Domestic Violence Defense Lawyer in Houston

Defending Clients Against Domestic Violence Charges in Harris County

If you’ve been accused following a domestic violence call, you could face serious legal consequences, including jail time and even being forced to leave your home until the case is resolved. Texas law takes allegations of imminent physical harm very seriously. A domestic violence conviction can affect nearly every aspect of your life. Our Houston domestic violence defense lawyer understands the risks this conviction can have on your future.

For instance, individuals convicted of domestic violence-related charges are prohibited from possessing firearms. The conviction can also affect employment opportunities, education, and housing due to routine background checks. If you already have a prior conviction, your charges could be elevated from a misdemeanor to a felony. Because the stakes are so high, it’s essential to work with a firm that can advise you of your rights and fight to protect your future.

Contact Drehner Law of Houston, TX, to schedule a free, confidential consultation.

What Constitutes Domestic Violence in Texas?

Texas law breaks down domestic violence crimes into two separate categories:

Family violence
Dating violence

What Is Family Violence?

Family violence, also called domestic assault, includes any action that results in a family or household member suffering physical harm, such as hitting or slapping, in addition to sexual assault or bodily injury. Texas law defines family or household members as:

Current or former spouse or partner
Sibling
A parent or foster parent
Child or foster child
Parent of the defendant’s child.

Typically, a defendant will be charged with a misdemeanor when arrested for domestic abuse, they are charged with a misdemeanor. However, the charge may quickly be upgraded to a felony if the defendant has a previous domestic violence assault conviction.

What Is Dating Violence?

Dating violence laws mirror those of family violence. As a result, if the defendant commits a physical or sexual assault against their current or ex-boyfriend or girlfriend that causes serious bodily injury, they may be charged with dating violence, also a misdemeanor. Additionally, just as with family violence, a defendant’s charges may be upgraded to a felony if they have a previous conviction. However, the court will consider the length and nature of the dating relationship when reviewing the case.

If you’ve been accused of dating or family violence, contact our firm today to avoid domestic violence charges. Our domestic violence attorney is here to help.

What are the Texas Penal Code charges associated with domestic violence?

There are several domestic violence-related criminal charges in Texas. Some of the most common criminal charges include:

Domestic Assault

The defendant intentionally, knowingly, or recklessly caused harm to another and is typically charged as a class A misdemeanor. However, if the offender commits a second domestic assault offense, it is charged as a second-degree felony. In cases where the offender is accused of using a deadly weapon or causing serious bodily injury, they may be charged with aggravated assault, a second-degree felony.

Injury to a Child

Texas takes a tough stance on any violent acts committed against children. If a defendant is accused of intentionally or knowingly causing a serious physical or mental injury to a child under 14, they can be charged with a first-degree felony. If the offense was committed recklessly against a child, it is charged as a second-degree felony.

Stalking

Texas law defines stalking as when a defendant acts in a way that causes the alleged victim to feel threatened more than once. The allegation may include threats to the victim’s life, safety, or property, or harassment. Stalking is a third-degree felony unless a prior conviction would enhance the charges to that of a second-degree felony.

Terroristic Threats

In the context of domestic violence, a person could be charged with making a terroristic threat if it places another person in fear of impending serious bodily injury and can be charged as a Class A misdemeanor.

Assault by Strangulation

If a defendant is accused of choking a household member by applying pressure to their throat or neck or blocking the victim’s mouth or nose, they may be charged with assault by strangulation and may be charged as a third-degree felony. However, a subsequent offense will lead to a second-degree felony charge.

If you are still trying to understand the various types of Texas domestic violence laws and how they may affect your case, contact Drehner Law of Houston, TX, to schedule a consultation with a qualified member of the legal team who can answer your questions.

Evidence Issues in Domestic Violence Prosecutions

Evidence in a domestic violence prosecution may come from several sources. This evidence may also influence plea negotiations, pretrial hearings, and trial strategy.

Common evidence may include:

911 recordings: A 911 call may capture the caller’s first account, sounds in the environment, emotions, and other contextual information from before officers arrived.
Body-camera footage: Police body-camera video may show the scene, injuries, damaged property, officer questions, and statements from people present. The footage may also show demeanor, intoxication concerns, confusion, or incomplete information that did not fully appear in a written report.
Medical records: Medical records may include injury documentation, treatment notes, symptoms, and other clinical findings. These records can affect how prosecutors evaluate the accusation, especially when the timing or medical context is unclear.
Photographs and messages: Photos of injuries or property damage may appear alongside text messages, social media messages, call logs, or emails. Prosecutors may use these materials to build a timeline before, during, and after the alleged incident.
Witness statements and prior reports: Neighbors, family members, children, roommates, or responding officers may provide statements. Prior incident reports may also appear in the file if prosecutors believe they are relevant to the relationship history or the state’s theory.

How Domestic Violence Cases Often Begin in Houston

A domestic violence claim in Harris County often begins with a 911 call. Police arrive quickly and may need to make decisions based on what they observe and hear right then. Even if all the facts are not clear, officers may record the scene and decide if an arrest is needed.

When the case is referred to prosecutors, the file may already include statements, photos, body camera footage, injury records, and police reports. This early evidence can influence how the District Attorney’s Office views the claim and what rules they may request after an arrest.

Texas assault law can apply to several types of alleged conduct. Texas Penal Code § 22.01 defines assault to include causing bodily injury, threatening another person with imminent bodily injury, or causing physical contact when the person knows or should reasonably believe the contact will be offensive or provocative. In a Harris County domestic violence case, prosecutors may also examine whether the relationship qualifies under the Texas family violence, household, or dating violence law.

Protective Orders and Bond Conditions Can Affect Daily Life

After a domestic violence arrest, the criminal charge may not be the only issue you have to deal with. A judge may set conditions that limit contact with the alleged victim, restrict access to your home, or control where you can go while the case is pending.

You may be required to follow bond conditions, a magistrate’s order for emergency protection, or a separate civil protective order. Each order is different. Texas Code of Criminal Procedure art. 17.292 allows a magistrate to issue an emergency protection order after certain arrests, including family violence, sexual assault or abuse, indecent assault, stalking, and related offenses. In some family violence cases, the order may be mandatory if the alleged offense involved serious bodily injury or the use or exhibition of a deadly weapon.

These restrictions can affect your life before the case is over. A court order may limit who you can talk to, keep you away from your home or work, affect your right to have firearms, make childcare exchanges harder, or cause problems with shared property. Sometimes, different orders overlap, so it is important to review all the terms carefully.

If you violate a bond condition or protective order, you may be arrested again and face new criminal charges. These restrictions can create immediate problems involving family contact, housing, employment, and firearms before the original case is resolved. You need to understand both the criminal charge and every court order that applies while the case is pending.

Why Is It Important to Hire An Experienced Criminal Defense Attorney to Handle My Case?

Due to the serious nature of domestic violence charges, individuals must obtain qualified legal representation immediately. Often, the police are overzealous when it comes to arresting an individual based on the accuser’s allegations. In other instances, if an accuser and the defendant are involved in a child custody case, the alleged victim may make false allegations to make it challenging for the defendant in family court.

What Are Some Domestic Violence Defense Strategies?

If you have been charged in a criminal case, you must have a skilled defense attorney who will review the evidence and determine what legal strategy would be best. For example, depending on the circumstances involved, an attorney may be able to counter the prosecution’s case by asserting the following legal defenses:

The accused acted in self-defense.
The accused was acting in defense of property.
The accused is the victim of false allegations and is innocent.

Consult an Experienced Domestic Violence Defense Lawyer in Houston

Additionally, a highly trained domestic violence defense lawyer may be able to negotiate with the prosecution to have the charges reduced or possibly dismissed. In other instances, a defense lawyer may be able to ask the defendant to be placed on probation rather than being required to serve jail time.

Finally, if you are an immigrant and have been accused of domestic violence, you must have a criminal defense lawyer on your side. If the court finds you guilty or there is an admission of guilt, this could lead to you being deported and declared inadmissible to re-enter the country.

Our domestic violence defense lawyer in Houston, TX, has comprehensive experience with domestic violence allegations. Contact our law offices to learn more about the benefits of hiring a criminal defense attorney to handle your legal issues.

What are The Criminal Penalties for Domestic Violence in Texas?

Texas has severe penalties for individuals convicted of domestic violence-related charges. However, the type of charge leveled against the accused will depend on several factors, such as the age of the victim, whether they suffered serious bodily injury, and whether the defendant has any prior criminal convictions.

Criminal penalties for domestic violence include:
Class A misdemeanor domestic threat: A conviction can result in the defendant being sentenced to up to a year in the county jail, accompanied by a fine of up to $4,000.
Third-degree felony domestic assault: The defendant can be sentenced to two to 10 years in prison, accompanied by a fine of up to $10,000.
Second-degree felony domestic assault: The defendant can be sentenced to two to 20 years in prison, accompanied by a fine of up to $10,000.

What Are the Penalties for a First-Degree Felony Aggravated Assault in Texas?

Suppose an individual is convicted of a first-degree felony aggravated assault. In that case, they may be looking at spending anywhere from 5 to 99 years in prison, accompanied by a fine of up to $10,000. A defendant may be charged with a first-degree felony if they brandish a deadly weapon against a family or household member, even if they do not use the weapon.

Additionally, a defendant may also be ordered to pay restitution to the victim, complete mandatory substance abuse or domestic violence counseling, and lose their rights to possess or own a firearm.

Because of the defendant’s potential to be sentenced to jail or prison time, in addition to being ordered to pay steep fines, it is best to hire an experienced defense lawyer immediately. Hiring a lawyer as soon as possible gives defendants an advantage over those who wait, as their legal counsel can start from the beginning rather than have to play catch-up later.

Contact our knowledgeable Houston domestic violence attorney and ask to schedule a free case evaluation of your case and determine how best to proceed with your defense.

Why You Shouldn’t Face Domestic Violence Charges Without a Defense Lawyer

Individuals who have been charged with domestic violence may consider handling their case without the help of a domestic violence defense lawyer in Houston. Anyone charged with a domestic violence-related offense must hire an attorney who understands how to protect their client’s rights and will fight to protect their freedom. Even if there is a deferred adjudication or probation in a dating or family violence case, Texas law considers it to be an admission of guilt.

What Is Deferred Adjudication?

Deferred adjudication can only be ordered if the defendant pleads guilty or no contest, after which the judge may choose not to enter a finding of guilt. Our law firm can help you understand the legal complexities of domestic violence cases and the best options for your situation.

In other instances, the accuser may request an emergency protective order that prevents the defendant from communicating with them and staying a minimum distance from the victim, place of employment, or residence. Our knowledgeable criminal defense attorney can help you understand your rights as the defendant so that you can make choices that do not harm your case.

Speak With Our Houston Domestic Violence Lawyer Today

At Drehner Law, our Houston criminal defense attorney understands the seriousness of domestic violence cases in Harris County and how accusations of family violence or causing physical harm can impact every aspect of your life. Whether you’re being accused of minor family violence or severe domestic battery, we’re here to help.

Our legal team carefully reviews the details of each case, identifying weaknesses in the state’s evidence and inconsistencies in witness statements to build a strong defense. We are committed to treating every client with respect while working to protect their rights in the criminal justice system.

Contact our domestic violence defense lawyer in Houston, TX, today at 832-626-0063 to schedule a free consultation. Learn how we can help you fight your domestic violence case.