Emergency? Call Now Domestic violence allegations move fast in Texas, and the consequences can be life changing. The moment an accusation is made, you can face arrest, a protective order that forces you out of your home, and strict no-contact conditions. Your words and actions in the first hours matter. If you or a loved one is under investigation or has been arrested, get calm, get informed, and get counsel. The best time to contact a lawyer was yesterday; the second best time is now.
What qualifies as domestic violence in Texas?
Texas uses the term “family violence” to describe a broad range of conduct involving family members, household members, or people in a dating relationship. Under Texas law, an offense can qualify as domestic or family violence if it involves:
- Intentionally, knowingly, or recklessly causing bodily injury to a family or household member, or a dating partner. Even minor pain can count as bodily injury.
- Threatening imminent bodily injury, such as raising a fist while stating an intent to strike.
- Offensive or provocative physical contact when a reasonable person would find it offensive, such as a shove or unwanted grab
- Strangulation or choking, which Texas treats as a serious felony.
- Repeated offenses, which can elevate a misdemeanor to a felony based on prior family violence convictions.
The “relationship” element is broad. It includes spouses, former spouses, parents, children, people who share a child, current or former dating partners, roommates, and sometimes extended family. You do not need visible injuries for an arrest. An officer can arrest based on probable cause from statements, a 911 recording, witness observations, inconsistent stories, or signs of a struggle.
What happens when someone is accused of domestic violence?
A single call can start a chain of events that moves quickly:
- Police response and arrest: Officers often separate parties, interview each person, and decide whether to arrest on the spot. If they believe family violence occurred, they will usually make an arrest.
- Emergency protective order: After arrest, a magistrate can issue an emergency protective order. This can bar you from the home, restrict firearm possession, and prohibit any contact with the accuser. Violating the order can lead to new charges.
- Booking, bond, and release conditions: You will be booked and may post bond. Expect strict conditions like no contact, GPS monitoring, alcohol or drug testing, or counseling requirements.
- Prosecutor review: The alleged victim cannot “drop the charges.” The State controls the case. Prosecutors can move forward even if the complainant wants the case dismissed.
- Evidence gathering: The State will collect 911 calls, officer body camera footage, medical records, photos, text messages, and witness statements. Your social media, emails, and calls from jail can become evidence.
- Court settings: You will attend arraignment and later court dates. Missing court can result in a warrant and bond revocation.
- Potential outcomes: Options include dismissal, reduction to a lesser charge, deferred adjudication, or trial. A conviction can bring jail time, fines, probation, mandatory classes, firearm restrictions, immigration consequences, and a lasting criminal record. A finding of family violence can carry collateral effects long after the case ends.
How a defense attorney protects you
Early counsel is critical. A seasoned defense lawyer can do more than speak for you in court. Your attorney can:
- Shield your rights: Advise you to remain silent, prevent damaging statements, and manage all communication with law enforcement and accusers.
- Investigate quickly: Secure favorable evidence before it disappears, collect phone records, messages, location data, surveillance video, witness statements, and medical or mental health records that provide context.
- Analyze the law and facts: Examine probable cause for arrest, inconsistencies in statements, defensive injuries, self-defense or defense of others, and whether the State can prove the relationship element that elevates the case to family violence.
- Challenge protective orders: Seek modifications that allow essential contact for childcare or property retrieval when appropriate, and fight for reasonable bond conditions.
- File strategic motions: Move to suppress unlawfully obtained evidence, exclude prejudicial material, or compel disclosure of evidence the State must produce
- Negotiate from strength: Present mitigating facts, treatment efforts, or documented inconsistencies to pursue dismissals, declinations, or reduced charges.
- Prepare for trial: If trial is the best path, build a clear narrative, cross-examine effectively, and present experts or evidence that supports your defense.
Common defenses in Texas domestic violence cases
Every case is different, and the defense must match the facts. Possible defenses include:
- Self-defense or defense of others, especially when injuries or scene evidence support your account.
- Lack of intent, where accidental contact does not meet the legal threshold.
- False accusations or exaggeration during high-conflict moments such as breakups or custody disputes.
- Insufficient evidence, where the State cannot meet its burden beyond a reasonable doubt.
- Challenging the relationship element, if the alleged victim does not fall within the family, household, or dating categories as the law defines them.
A careful attorney will investigate each avenue and select the strategy that best protects your liberty and reputation.
What you should do right now
- Do not discuss the incident with anyone but your lawyer. Friends, family, and social media are not safe places to explain your side.
- Follow all protective order and bond conditions. A violation can create new charges and weaken your defense.
- Preserve evidence. Save texts, emails, call logs, photos, and contact information for witnesses
- Write a timeline while details are fresh. Note times, locations, who was present, and what was said.
- Get legal counsel immediately. Early action can change outcomes.
Why Del Prado Law
When your freedom and future are at stake, you need a battle tested advocate who knows Texas criminal courts and understands the emotional weight of domestic cases. Mario Del Prado brings more than 35 years of trial experience in San Antonio and Bexar County. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a Board Certified Criminal Trial Specialist by the National Board of Trial Advocacy. He has served as Chief of Criminal Trial and Major Crimes Divisions at the Bexar County District Attorney’s Office, and he has been recognized repeatedly as a Texas Super Lawyer. That background matters when prosecutors are building a case against you.
At Del Prado Law, you receive immediate case assessment, thorough investigation, and tailored strategy. The firm explains the process clearly, handles communications with accusers and third parties, and prepares every case as if it will go to trial. You are presumed innocent. The team’s job is to protect your rights, your liberty, and your future with meticulous attention to the facts and the law.
If you need a trusted domestic assault defense attorney who will move quickly and decisively, speak with Del Prado Law right now. If it fits your situation, you can start by consulting a seasoned criminal defense attorney, or, for local representation, a domestic assault defense attorney who knows San Antonio courts and procedures.
Final takeaways
- Domestic violence in Texas covers a wide range of conduct and relationships, from threats and offensive contact to injury and strangulation.
- After an accusation, arrests and protective orders can happen quickly, and the State controls the case, not the complainant.
- Early, skilled representation can protect your rights, preserve evidence, and position you for dismissal, reduction, or acquittal.
The best time to hire a lawyer was yesterday; the second best time is now. Contact Del Prado Law for a confidential consultation and the focused defense you deserve.
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