Being accused of domestic violence in Dallas is a serious matter that can disrupt your life and jeopardize your future. These allegations often lead to immediate consequences, such as removal from your home, restricted access to your family, and potential legal penalties like imprisonment, fines, or a lasting criminal record.
The long-term effects can be equally damaging, including loss of child custody, harm to your professional reputation, and limited future opportunities. Our experienced legal team is dedicated to providing strong and personalized defense strategies for clients facing domestic violence charges.
Facing family violence charges? Contact our team today to schedule a free consultation and get the expert legal support!
When To Contact Our Dallas Domestic Violence Defense Lawyers
Domestic violence, often referred to as family violence under Texas law, includes a range of abusive behaviors aimed at controlling, harming, or intimidating a family or household member. The state of Texas defines domestic violence as any act that results in bodily injury, physical harm, or the threat of harm against a current or former partner, spouse, roommate, or close family member.
Domestic violence can take many forms, each with serious legal consequences. Common examples include:
- Physical Abuse: Involves acts like hitting, punching, kicking, or any action causing bodily injury or pain.
- Emotional and Psychological Abuse: Includes verbal threats, humiliation, isolation, and actions that instill fear or diminish self-worth.
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- Economic Abuse: Controlling access to money, restricting employment opportunities, or withholding financial resources.
- Sexual Abuse: Forcing or coercing someone into non-consensual sexual activity or unwanted contact.
- Stalking and Harassment: Persistent monitoring, following, or unwanted communication that causes emotional distress or fear.
- Digital Abuse: Using technology to intimidate, harass, or exert control, such as tracking a partner’s online activity or sending constant threatening messages.
Understanding real-life scenarios helps illustrate how family violence might occur:
- A partner isolates their spouse from friends and family, using emotional abuse to manipulate their actions.
- A spouse seizes full control of finances, leaving the other dependent and unable to support themselves.
- Threatening a partner with deportation or exposure of private details to coerce compliance.
If you’ve experienced allegations based on any of these situations, our law firm in TX is ready to help.
Under state of Texas law, violence is defined as any act intended to cause bodily injury, threats of harm, or physical harm against a family or household member. Penalties for domestic abuse can include:
- Jail or prison time
- Fines
- Protective orders prohibiting contact with the alleged victim
- Potential loss of child custody
Protective orders often play a significant role in family law cases and violations of these orders can lead to additional charges.
Our experienced criminal defense attorneys provide tailored legal strategies to protect your rights. Here’s how we can assist:
- Evaluate Your Case: We’ll analyze the details of your situation to identify flaws in the prosecution’s argument.
- Build a Strong Defense: Our team will gather evidence, interview witnesses, and challenge any exaggerated or false claims.
- Protect Your Future: Whether it’s negotiating reduced charges or representing you in court, we’ll work tirelessly to minimize the impact on your life.
Domestic violence charges move quickly, often with immediate consequences. Contacting an experienced defense attorney as soon as possible can help safeguard your rights.
Definitions of Family / Domestic Violence in Dallas County
Often, family violence or domestic violence situations involve terms that are unfamiliar to most people and different from general criminal proceedings. As defined in Chapter 71 of the Texas Family Code, many of these terms are listed below.
- Family Violence – Family violence is often more commonly referred to as domestic violence, domestic abuse or dating violence, and is defined as an intentional act by one family member against another to cause physical harm, bodily injury, assault, or sexual assault.
- Dating Violence – Dating violence is defined as an intentional act by a person in a dating relationship against a person they are currently in a dating relationship with or were previously in a dating relationship with that causes physical or bodily harm.
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- Family Member – A family member is anyone who is related by blood, related by marriage, a former spouse, parents of the same child, foster parents, or step-parents.
- Household Member – A household member is anyone who resides or has previously resided in the same home. This includes individuals who are not in the same family, such as roommates.
- Protective Order – A protective order is generally more commonly referred to as a restraining order, protection against family violence, or protection order, and is a court order issued if the judge determines family violence has occurred and is likely to occur again.
- Protective Order Hearing – At a protective order hearing, the judge determines whether family violence has occurred and is likely to occur in the future after both sides present evidence and any witnesses. The judge will issue a protective order if they determine family violence has occurred.
Why Choose Our Dallas Domestic Violence Lawyers
Facing domestic violence charges is stressful and life-changing, but having the right lawyer can make all the difference. Here’s why people trust us to defend their rights and help them move forward:
- Experienced in Domestic Violence Cases: We’ve spent years helping clients with family violence cases in Dallas and across Texas. From minor charges to serious felonies, we know the ins and outs of domestic violence laws and how to handle even the toughest cases. Our goal is to protect your rights every step of the way.
- Personalized Defense Strategies: Every case is different, so we build a defense plan tailored to your situation. We dig into the evidence, find weaknesses in the prosecution’s case, and fight for the best outcome, whether that’s negotiating with the district attorney or preparing for trial.
- Clear Communication and Full Support: We understand how overwhelming this process can be. That’s why we take the time to explain your options, answer your questions, and guide you every step of the way. We’re here to make sure you never feel alone in this fight.
- Strong Track Record of Success: We’ve helped many clients get their charges dismissed, penalties reduced, or win their cases in court. Our detailed approach and commitment to your defense have earned us a reputation as lawyers who get results.
Accused of domestic violence in Dallas? Contact us for a free consultation and the best possible defense against family violence charges!
About Our Domestic Violence Defense Lawyers in Dallas
The Law Offices of Richard C. McConathy is a trusted defense firm with over 35 years of experience protecting clients against domestic violence charges. Our attorneys are dedicated to thoroughly examining each case, uncovering critical details, and crafting strong legal strategies to defend your rights and future.
With a proven history of handling over 1,000 cases and achieving many favorable outcomes, we apply our deep understanding of Texas domestic violence laws to safeguard your reputation, minimize penalties, and protect your personal relationships and opportunities.
Serving individuals across 16 counties in the Dallas-Fort Worth area, including Dallas County, our firm’s strong relationships with local courts and prosecutors give clients an advantage. Whether you are facing family violence accusations or need guidance with protective orders, we are here to offer skilled support and effective representation.
Types of Domestic Violence Charges
Our Dallas domestic violence defense lawyers from The Law Offices of Richard C. McConathy have extensive experience handling a wide range of domestic violence cases. We are committed to providing strong representation and tailored strategies to protect your rights and fight these serious accusations.
Below are the primary types of domestic violence charges our Dallas criminal defense lawyers handle:
These charges involve allegations of physical violence, verbal threats, or other harmful actions against a family or household member. Even minor disputes can escalate into legal issues, and our team works to challenge evidence, uncover inconsistencies, and advocate for dismissal or reduced charges.
When serious injuries or the use of a weapon are involved, domestic assault charges may be elevated to a felony. These cases carry severe penalties, and our attorneys focus on building a robust defense to counter allegations and minimize the impact on your future.
Choking or suffocation is considered a serious form of domestic assault in Texas. These charges often rely on medical evidence and witness testimony, and we work diligently to challenge the prosecution’s claims and protect your rights.
This includes repeated behavior that causes fear, emotional distress, or a sense of danger to the alleged victim. Our defense strategies include questioning the evidence, proving intent, and demonstrating any inconsistencies in the claims.
Failing to comply with a protective order can lead to additional charges and penalties. We analyze the circumstances surrounding the alleged violation, ensuring your actions are accurately represented in court.
Persistent actions like unwanted communication or threats can result in harassment charges. We defend against these accusations by challenging the evidence and proving the absence of intent to cause fear or distress.
These charges involve allegations of harming or endangering a minor. Our attorneys carefully examine the evidence, including medical records and witness testimony, to ensure the facts are accurately presented and misinterpretations are addressed.
Leaving a child in unsafe or hazardous conditions can lead to serious legal consequences. We provide comprehensive defense strategies that highlight mitigating factors, question the evidence, and protect your parental rights.
Penalties for Domestic Violence in Texas
Domestic violence offenses in Texas carry serious penalties that can escalate depending on the severity of the incident, prior convictions, or the presence of aggravating factors.
Below is a detailed breakdown of the potential consequences.
Misdemeanor Offenses
For less severe domestic violence charges, penalties typically include:
- Class C Misdemeanor: A fine of up to $500 with no jail time, usually for minor offenses such as verbal threats without physical contact.
- Class A Misdemeanor: Up to one year in county jail and a fine of up to $4,000. This applies to cases involving bodily injury to a family or household member without aggravating factors.
These penalties may still lead to a criminal record, affecting your reputation and future opportunities.
Felony Offenses
More serious offenses, such as repeated domestic violence or incidents involving severe injury, fall under felony classifications:
- Third-Degree Felony: Punishable by 2–10 years in prison and fines up to $10,000. Commonly charged for repeated offenses or assault with prior convictions.
- Second-Degree Felony: Involves severe bodily injury or the use of a deadly weapon. Penalties include 2–20 years in prison and fines up to $10,000.
- First-Degree Felony: Reserved for the most severe cases, such as aggravated assault or injury resulting in life-threatening harm. Punishments include 5–99 years or life in prison and fines up to $10,000.
Felony convictions have life-altering consequences, including a permanent criminal record and the possibility of long-term imprisonment.
Additional Consequences
In addition to legal penalties, domestic violence convictions can lead to:
- Loss of Firearm Rights: Federal law prohibits individuals convicted of domestic violence from owning or purchasing firearms.
- Child Custody Issues: A conviction can severely impact your ability to gain or retain custody of your children.
- Damage to Reputation: A criminal record for domestic violence can limit employment opportunities, harm personal relationships, and lead to significant social stigma.
Protect Yourself from These Consequences
The penalties for domestic violence in Texas are severe, but you don’t have to face them alone. Our experienced defense attorneys are here to provide a strong and strategic defense to help you avoid these damaging outcomes.
Facing allegations of family violence in Dallas? Schedule a free consultation with our experienced domestic violence lawyer to protect your rights today!
Defense Strategies for Domestic Violence Cases
Our attorneys have successfully defended clients in a wide range of domestic violence cases by crafting strategies tailored to the unique details of each situation. Below are some common and effective defense approaches we use to protect our clients’ rights and achieve favorable outcomes.
In many cases, our clients were acting to protect themselves or others from harm. Self-defense can be a powerful argument if evidence shows the accused was not the aggressor and acted out of necessity to prevent injury.
Our attorneys gather witness statements, medical records, and other proof to support this claim.
False allegations of domestic violence can arise from personal disputes, custody battles, or attempts to gain an advantage in divorce proceedings. Our team carefully investigates the motivations behind the accusations, uncovering inconsistencies in the accuser’s story or evidence that proves the claims are baseless.
Prosecution requires sufficient evidence to prove guilt beyond a reasonable doubt. If the evidence is weak, such as no physical injuries or unreliable witness accounts, we challenge its validity.
By filing motions to suppress questionable evidence, we can weaken the prosecution’s case significantly.
Domestic situations can often involve misunderstandings or misinterpretations of events. For example, heated arguments or accidental actions may be misconstrued as intentional violence.
We work to present the context of the situation, clarifying what actually occurred and showing that no crime was committed.
Contact Our Dallas Domestic Violence Attorneys Today
Domestic violence charges can have lasting consequences, but you don’t have to face them alone. Taking swift action is key to protecting your rights, your reputation, and your future.
Our experienced attorneys are ready to provide clear guidance, and a strong defense tailored to your situation with a free consultation. Call us now at 972-528-0481 to discuss your case, or reach out through our contact page or email, info@mcconathylaw.com.
Every moment matters, and we’re here to stand by your side and help you move forward with confidence.
FAQs
How can I defend against a domestic violence charge?
Defenses against domestic violence charges include self-defense, proving false accusations, or demonstrating a lack of evidence. Each case is unique, and an experienced defense attorney will analyze the facts, challenge evidence, and develop a tailored strategy to protect your rights and achieve the best outcome.
Can the victim drop domestic violence charges in Texas?
In Texas, domestic violence charges are handled by prosecutors, not victims. Even if the victim wishes to drop charges, the state can still pursue the case. A skilled attorney can negotiate with prosecutors or challenge the evidence to secure a favorable resolution for the accused.
What happens after a domestic violence charge is filed?
Once charges are filed, the accused may face an arraignment where they enter a plea. The case then proceeds to pretrial, where evidence is reviewed, and defense strategies are developed. An experienced attorney can work to dismiss charges, reduce penalties, or prepare for trial if necessary.