Accused of family violence in Frisco? The Law Offices of Richard C. McConathy defends clients against domestic violence charges in Collin County courts.
Domestic violence arrests in Frisco lead to prosecution in Collin County even when the alleged victim doesn’t want charges filed. Texas law requires police to arrest someone when they believe family violence occurred—what either party wants is irrelevant.
Convictions carry jail time, permanent loss of gun rights, and devastating custody consequences. Our Board Certified criminal defense attorney has dismissed 1,000+ cases and appears regularly in Collin County courts, where your case will be prosecuted.
Facing family violence charges in Collin County? Speak with our Frisco criminal defense attorney today to protect your rights and start building your defense strategy.
Who Gets Charged With Domestic Violence in Frisco
Texas Penal Code Chapter 22 applies family violence charges to assault, threats, or bodily injury between:
- Spouses or ex-spouses
- Dating partners (current or former)
- Parents of the same child
- Roommates or former roommates
- Blood relatives
- Relatives by marriage
When the Frisco Police Department responds to domestic calls at homes near The Star, Hall Park, Frisco Square, or anywhere in the city, officers must arrest someone if they determine family violence occurred.
Both parties wanting to resolve the issue privately doesn’t prevent arrest and prosecution.
📌 Relationship definitions under Texas law can extend beyond cohabitation. Former partners who no longer live together but share a child or have a continuing romantic link may still fall within the statute — a frequent source of legal misunderstanding during custody disputes.
What Constitutes Domestic Violence in Texas
Many domestic violence cases begin as misunderstandings or arguments that escalate into assault charges, even when no serious injury occurred.
Physical Contact
- Hitting, pushing, shoving, and grabbing
- Any unwanted touching causing pain or injury
- Blocking someone’s exit from a room or home
Threats
- Statements placing someone in fear of imminent harm
- Threatening gestures or actions
Property Damage
- Breaking items during arguments
- Damaging property to intimidate or threaten
Offensive Contact
- Touching in a provocative or offensive manner
- Any contact the alleged victim finds unwelcome
| Offense | Classification | Jail/Prison Time | Fine |
| Threats or offensive contact | Class C misdemeanor | None | Up to $500 |
| Causes bodily injury | Class A misdemeanor | Up to 1 year | Up to $4,000 |
| Second family violence conviction | Third-degree felony | 2–10 years | Up to $10,000 |
| Strangulation/impeding breathing | Second-degree felony | 2–20 years | Up to $10,000 |
| Use of a deadly weapon | First-degree felony | 5–99 years or life | Up to $10,000 |
- Federal Firearm Ban: Any domestic violence conviction—including Class A misdemeanors—permanently prohibits gun possession under federal law.
- Employment Consequences: Frisco employers, including PGA headquarters, Dallas Cowboys, T-Mobile, and corporate office,s conduct background checks. Convictions result in termination or hiring disqualification.
- Professional Licenses: Texas Education Agency, Board of Nursing, State Bar, and medical boards suspend or revoke licenses for domestic violence convictions.
- Child Custody Impact: Texas Family Code presumes that custody with a domestic violence offender is not in the child’s best interest.
- Immigration Status: Non-citizens face deportation proceedings and green card revocation.
Where Your Case Will Be Heard
💡 Judges in Collin County’s 401st and 366th District Courts have a reputation for scrutinizing protective order compliance closely. Demonstrating consistent adherence to bond and no-contact conditions early can influence future sentencing and plea negotiations.
Frisco Police Department
Location: 7200 Stonebrook Parkway, Frisco, TX 75034
Role: Initial arrest, investigation, and evidence collection
After arrest by Frisco PD, you’ll be processed at Frisco City Jail, then transported to Collin County Detention Facility in McKinney for booking.
Frisco Municipal Court
Address: 8450 Moore Street, Frisco, TX 75034
Phone: (972) 292-5555
Jurisdiction: Class C misdemeanor domestic violence cases only (threats without contact)
Most family violence charges exceed municipal court jurisdiction.
Collin County District Courts
Location: 2100 Bloomdale Road, McKinney, TX 75071
Jurisdiction: All Class A/B misdemeanors and felony domestic violence charges
Your case will be assigned to one of Collin County’s district courts (199th, 296th, 366th, 380th, 401st, 416th, or 471st). The Collin County District Attorney’s Office prosecutes aggressively through a specialized family violence unit.
Our attorneys appear regularly in these courtrooms and understand local prosecution strategies, judge preferences, and how Collin County juries approach domestic violence cases.
Collin County Pretrial Services
Website: collincountytx.gov/community_supervision
May allow pretrial release with conditions including check-ins, drug testing, GPS monitoring, and no-contact orders.
When to Contact Our Frisco Domestic Violence Lawyers
Immediately After Arrest
Contact our attorney before making any statements to police. Anything you say—including apologies or explanations—will be used against you in court.
Upon Receiving a Protective Order Petition
Protective orders can remove you from your home, restrict child contact, and prohibit firearm possession. You typically have 14-20 days before the hearing. Early attorney involvement improves outcomes.
When CPS Contacts You
Texas Department of Family and Protective Services investigates when domestic violence allegations involve households with children. Statements made to CPS can be used in criminal proceedings.
Before Magistrate Appearance
Your first court appearance after arrest involves a magistrate issuing an Emergency Protective Order (31-61 days). Knowing these conditions and their implications is critical.
During Divorce or Custody Proceedings
Domestic violence allegations frequently arise during custody disputes. Coordinated criminal and family law defense strategies protect your rights in both forums.
How We Defend Domestic Violence Cases
If your arrest has already led to strict supervision or probation requirements, you may be eligible to request a court-approved modification. Learn more about how to modify bond conditions in Texas or modify probation terms in Texas through formal legal motions.
Immediate Actions After Your Arrest
Post-Arrest Guidance
- Invoke right to remain silent
- Avoid statements to police, jail officials, or alleged victim
- Document any injuries you sustained
- Preserve text messages, emails, and communications
- Understand bail conditions and protective order restrictions
Securing Release
We work with Collin County Pretrial Services or post bond to secure release with reasonable conditions, allowing you to work and maintain obligations.
Investigation and Evidence Collection
What We Obtain:
- Police reports and arrest records
- 911 call recordings
- Body camera and dashcam footage
- Text messages and email communications between parties
- Medical records (yours and alleged victim’s)
- Witness statements
- Scene photographs
- Prior complaint history
Expert Witnesses When Needed:
- Forensic analysts to challenge evidence
- Medical professionals to evaluate injury claims
- Mental health experts to assess credibility
Constitutional Challenges
Fourth Amendment Violations:
- Warrantless entry into homes
- Illegal searches without probable cause
- Evidence obtained through improper means
Fifth Amendment Issues:
- Statements taken without proper Miranda warnings
- Coerced confessions
- Involuntary statements made under duress
Successful constitutional challenges result in evidence suppression, often leading to case dismissal.
Challenging Witness Credibility
We attack the alleged victim’s credibility by:
- Exposing inconsistencies between initial police statements and later testimony
- Demonstrating bias (custody disputes, financial motives, revenge)
- Revealing prior false allegations
- Presenting contradictory evidence (friendly texts after the alleged incident)
- Cross-examination highlighting improbable claims
Defense Strategies We Employ
- Self-Defense: Evidence you acted to protect yourself from imminent harm
- Mutual Combat: Both parties engaged in physical confrontation
- False Allegations: Fabricated or exaggerated claims for custody, divorce, or revenge advantage
- Lack of Evidence: Insufficient proof of assault, injury, or criminal conduct
- Accident: Contact was unintentional with no criminal intent
- Alibi: You were elsewhere when alleged incident occurred
Negotiations With Collin County Prosecutors
Our decades-long relationships with Collin County prosecutors enable favorable outcomes:
Charge Reductions
- Felony to misdemeanor
- Assault family violence to disorderly conduct (no family violence finding)
- Class A to Class C (no jail time)
Deferred Adjudication
Successful probation completion results in no final conviction. Eligible for nondisclosure sealing record from most background checks.
Pretrial Diversion
First-time offenders complete anger management, counseling, and community service. Successful completion results in dismissal and potential expunction.
Dismissals
When evidence is weak, witnesses are uncooperative, or constitutional violations occurred.
Trial Preparation in Collin County Courts
When prosecutors won’t negotiate reasonably, we take cases to trial. Our experience includes 300+ not guilty verdicts in criminal cases.
Trial Strategies:
- Presenting self-defense or mutual combat evidence
- Demonstrating lack of injury or assault evidence
- Attacking credibility of alleged victim and witnesses
- Highlighting police investigation deficiencies
- Presenting alibi witnesses and exculpatory evidence
We understand how Collin County juries evaluate domestic violence evidence and craft strategies that resonate with local jurors.
Don’t wait for prosecutors to build their case—schedule your free consultation today and get personalized legal guidance from our experienced Frisco domestic violence lawyer committed to defending your freedom.
Protective Orders in Collin County
When protective orders are filed, defendants often face immediate restrictions that disrupt family life and employment. Learning how protective order defense works can help you avoid long-term consequences.
Temporary Ex Parte Protective Order
- Issued without your presence or input
- Based solely on applicant’s petition
- Takes effect immediately
- Can remove you from home and restrict child contact
- Hearing scheduled within 14-20 days
Magistrate’s Order of Emergency Protection (MOEP)
- Automatically issued at first court appearance after arrest
- Lasts 31-61 days
- Prohibits contact with alleged victim
- No hearing required
Final Protective Order
- Issued after full evidentiary hearing
- Both parties present evidence and testimony
- Can last up to two years or longer
- Renewable upon expiration
- All contact with alleged victim (calls, texts, emails, social media)
- Entering shared residence
- Child visitation (may become supervised only)
- Possession of firearms
- Proximity to protected person (typically 200+ yards from home, work, school)
- Attendance at children’s school activities or events
- May order child support or spousal support payments
⚖️ Violating a protective order unintentionally, even by accidental contact in shared public spaces, can trigger a separate criminal offense under Texas Penal Code §25.07. Courts rarely consider intent in these violations, emphasizing strict compliance.
Defense Strategies:
- Present contradictory evidence (texts, emails showing friendly relationship)
- Demonstrate no imminent threat exists
- Prove allegations are false or exaggerated
- Show ulterior motive (custody advantage, divorce leverage)
- Cross-examine petitioner on inconsistencies
- Present witnesses supporting your version of events
Protective orders affect child custody immediately. Successfully contesting emergency orders protects your parental rights before family court proceedings begin.
Domestic Violence and Child Custody
What Triggers Investigation: Domestic violence allegations in households with children—even when children weren’t present during alleged incident.
What CPS Can Do:
- Interview children without your permission
- Conduct unannounced home visits
- Inspect living conditions
- Recommend supervised visitation or child removal
- Testify in family court about findings
We coordinate defense across criminal and CPS proceedings, ensuring statements in one forum don’t harm your position in another. We challenge CPS findings and advocate for parental rights throughout investigations.
Texas Family Code § 153.004 creates a presumption that appointing a parent with family violence history as sole or joint managing conservator is not in the child’s best interest.
Consequences:
- Loss of primary custody
- Supervised visitation only
- Restricted parenting time
- Court-ordered batterer’s intervention programs
- Prohibition from children’s schools and activities
- Difficulty modifying custody orders in future
Successfully defending criminal charges provides the best protection for parental rights.
Why Choose Richard C. McConathy
Board Certified Criminal Law Specialist
Richard C. McConathy is Board Certified in Criminal Law by the Texas Board of Legal Specialization—a distinction held by less than 1% of Texas attorneys, demonstrating exceptional knowledge and proven expertise.
Three Generations Serving North Texas
The McConathy family has defended criminal cases since 1946. Richard “Tex” McConathy was the last person in Texas allowed to take the bar exam without law school.
Richard Charles McConathy continues the legacy with modern defense strategies and deep Collin County experience.
Local Court Knowledge
We appear regularly in:
- Collin County District Courts (199th, 296th, 366th, 380th, 401st, 416th, 471st)
- Frisco Municipal Court
- McKinney area courts
This experience provides:
- Familiarity with local judges’ sentencing tendencies
- Established relationships with Collin County prosecutors
- Knowledge of what evidence resonates with local juries
- Knowledge of court-specific procedures and practices
Proven Results
- 6,000+ criminal cases handled
- 1,000+ dismissals
- 300+ not guilty verdicts
- Serving Frisco since 2002
24/7 Availability
Domestic violence arrests happen at all hours. We’re available around the clock for immediate guidance, magistrate hearings, bail proceedings, and emergency protective order matters.
Professional Recognition
- Former Treasurer, Dallas Bar Association Criminal Law Section (2004-2006)
- Texas Criminal Lawyers’ Association
- Dallas Criminal Defense Lawyers’ Association
- Collin County Bar Association
✔️ Attorneys Board Certified in Criminal Law undergo peer evaluations and must handle at least 100 contested matters. This credential assures not just expertise but also recognition by the Texas Board of Legal Specialization as a seasoned trial practitioner.
Get Immediate Legal Help - Contact Our Domestic Violence Lawyer Frisco
Call 197-230-38867 now for a free consultation.
Domestic violence charges require immediate legal intervention. Early attorney involvement dramatically improves outcomes by preserving evidence, protecting statements, and building defense strategies before the prosecution solidifies its case.
What We'll Discuss
- Details of your arrest and allegations
- Potential penalties and consequences
- Defense strategies specific to your case
- Protective order challenges
- Child custody implications
- Timeline and next steps
Available 24/7 for arrests and emergencies.
Accused of domestic violence in Frisco? Contact us at 197-230-38867 for immediate legal help from a defense team that knows Collin County courts inside and out. We’re available 24/7 to protect your rights and your future.
Frequently Asked Questions
Can I be charged if the victim doesn't want to press charges?
Yes. Texas prosecutors—not victims—decide whether to file charges. Collin County proceeds with cases using police reports, 911 recordings, witness statements, and medical records even when alleged victims recant or refuse cooperation.
What happens at my first court appearance?
The magistrate will read charges, set bail conditions, and issue an Emergency Protective Order (31-61 days) prohibiting contact with the alleged victim. This happens within 48 hours of arrest.
Will this affect my child custody case?
Yes. Domestic violence allegations—even without convictions—can affect temporary custody orders. Convictions create a legal presumption that custody with you is not in the child’s best interest, typically resulting in supervised visitation only.
Can I return to my home?
You can not if a protective order or emergency order prohibits it. Violating protective orders results in additional criminal charges. We work to modify orders, allowing returns to your residence when appropriate.
Should I talk to police after arrest?
No. Exercise your right to remain silent. Any statements—including explanations, apologies, or “your side of the story”—will be used against you. Request an attorney immediately and make no statements.
Local Frisco Resources
Frisco Police Department
7200 Stonebrook Parkway, Frisco, TX 75034
Non-Emergency: (972) 292-6010
Frisco Municipal Court
8450 Moore Street, Frisco, TX 75034
Phone: (972) 292-5555
Hours: Monday-Friday, 8:00 AM – 4:30 PM
Collin County Courts
2100 Bloomdale Road, McKinney, TX 75071
Website: collincountytx.gov/courts
Collin County District Attorney’s Office
2100 Bloomdale Road, Suite 14100, McKinney, TX 75071
Phone: (972) 548-4323
Collin County Pretrial Services
Website: collincountytx.gov/community_supervision
Texas Legal Resources
Texas Penal Code – Assault: statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm
Texas Family Code: statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm
Support Services
National Domestic Violence Hotline: 1-800-799-7233 (24/7)
Texas Advocacy Project: 1-800-374-4673 (Free legal services)
Law Offices of Richard C. McConathy
Defending Frisco Residents Since 2002