Emergency? Call Now Domestic Assault in Texas: The Hidden Dangers and the Urgent Need for a Powerful Defense
The Law: What Is Considered Domestic Assault in Texas?
Under Texas Penal Code §22.01, domestic assault occurs when someone –
- Intentionally, knowingly, or recklessly causes bodily injury to a family member, household member, or current/former romantic partner,
- Threatens that person with imminent bodily injury, or
- Makes physical contact that the other person finds offensive or provocative.
Even Class C misdemeanor charges—such as merely offensive contact—can carry devastating consequences if the court makes an affirmative finding of family violence. Therefore, you want to avoid a domestic assault or domestic violence in San Antonio, Bexar County, Texas.
The ‘No Drop’ Policy: Why the Case Might Move Forward Without the Victim
Many people believe that if the alleged victim doesn’t want to press charges, the case will be dropped. That is false.
In virtually every Texas county, district attorneys enforce a “no drop” policy. This means that once a domestic violence charge is filed, only the State can decide whether to dismiss it—not the complainant. Prosecutors may subpoena the alleged victim to testify, and in some cases, may even attempt to proceed without the victim’s testimony. As you can easily see, a assault domestic violence or family violence charge in Texas is always serious.
Prosecuting Without a Complainant: Understanding ‘Testimonial’ vs. ‘Non-Testimonial’ Evidence
Prosecutors may use statements made during the 911 call, bodycam footage, or other out-of-court remarks if they can persuade the judge that those statements are non-testimonial in nature.
Why does that matter?
Because under the Sixth Amendment, the accused has the constitutional right to confront their accuser—but this only applies to testimonial statements. If the court finds the statements were made in the heat of the moment (e.g., to help police respond to an ongoing emergency), they may be admitted into evidence without the witness ever taking the stand.
This is a growing and dangerous trend in Texas domestic assault prosecutions. A family violence charge or allegation is very serious.
The Real Cost: Collateral and Permanent Consequences
A domestic violence conviction—or even a deferred adjudication with a finding of family violence—triggers a landslide of collateral consequences that can follow you for life:
- Loss of firearm rights (federal and state)
- Permanent criminal record (not eligible for sealing or expungement)
- Custody and visitation issues
- Immigration consequences for non-citizens
- Damage to professional licenses and employment
Even a Class C misdemeanor for “offensive contact” can carry these penalties if the court enters a “family violence” finding. That one sentence on a judgment can affect your life forever.
You Have One Shot to Protect Your Future – Hire Del Prado Law
If you’re facing any type of domestic assault charge—no matter how minor it may seem—you must act now to protect your rights and your future.
At Del Prado Law, we understand the gravity of what you’re facing. Mario Del Prado is a Board-Certified Criminal Law Specialist, with over 35 years of experience defending people against criminal charges. He’s a former Chief Prosecutor of Major Crimes in Bexar County, and he knows exactly how these cases are built—and how to dismantle them.
- We fight to preserve your constitutional right to confrontation
- We challenge improper use of hearsay and non-testimonial evidence
- We work tirelessly to avoid any finding of family violence
- We understand that your career, your family, your gun rights, and your future are at stake
Don’t wait for the system to make up its mind about you. Get an advocate who knows the law, knows the courts, and knows how to win. Get expert guidance from a Board Certified Criminal Law Specialist based in San Antonio, Bexar County, Texas.
Call Del Prado Law Today at (210) 698-3533 or visit DelPradoLaw.com
Experience. Skill. Results. When your freedom is on the line, nothing else will do.
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