
- You lose your gun rights forever under federal law
- Most employers won’t hire you after a background check
- Professional licenses get suspended or revoked
- Immigration consequences for non-citizens
- Difficulty finding housing
Your Best Defenses Against These Charges
When Self-Defense Is Your Strongest Defense
Texas Family Code Section 71.004 carves out an exception for “defensive measures to protect oneself.” If you were defending yourself from an attack, you have a complete defense. The key is proving you reasonably believed force was necessary to protect yourself from imminent harm.
Defense of Others
Were you protecting your kids? Another family member? Texas Penal Code Section 9.33 allows you to use force to protect others under certain circumstances. Courts look at whether you reasonably believed the other person was in immediate danger.
False Accusations
Unfortunately, false accusations happen more than people realize. Sometimes they come up during bitter divorces or custody fights. Other times, they result from misunderstandings, mental health issues, or substance abuse. A thorough investigation often reveals holes in the accuser’s story.
Lack of Evidence
Prosecutors must prove their case beyond a reasonable doubt. When cases rely mainly on “he said, she said” testimony without physical evidence, witnesses, or other proof, they struggle to meet that burden.
Constitutional Violations
Did the police violate your Miranda rights? Search your home illegally? Coerce a confession? When officers break the rules, critical evidence gets thrown out of court.
Medical Explanations
Sometimes injuries have innocent explanations. A slip and fall, a medical condition, or an accident can explain what prosecutors claim was assault. Medical professionals can often provide alternative explanations that create reasonable doubt.
Protecting Yourself During the Investigation
Your actions immediately following accusations will impact your case for months or potentially years
- Remain silent. Do not attempt to explain anything to the police, even if you believe it will help your case. Request legal counsel immediately.
- Document everything. Write down what occurred while the details remain fresh in your memory. Photograph any injuries you sustained, regardless of how minor they appear.
- Preserve evidence. Save text messages, emails, social media posts, and any other communications with the alleged victim. Security camera footage from your home or nearby businesses may be valuable.
- Identify witnesses. Anyone who witnessed the incident or can testify about your character and the relationship dynamics may be helpful.
- Avoid contact. Any contact with the alleged victim, even if they initiate it, may be viewed as intimidation by prosecutors. If you share children, communicate only through your attorney or a designated third party regarding necessary matters.
The Importance of Professional Legal Representation
Domestic violence cases involve complex legal and procedural issues that require specialized knowledge and experience. The stakes are too high to risk inadequate representation.
Thorough Case Investigation
Experienced attorneys work with investigators, medical professionals, and expert witnesses to examine every aspect of your case. We know how to challenge prosecution evidence and develop compelling alternative theories.
Prosecutor Relations and Negotiations
Many cases resolve through plea negotiations rather than trials. Attorneys with established relationships in local courts can often achieve better outcomes through strategic negotiations, potentially securing reduced charges or alternative sentencing options.
Trial Experience
When cases proceed to trial, you need an attorney who understands courtroom dynamics, evidence rules, and effective advocacy techniques. Trial experience makes a significant difference in achieving favorable verdicts.
How Protective Orders Complicate Your Case
Protective orders and criminal charges are separate legal proceedings, but they often occur simultaneously and can significantly impact each other.
Emergency Protective Orders
These temporary orders can be issued immediately following an incident and typically last 31 to 61 days. They may prohibit contact with the alleged victim, restrict your access to shared residences, and require you to surrender firearms.
The Violation Trap
Violating a protective order, even inadvertently, constitutes a separate criminal offense. Any contact, including messages sent through third parties, can result in additional charges.
Different Legal Standards
While criminal cases require proof beyond a reasonable doubt, protective orders only require a preponderance of evidence (more likely than not). This creates strategic challenges, as fighting a protective order aggressively might provide statements that could be used against you in your criminal case.
How Long Will This Take to Resolve?
Most misdemeanor domestic violence cases resolve within 3 to 6 months, while felony cases typically take 6 months to over a year. Several factors can extend this timeline.
- Uncooperative alleged victims (prosecutors sometimes request continuances hoping they’ll change their mind)
- Complex cases with multiple incidents or extensive evidence
- Cases that go to trial take much longer
During this period, you may be released on bond with conditions such as staying away from the alleged victim, surrendering firearms, or attending counseling. Violating bond conditions can result in arrest and detention until trial.
The uncertainty of not knowing how your case will resolve creates significant stress. Having experienced legal representation helps provide realistic expectations about timelines and keeps you informed as your case progresses through the system.
Key Takeaways
- Texas domestic violence laws are broad and carry severe penalties including jail time, fines, and loss of gun rights.
- Self-defense is specifically excluded from the definition of family violence under Texas law.
- Alleged victims cannot simply “drop” domestic violence charges once filed.
- Two or more domestic violence incidents within 12 months can result in felony charges.
- Never speak to police without an attorney present.
- Document everything and gather evidence immediately.
- Protective orders are separate from criminal charges but can affect your case.
- Early legal representation significantly improves your chances of a favorable outcome.
Frequently Asked Questions
What should I do if police want to question me about domestic violence allegations?
Exercise your right to remain silent and request an attorney immediately. Don’t try to explain your side or convince police of your innocence. Anything you say can be used against you, even if you think it helps your case.
Can I be charged with domestic violence if no one was injured?
Yes. Texas law includes threats that reasonably place someone in fear of imminent physical harm. You can face charges even if no physical contact occurred.
What happens if my accuser doesn’t show up to court?
The prosecutor can still proceed with the case using other evidence like police reports, photographs, 911 recordings, and witness testimony. However, cases become much more difficult to prove without the alleged victim’s cooperation.
Will a domestic violence conviction show up on background checks?
Yes. Domestic violence convictions appear on criminal background checks and can affect employment, housing, professional licenses, and other opportunities.
Can I get my domestic violence charges dismissed?
Potentially, yes. Common grounds for dismissal include self-defense, false accusations, lack of evidence, constitutional violations, or prosecutorial discretion. An experienced attorney can evaluate your case for possible defenses.
How much does it cost to hire a domestic violence defense attorney?
Attorney fees vary based on the complexity of your case and the attorney’s experience. However, the cost of hiring qualified legal representation is usually far less than the long-term consequences of a conviction.
Don’t Let These Charges Destroy Your Future
The decisions you make in the next few days will have consequences for years to come. You need an attorney who focuses on defending people against these serious accusations and who will fight aggressively to protect your rights.
At Law Offices of Hector Gonzalez III P.C., we’ve successfully defended hundreds of clients against domestic violence charges throughout San Antonio and South Texas. We know how prosecutors think, how judges rule, and what it takes to build winning defenses in these challenging cases.
Every case is different, and every client deserves personalized attention and a defense strategy built specifically for their situation. We’ll investigate your case thoroughly, challenge the prosecution’s evidence, and fight for the best possible outcome, whether that’s a dismissal, reduced charges, or an acquittal at trial.
Time is working against you. Evidence disappears, witnesses’ memories fade, and prosecutors move quickly to build their cases. The sooner you contact our criminal defense team, the better we can protect your interests and start building your defense.
Your future is too important to leave to chance. Contact Law Offices of Hector Gonzalez III P.C. today for a confidential consultation about your domestic violence charges. We’re ready to fight for you when you need it most.
