Principal Office
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
15110 Dallas Pkwy #400
Dallas, TX 75248
(972) 233-5700
Years Defending Texans
Cases Dismissed
Criminal Cases Handled
Counties Served Across Texas
Available | Serving All of Texas
Dallas County doesn’t wait for the person who called 911 to decide whether your case moves forward. The Dallas County District Attorney’s Family Violence Unit operates under a no-drop prosecution policy, which means prosecutors pursue family violence assault charges using police reports, body camera footage, 911 recordings, medical records, and witness statements, even when the named complainant recants or refuses to cooperate.
By the time most defendants contact an attorney, a magistrate protective order is already in place, bond conditions restrict where they live and who they contact, and a prosecutor is building the case file.
The Law Offices of Richard C. McConathy defends family violence assault charges across Dallas County, Tarrant County, Denton County, and Collin County courts. Richard McConathy is a member of the Dallas Criminal Defense Lawyers Association, has appeared in Dallas County Criminal District Courts for over 35 years, and has handled more than 6,000 criminal cases with 1,000+ dismissals. He handles every case personally.
Call 972-233-5700 to speak directly with Richard McConathy about your charge.
Family violence assault in Texas is charged under Texas Penal Code Section 22.01, with the classification depending on the specific conduct, the relationship between the parties, and any prior family violence history.
A first-offense Class A misdemeanor assault family violence carries up to one year in Dallas County Jail and a fine up to $4,000. The charge escalates to a third-degree felony when there is a prior family violence conviction on record, regardless of how old that prior conviction is.
Beyond the immediate penalties, a family violence conviction in Texas carries a federal firearms prohibition. Under 18 U.S.C. Section 922(g)(9), a person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing a firearm under federal law. This federal prohibition applies to Texas misdemeanor family violence convictions and affects law enforcement officers, military members, hunters, and anyone who owns or uses firearms for any purpose.
The charge filed in Dallas County depends on the specific facts of the incident:
| Charge | Statute | Level |
| Assault Family Violence Causing Bodily Injury | Penal Code §22.01(a)(1) | Class A misdemeanor |
| Assault Family Violence With Prior Conviction | Penal Code §22.01(b) | Third-degree felony |
| Assault by Impeding Breath or Circulation | Penal Code §22.01(b)(2)(B) | Third-degree felony |
| Aggravated Assault Family Violence | Penal Code §22.02 | First- or second-degree felony |
Assault by strangulation is prosecuted as a felony from the first offense in Texas, with no prior conviction required. Dallas County prosecutors handle strangulation cases through the Family Violence Unit with the same prosecutorial resources allocated to felony assault cases generally.
Defending a family violence charge in Dallas County starts with the evidence the prosecution actually has, not the charge as filed. Richard McConathy reviews the full arrest file, the body camera footage, the 911 recording, any medical documentation, and the officer’s narrative before evaluating what the defense looks like. The charge as written and the provable evidence are not always the same thing.
Dallas County’s no-drop policy changes the defense calculus compared to jurisdictions where complainant cooperation drives prosecution decisions. Cases in Dallas County do not resolve simply because the complainant stops responding to the prosecutor’s calls. The defense builds its position around the independent evidence, not around waiting for complainant cooperation to fade.
| Evidence Problem | Why It Matters |
| Body camera footage contradicts the report | Creates credibility issues for the prosecution. |
| 911 statements differ from later allegations | Inconsistent accounts affect witness reliability. |
| Medical records do not match alleged injuries | Weakens proof of bodily injury. |
| No photographs or physical evidence exist | The case depends heavily on witness credibility. |
| Independent witnesses contradict the allegations | Creates factual disputes for jurors. |
| Self-defense evidence exists | Texas Penal Code Chapter 9 recognizes justification defenses. |
| Delayed reporting | Raises questions about memory and accuracy. |
| Text messages tell a different story | Context sometimes conflicts with allegations. |
| Officers omitted details from reports | Missing facts become impeachment material. |
| Protective order allegations overlap with divorce or custody disputes | Creates additional motives and factual issues to evaluate. |
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:
Accused of domestic violence in Dallas? Contact us for a free consultation and the best possible defense against family violence charges!
Richard McConathy has appeared before Dallas County Criminal District Court judges in family violence cases for over 35 years. That includes the Family Violence Court and the Criminal District Courts, where felony family violence cases are assigned after indictment.
That familiarity reflects specific, repeated courtroom presence in the same building, in front of the same judges, across cases that span misdemeanor Class A assault charges through first-degree felony aggravated assault cases.
At McConathy Law, we handle your case personally. There is no associate who manages your file between hearings. You speak directly with the attorney who reviews your evidence, files your motions, and appears at your trial date.
A complainant recanting in a Texas family violence case does not automatically end the prosecution. Dallas County's Family Violence Unit pursues cases using body camera footage, 911 recordings, medical records, and officer observations that do not depend on complainant testimony. The prosecutor decides whether the independent evidence supports proceeding without the complainant. Cases with strong physical evidence or recorded statements made at the scene are routinely prosecuted over recantation.
A family violence conviction in Texas does not qualify for expunction. An arrest that did not result in conviction, a charge that was dismissed, or a case that ended in acquittal at trial is eligible for expunction under Texas Code of Criminal Procedure Chapter 55. This is one of the concrete reasons why the outcome of a family violence charge matters beyond the immediate sentence. A conviction stays on the record permanently, while a dismissal or acquittal creates a path to removing the arrest entirely.
A conviction for a misdemeanor crime of domestic violence generally triggers a federal firearms prohibition under 18 U.S.C. §922(g)(9). Questions involving deferred adjudication, pardons, and restoration of rights require an individual review because federal law contains exceptions and recent court decisions continue to shape how those rules apply.
Read the magistrate's order of emergency protection carefully and follow every condition from the moment you are released. Do not contact the named complainant directly or through a third party, do not return to a residence listed in the order, and do not communicate through social media or messaging apps. Violations are charged as separate criminal offenses and make the underlying family violence case significantly harder to defend. Contact an attorney before you have any communication with the complainant, even if they initiate contact with you.
A Dallas County family violence misdemeanor case takes four to twelve months from arrest to resolution, depending on the court's docket and how the defense proceeds. Felony family violence cases that go through indictment and into a Criminal District Court take longer, commonly twelve to eighteen months or more for cases that proceed toward trial. Cases with strong pre-trial motion grounds sometimes resolve earlier when prosecutors reassess their position after defense challenges.
A magistrate's order for emergency protection is issued automatically at the Dallas County Jail within hours of a family violence arrest, without a hearing, and lasts between 31 and 91 days. A protective order under Texas Family Code Chapter 85 is a separate civil court order that requires a hearing and lasts up to two years. The two orders are different legal instruments, issued by different courts, and carry different violation penalties. Both restrict contact with the named complainant and both create separate criminal exposure if violated.
Yes. A family violence conviction creates a rebuttable presumption against joint managing conservatorship under Texas Family Code Section 153.004, which is the standard shared custody arrangement Texas courts typically order. Even a pending family violence charge, before conviction, affects temporary custody orders in a divorce or custody proceeding. Courts take documented family violence history into account when setting possession schedules, access conditions, and whether supervised visitation applies.
Yes, a first-offense family violence charge in Dallas County gets dismissed in cases where the evidence does not independently support the charge, where pre-trial motions result in suppression of key evidence, or where the prosecution determines it cannot meet its burden of proof at trial. Dallas County's Family Violence Unit does not dismiss cases routinely based on complainant requests alone, but cases built on weak physical evidence, contradicted by body camera footage, or affected by suppression rulings do resolve through dismissal. The strength of that result depends on what the evidence actually shows and how early the defense gets involved.
A family violence charge in Dallas County starts moving the moment the arrest report is filed. The prosecution has the police report, the body camera footage, and the 911 recording before you make your first phone call. The magistrate protective order restricts where you live and who you contact before you see a judge. Waiting to retain an attorney compounds every one of those disadvantages.
Call us at 972-233-5700 now to get McConathy’s direct assessment of your Dallas County case.
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.
