Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 528-0478
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Being accused of domestic violence in Fort Worth is a serious matter that demands immediate legal attention. Under Texas law, domestic violence encompasses physical harm, threats, or intimidation against family members or household occupants, carrying severe consequences including jail time, protective orders, and permanent criminal records.
If you’re searching for a trusted criminal defense lawyer in Fort Worth, our team provides focused, strategic representation to help protect your future.
At the Law Offices of Richard C. McConathy, our experienced criminal defense team has defended clients against domestic violence allegations for over 35 years. We understand that accusations don’t always reflect the truth, and we’re prepared to fight tirelessly to protect your rights and freedom.
Don’t face these charges alone. Call us at (972) 528-0478 for a confidential consultation today.
If arrested for domestic violence in Fort Worth, you’ll typically be transported to the Tarrant County Corrections Center (100 N. Lamar Street, Fort Worth, TX 76196). The booking process can take 4-8 hours depending on jail capacity, and you’ll be held until your magistration hearing – usually within 24-48 hours of arrest.
During booking, you’ll receive one free phone call. Use this wisely – contact an experienced domestic violence attorney immediately rather than family members who cannot help with legal strategy.
Bonds may be posted 24 hours a day at the Bond Desk (100 N. Lamar Street), but first you must appear before a magistrate judge who will set your bond amount. Typical domestic violence bonds in Tarrant County range from:
💡 Tarrant County Pretrial Release Program offers an alternative to cash bonds for qualifying defendants. Call (817) 884-1465 to check eligibility – this can save thousands in bondsman fees while you await trial.
Under Texas Penal Code Section 71.004, family violence is defined as an act by one family or household member intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
| Offense Level | Examples | Potential Penalties |
|---|---|---|
| Class C Misdemeanor | Assault by contact (no injury) | Fine up to $500 |
| Class A Misdemeanor | Assault causing bodily injury | Up to 1 year in jail, $4,000 fine |
| Third-Degree Felony | Strangulation, repeat offenses | 2-10 years prison, $10,000 fine |
| Second-Degree Felony | Aggravated assault with weapon | 2-20 years prison, $10,000 fine |
The distinction between misdemeanor and felony charges often depends on factors like prior convictions, use of weapons, severity of injuries, and specific circumstances surrounding the alleged incident.
A domestic violence conviction in Texas carries far-reaching consequences that extend well beyond criminal penalties. Understanding these potential impacts underscores why immediate legal representation is crucial.
Texas courts routinely issue Emergency Protective Orders (EPOs) immediately following domestic violence arrests, which can:
Firearm Rights: Federal law permanently prohibits domestic violence convictions from owning firearms under the Lautenberg Amendment.
Employment Impact: Criminal background checks can disqualify you from jobs in healthcare, education, finance, and other regulated industries.
Housing Difficulties: Many landlords conduct background checks and may deny rental applications.
Child Custody: Family courts consider domestic violence convictions when determining custody and visitation arrangements.
Immigration Consequences: Non-citizens face deportation risks, as domestic violence is considered a “crime of moral turpitude” under federal immigration law.
Facing any of these consequences? Our Fort Worth domestic violence lawyers can help. Contact us today for a confidential review.
If you’ve been accused of domestic violence, remember: a charge is not a conviction. The prosecution must prove their case beyond a reasonable doubt.
Unfortunately, false domestic violence allegations occur frequently. Common motivations include:
Prosecutors often file charges based on limited evidence. Defense attorneys scrutinize:
Texas law recognizes your right to defend yourself from physical attack. Texas Penal Code Section 9.31 allows reasonable force when you reasonably believe it’s immediately necessary to protect against unlawful force.
When both parties engage in physical altercation, determining the “primary aggressor” becomes crucial. We examine:
Police must follow proper procedures during domestic violence investigations. Common violations include:
At the Law Offices of Richard C. McConathy, we approach every domestic violence case with meticulous preparation and unwavering advocacy.
Thorough Case Review: We examine every piece of evidence, from police body camera footage to medical records, looking for inconsistencies and constitutional violations.
Personalized Strategy: No two domestic violence cases are identical. We develop defense strategies tailored to your specific circumstances, relationships involved, and evidence presented.
Prosecutor Negotiation: Our relationships with Tarrant County prosecutors and understanding of local practices often lead to reduced charges or alternative dispositions.
Trial Representation: When negotiation isn’t sufficient, we’re prepared to take your case to trial with aggressive courtroom advocacy.
Domestic violence cases in Fort Worth are primarily heard at the Tim Curry Criminal Justice Center (401 W. Belknap Street, Fort Worth, TX 76196). This imposing building with its distinctive pyramidal roof and green metal accents houses all Tarrant County criminal courts across its 5th through 8th floors.
Parking Challenge: There is no free parking available in this vicinity of the courthouse. We recommend arriving 45 minutes early to find parking and clear security. Public parking options include:
Court Locations Within Tim Curry Center:
Typical Arraignment Process: Arraignments occur daily between 8:00 AM – 11:00 AM on various floors. You’ll appear before a magistrate judge who will:
Security Screening at the Tim Curry Center is extensive – plan for 15-20 minute delays. No weapons, large bags, or electronic devices are permitted without court approval.
Our domestic violence defense experience includes successful case outcomes across Tarrant County courts.
Our 35+ years of experience in Fort Worth and Tarrant County courts provides significant advantages:
Judicial Knowledge: Understanding individual judges’ tendencies, sentencing patterns, and procedural preferences helps us tailor our approach for maximum effectiveness.
Prosecutor Relationships: Professional relationships with Tarrant County District Attorney’s Family Violence Unit prosecutors facilitate meaningful plea negotiations and alternative resolutions.
Local Forms and Procedures: We know which specific forms judges require, Tarrant County’s unique scheduling practices, and local rules that prevent procedural delays.
Jury Selection Expertise: Understanding Fort Worth community values and attitudes helps us select favorable juries when cases go to trial.
Class A Misdemeanor Assault represents the most common domestic violence charge in Fort Worth. These cases typically involve:
Common Penalties:
Defense Strategies include challenging the definition of “bodily injury” (which can be as minimal as temporary pain), questioning witness credibility, and examining the circumstances leading to the alleged incident.
Felony domestic violence charges carry severe consequences and require aggressive defense strategies.
Assault Family Violence with Prior Conviction: A second domestic violence offense becomes a third-degree felony, punishable by 2-10 years in prison.
Aggravated Assault Family Violence: Involves use or exhibition of a deadly weapon or causing serious bodily injury, classified as a second-degree felony with 2-20 years imprisonment.
Strangulation: Texas Penal Code Section 22.01(b)(2)(B) makes strangulation a third-degree felony, recognizing the severe danger this act poses to victims.
Violating protective orders is taken seriously by Texas courts, with penalties including:
Defense Strategies include challenging the validity of the original protective order, proving lack of knowledge about order terms, or demonstrating the violation was unintentional.
Texas Penal Code Section 25.11 creates this unique offense when someone commits two or more assaults against family members within 12 months. Even if individual assaults would be misdemeanors, the pattern elevates charges to a third-degree felony.
This charge is particularly dangerous because:
Defense Focus: Defense attorneys examine the timeline between incidents, challenge the sufficiency of evidence for each alleged assault, and may negotiate to resolve individual charges separately.
False domestic violence accusations present unique challenges requiring specialized defense strategies. Our experience reveals several common patterns and motivations behind fabricated claims.
Child Custody Advantages: In contentious divorces, one parent may file false domestic violence claims to gain temporary custody or supervised visitation orders.
Financial Leverage: Protective orders can remove defendants from marital homes, affecting property division negotiations.
Immigration Benefits: Some individuals falsely claim domestic violence to qualify for VAWA (Violence Against Women Act) protections or U visas.
Mental Health Issues: Personality disorders, substance abuse, or emotional instability can lead to distorted perceptions of normal interactions.
Effective investigation of false allegation cases includes:
Digital Evidence Review: Examining text messages, social media posts, and phone records that may contradict claimed abuse
Scene Documentation: Photographing alleged crime scenes to identify inconsistencies with reported events
Witness Interviews: Locating independent witnesses who can provide objective accounts of relationship dynamics
Psychological Evaluation: When appropriate, recommending mental health evaluations to identify factors affecting accusers’ perceptions or motivations
Immediate Response: Quick action is essential to prevent false allegations from gaining credibility.
Evidence Preservation: Working to preserve any evidence that supports your version of events before it’s lost or destroyed.
Reputation Management: False domestic violence accusations can damage professional and personal relationships even before trial.
Texas law provides multiple types of protective orders, each with different procedures and consequences. Understanding these distinctions is crucial for effective defense.
| Order Type | Duration | Requirements | Appeal Rights |
|---|---|---|---|
| Emergency Protective Order (EPO) | 31-61 days | Issued automatically after arrest | Limited appeal options |
| Temporary Ex Parte Order | Up to 20 days | Issued without defendant present | Full hearing required |
| Final Protective Order | Up to 2 years | Full hearing with both parties | Appealable to higher court |
Automatic Issuance: Texas Code of Criminal Procedure Article 17.292 requires magistrates to issue EPOs in domestic violence cases involving:
Immediate Consequences:
Timing is Critical: You typically have limited time to request hearings challenging protective orders. Missing deadlines can result in orders becoming permanent by default.
Evidence Standards: Protective orders use preponderance of evidence standard (more likely than not), which is lower than criminal conviction requirements.
Strategic Considerations: Sometimes accepting temporary restrictions while building a strong defense to underlying criminal charges is more effective than fighting both simultaneously.
Domestic violence allegations significantly impact family law proceedings, often creating lasting consequences for parental relationships even when criminal charges are ultimately dismissed.
Additional reasources: https://mcconathylaw.com/blog/support-for-victims-of-family-violence/
Section 153.004 of the Texas Family Code creates a rebuttable presumption that appointing a parent convicted of family violence as a sole managing conservator is not in the child’s best interest.
Domestic violence arrests often trigger CPS investigations, which can result in:
Temporary Orders: Family courts may issue emergency custody orders based solely on protective order applications, not requiring criminal convictions.
Best Interest Standard: Even dismissed criminal cases can influence judges’ custody decisions if evidence suggests domestic violence occurred.
Supervised Visitation: Courts may require professional supervision of parent-child visits until criminal cases are resolved.
Coordinate Defense Strategies: Criminal defense and family law cases must be handled together to prevent contradictory positions that damage both proceedings.
Document Positive Parenting: Gathering evidence of positive relationships with children and involvement in their lives helps counter domestic violence allegations.
Address Underlying Issues: Voluntary participation in counseling or anger management demonstrates commitment to child welfare.
Richard C. McConathy has been defending criminal cases since 1976, bringing nearly five decades of courtroom experience to your case.
Unlike firms that handle various legal matters, we dedicate ourselves exclusively to criminal defense. This focused practice means:
Our domestic violence defense results demonstrate our effectiveness:
Recent Case Results: Our experience in domestic violence defense demonstrates our effectiveness across various case types and circumstances in Fort Worth and surrounding Tarrant County courts.
Overall Success Statistics:
Domestic violence arrests don’t happen during business hours. Our commitment to clients includes:
Round-the-Clock Response: We answer calls and respond to emergencies 24 hours a day, 7 days a week.
Immediate Action: We begin working on your case from the moment you’re arrested, including jail visits and bond hearings.
Aggressive Advocacy: We fight every charge aggressively, never encouraging clients to accept plea deals when better outcomes are possible.
Personal Attention: You’ll work directly with experienced attorneys, not paralegal assistants or case managers.
Professional Memberships:
Awards and Recognition:
Don’t face your charges alone. Schedule a consultation with a Fort Worth domestic violence attorney today.
Time is critical in domestic violence cases. Protective orders can be issued immediately, evidence disappears quickly, and early intervention often means the difference between case dismissal and conviction.
24-Hour Window: Many critical decisions about your case happen within 24 hours of arrest, including bond hearings and protective order applications.
Evidence Preservation: Witnesses’ memories fade, security footage gets deleted, and physical evidence can be lost or contaminated without immediate legal intervention.
Rights Protection: Police interrogations and prosecutor communications can damage your case without experienced legal representation present.
Confidential Discussion: Everything you tell us is protected by attorney-client privilege, even during initial consultations.
Case Evaluation: We’ll review police reports, evidence, and witness statements to assess your case’s strengths and weaknesses.
Strategic Planning: We’ll outline potential defense strategies and explain realistic outcomes based on our experience with similar cases.
Transparent Fees: We provide clear fee structures with no hidden costs or surprise charges.
Phone: Call (972) 528-0478 for immediate assistance
Office Location: We serve Fort Worth clients with regular appearances at Tim Curry Criminal Justice Center for client representation
Emergency Response: We respond to arrests at Tarrant County Jail and provide immediate consultation 24/7
Court Representation: We’ll meet you at the Tim Curry Criminal Justice Center (401 W. Belknap Street) for all scheduled court appearances, handling parking logistics and security procedures.
We understand that domestic violence charges create stress, fear, and uncertainty about your future. Our commitment includes:
No-Judgment Environment: We provide professional legal representation focused on defending your case.
Honest Assessment: We’ll tell you the truth about your case, including potential challenges and realistic outcomes.
Aggressive Representation: We fight every case with dedicated advocacy.
Confidential Service: Your privacy is paramount – we protect your reputation throughout the legal process.
Domestic violence can be either a misdemeanor or felony in Texas, depending on specific circumstances. Class A misdemeanor charges apply to assault causing bodily injury to family members, while felony charges result from aggravated assault, strangulation, or repeat offenses. Prior domestic violence convictions automatically elevate new charges to third-degree felonies under Texas Penal Code Section 22.01(b)(2)(A).
No, victims cannot directly drop domestic violence charges in Texas. Once police file charges, the decision to proceed rests with prosecutors, not alleged victims. However, victim cooperation significantly impacts prosecution success. Many cases are dismissed when victims become uncooperative, but prosecutors can still pursue charges using other evidence like police observations, medical records, or witness statements.
After arrest, you’ll typically be transported to Tarrant County Jail for booking and processing. Within 24-48 hours, you’ll appear before a magistrate judge for arraignment, where bail will be set and an Emergency Protective Order will likely be issued. This order immediately restricts your contact with alleged victims and may remove you from shared residences. Having legal representation present at this hearing is crucial for challenging excessive bail and protecting your rights.
Yes, domestic violence convictions create permanent criminal records in Texas. Unlike some states, Texas doesn’t allow expungement of convictions, though non-disclosure orders may seal records for certain first-time misdemeanor convictions after completing deferred adjudication probation. Felony convictions remain permanently visible on background checks, affecting employment, housing, and firearm ownership rights.
Protective orders can be modified or dismissed through court hearings where you can present evidence that you no longer pose a threat. You must file a motion with the court that issued the order, serve notice to all protected parties, and attend a hearing. Successfully challenging protective orders often requires demonstrating changed circumstances, completion of counseling programs, or proving the original order was issued improperly. Legal representation significantly improves success rates for these complex proceedings.
Whether you're facing a felony charge or fighting a traffic ticket, every case deserves serious attention. Get an experienced defense team in your corner now.
