Texas Domestic Violence Resources & Legal Help Guide

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Domestic violence situations move quickly—and the consequences can be immediate for everyone involved.

Whether you’re seeking protection or facing an accusation, decisions made early can affect your safety, your rights, and your future. In many cases, information is hard to find when it matters most—and confusion can make the situation worse.

At the Law Offices of Richard C. McConathy, we have handled family violence cases across Dallas–Fort Worth for decades and understand how these situations unfold from both sides. If you’re dealing with a case like this, reviewing your options with a Domestic Violence Attorney can help you take the right steps early.

This guide brings together key information on Texas family violence laws, protective orders, immediate safety considerations, and the legal process—so you can move forward with clarity.

Important safety note: If you are in immediate danger, call 911. The information below is general and is not a substitute for emergency help or legal advice.

How Texas Defines Family Violence

Texas Family Code § 71.004 defines family violence as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm. The definition also covers abuse of children and dating violence as separately defined in the code.

Important features of the definition:

  • It includes both physical acts and credible threats.
  • It applies to a wide range of relationships, including spouses, former spouses, parents, children, foster relationships, blood relatives, and people who live together or who have a dating relationship.
  • It includes situations that may not look like “violence” in the popular sense, such as intimidation and certain kinds of harassment.

Family violence allegations frequently lead to charges under Texas Penal Code § 22.01 (assault) or related statutes, with enhancements when the relationship qualifies under the Family Code.

Statewide Resources for People Facing Domestic Violence

Several Texas agencies and organizations provide help:

  • National Domestic Violence Hotline (based in Texas): 1-800-799-7233 (SAFE) or text “START” to 88788
  • Texas Health and Human Services (HHS), Family Violence Program: Funds and supports a network of family violence service providers across Texas
  • Texas Council on Family Violence (TCFV): Provides advocacy, training, and a directory of services across the state
  • Texas Attorney General’s Crime Victim Services Division: Offers crime victim compensation and resources
  • 2-1-1 Texas: Statewide referral line that can connect callers with local shelters, counseling, and other social services
  • Office of the Texas Attorney General – Address Confidentiality Program: Provides a substitute address to help domestic violence survivors keep their address private

These resources can connect callers with local shelters, advocacy programs, counseling, and legal aid in their area.

Dallas–Fort Worth Area Shelters and Support

A number of organizations serve the DFW region and surrounding counties. Examples include:

  • The Family Place (Dallas)
  • Genesis Women’s Shelter & Support (Dallas)
  • Mosaic Family Services (Dallas)
  • SafeHaven of Tarrant County (Fort Worth and Arlington)
  • Hope’s Door New Beginning Center (Plano and Garland)
  • Brighter Tomorrows (Grand Prairie and Irving)
  • Denton County Friends of the Family

Most provide 24-hour hotlines, emergency shelter, counseling, and legal advocacy. Specific eligibility criteria, hours, and capacity vary, so calling ahead is recommended.

Safety Planning Basics

A safety plan is a personalized strategy that supports a person who is currently experiencing or escaping abuse. Common steps include:

  • Identifying a safe person to call or stay with
  • Memorizing key phone numbers in case a phone is taken or destroyed
  • Saving important documents (ID, birth certificates, immigration documents, insurance cards) in a safe place or with a trusted person
  • Creating an exit plan that includes a packed bag, a destination, and transportation
  • Securing pets and children with a plan for emergency care
  • Adjusting digital accounts to prevent monitoring, including changing passwords and reviewing shared device settings

Local advocacy programs can help build a written safety plan tailored to the specific situation.

Protective Orders in Texas

Texas allows a person who is the victim of family violence, sexual assault, stalking, or human trafficking to seek a protective order. Three categories matter most:

  • Temporary Ex Parte Protective Order: Available under Texas Family Code Chapter 83. Often issued the same day a petition is filed and lasts up to 20 days.
  • Final Protective Order: Available under Chapter 85 after a hearing. Typically lasts up to 2 years, longer in some circumstances.
  • Magistrate’s Order for Emergency Protection (MOEP): Issued by a magistrate at the time of bond setting in a family violence, sexual assault, stalking, or human trafficking case under Code of Criminal Procedure Article 17.292.

Protective orders may include stay-away provisions, no-contact provisions, firearm surrender, and other restrictions. Violating a protective order is a separate criminal offense under Texas Penal Code § 25.07.

A person seeking a protective order can apply through the District or County Attorney’s office, a private attorney, or a legal aid organization.

Steps to Take if You Have Experienced Family Violence

The right next step depends on the situation. Helpful steps may include:

  • Get to safety. Call 911 if there is immediate danger.
  • Seek medical attention if there are injuries.
  • Document the events through photos, written notes, and saved messages, when safe to do so.
  • Reach out to a hotline or shelter for support and safety planning.
  • Talk to a lawyer or victim advocate about protective orders, custody, and divorce options.
  • Plan for ongoing communication through court-approved channels if children are involved.

Even when an arrest has occurred, the process of building stability and protection often takes weeks. Coordinated support from advocates and counsel can make the steps clearer.

What to Do if You Are Accused of Family Violence

People accused of family violence are sometimes the ones who initiated calls to police, who are themselves victims of abuse, or who are caught in the middle of a custody or divorce dispute. The legal stakes are still serious. Important steps include:

  • Do not contact the alleged victim in any way after a protective order or no-contact order is issued.
  • Comply strictly with bond conditions and protective orders, even if you believe they are unfair.
  • Avoid discussing the case on social media or in messages.
  • Preserve evidence that supports your account, including texts, emails, video, and witness names.
  • Speak with our attorneys to coordinate the criminal defense, the protective order hearing, and any family law case.

Our firm regularly defends clients in assault family violence, protective order violation, and related charges. A coordinated strategy protects criminal records, parental rights, and professional licenses.

Civil and Family Law Options

Beyond the criminal case, civil and family options often matter just as much:

  • Divorce or separation petitions under the Texas Family Code
  • Custody and possession orders that account for safety concerns
  • Address confidentiality through the Attorney General’s program
  • Spousal maintenance and child support under Texas Family Code Chapter 8 and Chapter 154
  • Civil damages in some cases involving intentional torts

Coordinating the family law and criminal cases helps ensure that decisions in one do not undermine the other.

Children and Family Violence

When children are involved, Texas family courts focus on the child’s best interest. Common considerations include:

  • Possession and access orders shaped to limit exposure to violence
  • Supervised visitation when appropriate
  • Counseling and therapy for children and parents
  • Protective measures for school pickups and exchanges
  • Parental coordinator or facilitator appointments in high-conflict cases

Where there is a Texas Department of Family and Protective Services (DFPS) investigation involved, parents on both sides should expect interviews and home visits.

Why Choose the Law Offices of Richard C. McConathy

Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have represented clients in family violence assault, protective order violation, sexual assault, and related cases across 16 counties in North Texas. We coordinate with family lawyers and advocates as needed to protect both the criminal record and the family relationships involved.

If your case involves family or domestic violence—such as assault, protective order violations, or related allegations—it’s important to speak directly with a Dallas Domestic Violenece Lawyer who understands how these cases impact both your record and your personal life.

For other criminal matters—or if you’re unsure how your case will be classified—our Criminal Defense Lawyer Dallas can review your situation and guide you on the best next step.

Contact us today through our contact page to get started.

 

Frequently Asked Questions

What is domestic violence in Texas?

Texas defines family violence in Family Code § 71.004 as an act intended to cause physical harm, bodily injury, assault, or sexual assault, or that places a family or household member in reasonable fear of imminent physical harm. It includes dating violence and child abuse situations.

Where can I go for help in Texas right now?

If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Calling 2-1-1 in Texas can also connect you with local shelters, counseling, and crisis services.

How do I get a protective order in Texas?

You can apply through the District or County Attorney’s office in your county, a private attorney, or a legal aid organization. The court can issue a temporary ex parte order quickly and a final protective order after a hearing.

What if I am the one falsely accused of family violence?

Do not contact the alleged victim, follow all court orders, and preserve evidence that supports your account. Our attorneys defend clients accused of family violence and coordinate criminal defense with any related family law case.

Can children be removed from a home because of family violence allegations?

Yes, in some cases. The Texas Department of Family and Protective Services may open an investigation and impose safety plans or, in serious cases, seek removal. Both parents typically benefit from legal advice early in the process.

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