Domestic Violence

Southlake Domestic Violence Defense Attorney

If you’re charged with a crime of domestic violence, you could quickly find yourself taken to jail, facing a prosecutor and a judge, and dealing with serious allegations that can destroy your reputation, career, and future. If you’re facing a domestic violence charge, take your case immediately to a Southlake domestic violence defense attorney at Barrett Legal PLLC.

Texas judges and prosecutors take domestic violence allegations seriously, but a Southlake domestic violence defense lawyer at Barrett Legal PLLC can take control of your case and effectively dispute the claims made against you.

To get the help you need to contest a domestic violence charge, call Barrett Legal PLLC at 817-512-7044 to schedule a legal consultation with an experienced Southlake criminal defense attorney.

Texas Family Violence Laws

Texas law establishes a precise definition of family violence: any act by a member of a household or family against another member that is meant to cause physical harm, bodily injury, assault, or sexual assault. It also includes any credible threat that places a household member or dating partner in fear of imminent harm.

Under Texas law, a crime is considered a domestic violence crime if it is committed against individuals in certain relationships, including:

  1. Current or former spouses, and parents of the same child
  2. Persons related by blood, marriage, or adoption
  3. Persons currently or previously in a dating relationship
  4. Foster children and foster parents
  5. Persons who reside in the same household

The law does not require significant violence or lasting physical harm for police to make an arrest. Under Texas state law, domestic assault is any intentional or reckless physical contact. Pushing, grabbing, scratching, or even contact without any injury may constitute domestic assault. Threatening physical harm or using intimidating gestures with or without a weapon is also domestic assault.

Misdemeanor vs. Felony Domestic Assault Penalties in Texas

The penalties for a domestic violence felony or misdemeanor conviction in Texas depend heavily on the severity of the alleged act, the presence of physical evidence, and your prior criminal history. Prosecutors categorize domestic assault offenses ranging from fine-only Class C misdemeanors to severe first-degree felonies carrying life imprisonment.

When an alleged victim suffers no injury, and the crime involves only touching or verbal threats, the charge is a Class C misdemeanor punishable by a fine of up to $500. If the alleged victim suffers physical pain or bodily injury, the charge escalates to a Class A misdemeanor, and a conviction carries penalties of up to a year in jail and a fine of up to $4,000.

Domestic assault is a third-degree felony if specific aggravating factors exist. If you have a previous domestic assault conviction or if the police allege choking, suffocation, or impeding the breathing or blood circulation of the purported victim, the charge is a third-degree felony, and a conviction carries 2 to 10 years in prison and a fine of up to $10,000.

Aggravated domestic assault carries harsher penalties. If a deadly weapon or serious injury is involved, the charge is a second-degree felony, and a conviction can bring 2 to 20 years in prison. If the incident involves both a deadly weapon and causes injury to a household or family member or dating partner, the charge is a first-degree felony, and a conviction brings a sentence of 5 to 99 years, or life in prison.

Affirmative Findings of Family Violence

Apart from jail and fines, a domestic assault conviction creates lifelong collateral consequences. When a court enters a conviction or grants certain probation terms for a domestic violence offense, the judge includes an Affirmative Finding of Family Violence (AFV) in the official court judgment. An Affirmative Finding of Family Violence can fundamentally alter your life and legal rights in several ways:

  1. For anyone convicted of misdemeanor domestic violence, federal law imposes a lifetime ban on firearm ownership. Texas law reinforces this prohibition.
  2. Texas courts prioritize child safety. An AFV creates a strong legal presumption against granting a parent sole or joint custody of a child. An AFV can affect child custody arrangements, visitation rights, and parental rights during divorce proceedings.
  3. Texas law explicitly bars non-disclosure orders for cases with a family violence finding. A domestic violence conviction cannot be sealed or expunged and stays on your record forever.
  4. The state uses any prior finding of family violence to enhance subsequent misdemeanor allegations into automatic felony charges with mandatory prison time.
  5. Most employers conduct background checks. Professional licensing boards may revoke or suspend licenses after domestic violence convictions.

For non-citizens facing domestic violence charges, the consequences may be even harsher. Under federal law, domestic violence is a deportable offense, creating the risk of visa revocation, green card or citizenship denial, or removal proceedings.

The Criminal Process and Protective Orders

In Tarrant County, law enforcement officers process domestic violence suspects after an arrest before transferring them to the Tarrant County jail facility or presenting them before a magistrate at the Tim Curry Criminal Justice Center in Fort Worth.

In almost every domestic violence case, the court issues a Magistrate’s Order for Emergency Protection (EPO). This order bars you from contacting the alleged victim, returning to your shared residence, or approaching the victim’s workplace, school, or childcare facilities. Violating an EPO is a separate offense that results in immediate re-arrest and a felony or misdemeanor charge.

An alleged domestic violence victim cannot have the prosecutor drop the charge. In Texas, the purported victim is a witness for the state, and the state is the party bringing the charge. The district attorney controls the case and may proceed with a prosecution even if the alleged victim signs an affidavit of non-prosecution or refuses to testify.

A Southlake domestic violence defense attorney at Barrett Legal PLLC can step in immediately to challenge the case against you. We scrutinize the initial police report, examine video footage, review physical evidence, and examine witness statements to undermine the credibility of the state’s evidence and witnesses.

Challenging Domestic Violence Allegations

Domestic violence claims are rarely straightforward. Experienced defense attorneys, divorce lawyers, judges, prosecutors, and police officers know that domestic violence complaints can be exaggerated and sometimes entirely fabricated. A Southlake domestic violence defense lawyer at Barrett Legal PLLC can conduct an independent investigation of the claims and charges made against you.

Uncovering False Allegations

An ex-spouse or ex-partner may fabricate or exaggerate domestic violence to gain an edge in a pending child custody dispute, secure the use of a marital home, or obtain a favorable property division in a divorce proceeding.

When an attorney at Barrett Legal PLLC defends you against a criminal domestic violence charge, we can review emails, text messages, call logs, and social media records to expose ulterior motives and discredit fabricated claims.

Establishing Self-Defense

Under Texas state law, you are legally justified in using force against another person if you reasonably believe force is needed immediately to protect yourself. If you acted defensively to protect yourself or your children from physical attack, your attorney at Barrett Legal PLLC can insist that you acted legally and demand a dismissal of charges or an acquittal.

Deferred Adjudication and Pre-Trial Options

For qualifying first-time offenders facing misdemeanor domestic violence charges, Texas offers alternative sentencing. Under deferred adjudication community supervision, you enter a guilty or no contest plea, but the judge defers finding you guilty and places you on probation. To complete deferred adjudication, you must comply with strict court-ordered conditions, which typically include:

  1. Completing an anger management or domestic violence offender treatment program
  2. Completing community service hours
  3. Paying court costs, supervision fees, and victim restitution
  4. Abiding by no-contact orders or peaceful-contact orders
  5. Refraining from any subsequent criminal offenses

If you complete deferred adjudication, the court dismisses the criminal charge without entering a conviction, but deferred adjudication in domestic violence cases carries other consequences. Texas attaches an Affirmative Finding of Family Violence to a deferred adjudication dismissal, so you still must deal with a lifetime federal gun ban and a criminal record that can’t be sealed or expunged.

The defense attorneys at Barrett Legal PLLC can evaluate every angle of a proposed plea deal or deferred adjudication agreement. If you are innocent, we don’t advise accepting a deal that leaves a permanent family violence finding on your record. We can prepare your case for trial and explain to the jurors why they should find you not guilty.

After a Domestic Violence Arrest

The choices you make after a domestic violence arrest can directly affect the resolution of your case. You can strengthen your legal position by adhering to these guidelines:

  1. Avoid any contact with your accuser: Don’t call, text, email, or message the alleged victim directly or through third parties. Violating an emergency protective order or bond conditions will result in immediate incarceration and an additional felony charge.
  2. Refrain from posting on social media: Don’t discuss your arrest, relationship, or court case on any social media platform. Prosecutors monitor social media, and your status updates, photos, and comments can be used against you in court.
  3. Gather evidence and identify character witnesses: Preserve text messages, voicemails, emails, and GPS data that support your timeline of events. Identify character witnesses, neighbors, or coworkers who can vouch for your reputation and peaceful conduct.
  4. Retain an experienced attorney immediately: Don’t try to explain your side of the story to a detective or assistant district attorney without having your lawyer present.

Let Barrett Legal PLLC Defend You

A domestic violence charge puts everything you value at risk. You cannot leave your defense to chance. Barrett Legal PLLC brings considerable legal experience to every case we handle. Call us at 817-512-7044 to schedule your initial consultation with a Southlake domestic violence attorney.