Arlington Domestic Violence Attorney

Being charged with domestic violence in Arlington can turn your life upside down in an instant. Under Texas law, family violence includes any act by one family or household member intended to result in physical harm, bodily injury, assault, or sexual assault against another family member.

These charges carry severe consequences including jail time, protective orders, loss of child custody, and permanent damage to your reputation. However, being arrested doesn’t mean you’re guilty. With the right legal strategy and an experienced criminal defense attorney, you can fight these allegations and protect your future.

Time is critical in domestic violence cases. Don’t face these serious charges alone—contact our criminal defense lawyer in Arlington at (972) 528-0478 immediately for a confidential consultation.

Understanding Domestic Violence Charges in Texas

Texas defines domestic violence under the broader term “family violence” in Texas Penal Code § 22.01. Family violence occurs when someone commits an act against a family or household member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that reasonably threatens imminent physical harm.

Covered Relationships

Domestic violence can occur between:

• Spouses or former spouses
• Dating partners or former dating partners
• People related by blood, marriage, or adoption
• People who live together or formerly lived together
• People who share a child together

Common Charges

Simple Assault (Class A Misdemeanor)

• Intentionally or knowingly causing bodily injury
• Threatening imminent bodily injury
• Intentionally or knowingly causing physical contact in a provocative manner

Aggravated Assault (Felony)

• Causing serious bodily injury
• Using or displaying a deadly weapon during the assault

Continuous Violence Against the Family

• Two or more acts of family violence within twelve months
• Automatic third-degree felony charge

Important: Texas operates under a “no-drop” policy, meaning prosecutors can pursue domestic violence charges even if the alleged victim doesn’t cooperate or wants the charges dismissed.

Related reading: https://mcconathylaw.com/blog/is-domestic-violence-a-felony-or-misdemeanor/

What Happens After a Domestic Violence Arrest in Arlington?

Immediate Consequences

When arrested for domestic violence in Arlington, you’ll likely face:

What to Expect at Your Arlington Court Appearances

Arlington Municipal Court (located at 101 S Mesquite St, Arlington, TX 76010 – at the Northeast corner of Abram and Mesquite streets inside City Tower) handles initial Class C misdemeanor cases. However, most domestic violence charges are filed in:

Tim Curry Criminal Justice Center 401 W Belknap St, Fort Worth, TX 76196

• Parking: Paid parking available in adjacent garage – no free parking available in this vicinity, parking meters with 2-hour limit, or public parking lots/garages for a fee
• Security: Allow extra time for metal detectors and bag screening (may need to remove shoes)
• What to bring: Photo ID, court paperwork, and exact cash amounts for potential fines
• Nearby landmarks: Located near the Fort Worth Convention Center and downtown courthouse district, bordered by Belknap St. to the north, Weatherford St. to the south, Taylor St. to the east, and Lamar St. to the west

Protective Orders and Release Conditions

Texas law requires courts to issue automatic protective orders in domestic violence cases. In Tarrant County, these are typically processed at the Family Law Center (401 W Belknap St, 2nd floor). These orders typically:

• Prohibit contact with the alleged victim
• Require you to stay away from shared residences
• Prevent you from possessing firearms
• May restrict contact with children

Important: If you need to retrieve personal belongings from a shared residence, you must request a civil standby through the Arlington Police Department (620 W Division St). Never attempt to return without police escort – this could result in additional charges.

Violating a protective order is a separate Class A misdemeanor punishable by up to one year in jail and $4,000 in fines.

The Role of Arlington Police and Prosecution

The Arlington Police Department (620 W Division St – near Arlington Memorial Hospital) has specialized domestic violence units trained to investigate these cases thoroughly. The department’s Family Violence Unit often:

• Interview both parties separately
• Document any visible injuries with photographs
• Collect physical evidence from the scene
• Review any recorded 911 calls or text messages

Tarrant County District Attorney’s Office (401 W Belknap St, 3rd floor) prosecutors take domestic violence cases seriously and often pursue charges aggressively, even with limited evidence. They work closely with victim advocates from the Women’s Center of Tarrant County.

Arlington Bail and Bond Process

Most domestic violence arrests result in transport to Tarrant County Jail (100 N Lamar St, Fort Worth). The bond process typically involves:

Standard Bond Amounts in Tarrant County:

• Class A Misdemeanor DV: $1,500 – $5,000
• Felony DV: $5,000 – $25,000
• Enhanced charges: $10,000 – $50,000

Bond conditions often include:

• GPS monitoring (additional costs may apply)
• No-contact provisions with alleged victim
• Surrender of firearms
• Alcohol/drug testing requirements

Bond can be posted 24/7 at the Bond Desk, Tarrant County Corrections Center (100 N Lamar St, Fort Worth, TX 76196). Contact the facility at (817) 884-3116 for bond information.

How Our Arlington Domestic Violence Attorneys Can Help

At the Law Offices of Richard C. McConathy, we’ve successfully defended over 1,000 criminal cases with more than 300 dismissals or not guilty verdicts. Our approach includes:

Case Investigation

• Reviewing police reports and body camera footage for procedural errors
• Analyzing 911 calls and dispatch recordings for inconsistencies
• Examining physical evidence and crime scene documentation
• Interviewing potential witnesses who may support your version of events

Legal Strategy

• Filing motions to suppress illegally obtained evidence
• Identifying violations of your constitutional rights during arrest or questioning
• Questioning the credibility and motives of accusers
• Negotiating with prosecutors for reduced charges or case dismissal
• Preparing compelling trial presentations when necessary

Common Defenses Against Domestic Violence Allegations

False Accusations

Domestic violence allegations are sometimes made falsely during:

• Contentious divorce proceedings where one spouse seeks advantage
• Child custody disputes to gain leverage in family court
• Relationship breakups motivated by revenge or anger

Lack of Evidence

The prosecution must prove guilt beyond a reasonable doubt. We challenge cases where:

• No independent witnesses observed the alleged incident
• No physical injuries or medical documentation exists
• Physical evidence is inconsistent with the accusations

Self-Defense

Texas law allows individuals to use reasonable force to protect themselves or others from imminent harm when:

• You were protecting yourself from an aggressive family member
• You were defending your children from harm
• The alleged victim was the initial aggressor

Constitutional Violations

Evidence obtained through illegal searches, coerced confessions, or Miranda violations can be suppressed, often leading to case dismissal.

Penalties for Domestic Violence in Texas

The consequences of a domestic violence conviction in Texas are severe and long-lasting:

Class A Misdemeanor (First Offense)

• Up to 1 year in county jail
• Fines up to $4,000
• Probation with mandatory counseling
• Loss of gun rights
• Permanent criminal record

Third-Degree Felony (Enhanced Charges)

Enhanced charges apply when:

• Previous domestic violence conviction exists
• Choking or strangulation occurred
• Breath or circulation was impeded

Penalties include:

• 2 to 10 years in state prison
• Fines up to $10,000
• Permanent felony record
• Loss of voting and gun rights

Second-Degree Felony (Aggravated Cases)

For serious bodily injury or use of a deadly weapon:

• 2 to 20 years in state prison
• Fines up to $10,000
• Lifetime consequences for employment and housing

Long-Term Consequences

Beyond criminal penalties, domestic violence convictions affect:

• Employment opportunities (background checks)
• Professional licensing (healthcare, legal, education)
• Housing applications (rental background checks)
• Immigration status (for non-citizens)
• Child custody and visitation rights

Protective Orders and No-Contact Conditions

Understanding protective orders is crucial for anyone facing domestic violence charges in Arlington.

Types of Protective Orders

Temporary Ex Parte Protective Order

• Issued immediately upon request
• No hearing required initially
• Typically lasts 14-20 days
• Designed to provide immediate protection

Final Protective Order

• Issued after a full court hearing
• Can last up to 2 years (or longer in certain cases)
• Both parties can present evidence and testimony
• More comprehensive restrictions possible

Emergency Protective Order

• Issued at the time of arrest
• Lasts 31-61 days typically
• Automatically triggers in domestic violence arrests

Challenging Protective Orders

Our experienced attorneys can help you:

• Contest the issuance of protective orders in court
• Modify existing orders to allow necessary contact (shared children)
• Ensure fair hearings where you can present your side
• Protect your parental rights and living arrangements

⚠️ Important: Violating any protective order is a Class A misdemeanor punishable by up to one year in jail and $4,000 in fines.

Domestic Violence and Child Custody in Arlington Family Courts

Domestic violence allegations can devastate your relationship with your children. Texas Family Code considers family violence when making custody decisions.

Impact on Custody Rights

A finding of family violence creates a presumption against awarding custody to the offending parent. This means:

• Supervised visitation may be required initially
• Parenting classes and counseling often mandatory
• Restricted overnight visits with children
• Ongoing court supervision of the parent-child relationship

Protecting Your Parental Rights

Our approach to protecting your parental rights includes:

• Fighting the underlying criminal charges aggressively
• Coordinating criminal and family court strategies
• Presenting evidence of your parenting capabilities
• Challenging false allegations in both venues

Important Note: Each domestic violence case is unique, and protecting your parental rights requires immediate legal intervention and strategic defense planning.

Why Choose Our Arlington Domestic Violence Defense Team

Deep Knowledge of Tarrant County Courts

With over 35 years of combined experience, our team knows the local legal landscape:

• Relationships with prosecutors in the Tarrant County DA’s Family Violence Unit
• Trial experience in all Tarrant County Criminal District Courts (1-10)
• Familiarity with local judges’ sentencing patterns and preferences
• Board Certified Criminal Law Specialist (Richard C. McConathy)

Practical Court Guidance

We help clients navigate the practical aspects of their cases:

• Where to park at the Tim Curry Criminal Justice Center
• Which entrance to use for different court appearances
• What documents to bring to each hearing
• How to complete required forms like financial affidavits

Local Resources

We coordinate with Arlington-area resources including:

• Counseling providers approved by Tarrant County courts
• Local bail bondsmen with 24-hour availability
• Court-approved translators when needed

Exceptional Results

Our track record speaks for itself:

• Over 1,000 criminal cases handled
• 300+ dismissals or not guilty verdicts
• Exclusive focus on criminal defense
• Serving 16+ counties in North Texas

Awards and Recognition

• Best Criminal Defense Lawyers in Dallas (Expertise.com 2021)
• Dallas Criminal Defense Lawyers’ Association member
• Texas Criminal Defense Lawyers Association member
• National College for DUI Defense member

Client-Centered Approach

We understand the stress and fear that comes with domestic violence charges. Our goal is not just to defend your case, but to help you navigate this difficult time and protect your future.

We provide:

• 24/7 availability for urgent legal matters
• Compassionate, non-judgmental counsel
• Clear communication about your case status
• Aggressive advocacy in and out of court

Our Track Record in Domestic Violence Defense

Proven Success in Texas Criminal Courts

Our track record speaks for itself:

• Over 1,000 criminal cases handled
• 300+ dismissals or not guilty verdicts across all case types
• Exclusive focus on criminal defense
• Serving 16+ counties in North Texas

Verified Case Results from Public Records

The following domestic violence case results are from actual public court records:

Recent Domestic Violence Dismissals:

• Assault Family Violence – Dismissed, Dallas County, Case No. M13-33519
• Assault Family Violence – Dismissed, Dallas County, Case No. M16-10155
• Assault Family Violence – Dismissed, Dallas County, Case No. M14-23336
• Assault by Contact Family Violence – Dismissed, City of Dallas, Case No. C21550262
• Assault Family Violence – Dismissed, Dallas County, Case No. M13-33519

Note: Case results listed are from actual court records and do not guarantee similar outcomes in future cases. Each case is evaluated based on its unique facts and circumstances.

Call to Action: Speak to an Arlington Domestic Violence Attorney Today

Your future depends on the decisions you make right now. Every day you wait gives prosecutors more time to build their case against you.

Contact Us Immediately

📞 Call (972) 528-0478 for emergency legal help

What to Expect

During your consultation, we’ll:

• Review the charges in detail
• Explain your legal options and potential outcomes
• Develop an initial defense strategy
• Answer your questions about the legal process

Remember: Everything you tell us is confidential and protected by attorney-client privilege.

Frequently Asked Questions

Is domestic violence a felony in Texas?

Domestic violence can be either a misdemeanor or felony in Texas, depending on several factors:

• First-time offenses are typically Class A misdemeanors
• Previous convictions enhance charges to third-degree felonies
• Choking or strangulation elevates to felony level
• Serious bodily injury or weapon use results in felony charges

Can a victim drop domestic violence charges in Texas?

No, victims cannot simply “drop” domestic violence charges in Texas. Once filed, only prosecutors can dismiss the charges. However, victim cooperation often influences prosecutorial decisions. Our attorneys work with all parties to achieve the best possible outcome.

What are the penalties for first-time domestic assault in Arlington?

First-time domestic assault in Arlington is typically charged as a Class A misdemeanor carrying:

• Up to 1 year in county jail
• Fines up to $4,000
• Mandatory completion of a batterer’s intervention program
• Possible probation with conditions
• Loss of gun rights during probation

Can I fight a protective order in Texas?

Yes, you have the right to contest protective orders in Texas courts. You can:

• Request a hearing to challenge the order
• Present evidence and witnesses on your behalf
• Cross-examine the person requesting the order
• Argue for modification of overly restrictive terms

What happens if I violate a no-contact order in Arlington?

Violating a protective order in Texas is a Class A misdemeanor punishable by:

• Up to 1 year in jail
• Fines up to $4,000
• Additional criminal charges
• Immediate arrest without warrant

📞 Don’t gamble with your freedom and future. Contact the Law Offices of Richard C. McConathy at (972) 528-0478 today for aggressive domestic violence defense in Arlington, Texas.