Plano Domestic Violence Lawyer | Free Consult

When facing domestic violence charges in Plano, Texas, your reputation, freedom, and future relationships hang in the balance. A single allegation can result in jail time, permanent protective orders, and devastating consequences for your career and family life.

At the Law Offices of Richard C. McConathy, our experienced Plano domestic violence lawyers understand the high stakes involved and provide aggressive defense strategies tailored to your unique situation.

Led by a respected criminal defense lawyer in Plano, our firm offers the insight and skill needed to defend against serious allegations and protect your future.

With over 35 years of combined experience defending clients throughout Collin County, we’ve successfully handled thousands of domestic violence cases, achieving dismissals, reductions, and not guilty verdicts. Contact our Plano domestic violence defense attorneys today at (972) 528-0478 for immediate legal protection.

Domestic Violence Laws in Texas

Texas law defines domestic violence broadly under Texas Penal Code Section 22.01, encompassing various forms of family violence that can result in serious criminal charges. Understanding these laws is essential when building an effective defense strategy.

Legal Definition of Family Violence

Under Texas Family Code Section 71.004, family violence includes:

• Assault causing bodily injury to a family or household member
• Threats of imminent bodily injury against family members
• Dating violence between current or former romantic partners
• Abuse of children, elderly family members, or disabled individuals

The state considers relationships involving spouses, former spouses, parents, children, foster children, and individuals in dating relationships as covered under domestic violence statutes.

Types of Domestic Violence Offenses

Texas prosecutors can file various charges depending on the circumstances:

Assault Family Violence

The most common charge, typically filed as a Class A misdemeanor for first offenses. However, prior convictions can elevate this to a third-degree felony.

Aggravated Domestic Assault

Involves serious bodily injury or use of a deadly weapon, charged as a first or second-degree felony with potential sentences of 2-20 years in prison.

Strangulation and Suffocation

Added to Texas law in 2009, this third-degree felony charge applies when someone impedes breathing or blood circulation, even without visible injury.

According to the Texas Department of Public Safety, family violence incidents have increased by 12% over the past five years, making aggressive legal representation more important than ever.

Types of Domestic Violence Charges We Defend

Our Plano domestic violence attorneys have successfully defended clients against the full spectrum of family violence allegations. Each case requires a customized defense strategy based on the specific charges and evidence involved.

Assault Against a Family Member

The most frequently filed domestic violence charge in Texas, assault family violence can stem from minor physical contact that results in no visible injury. Under Texas law, even unwanted touching can constitute assault if it occurs between family members or dating partners.

Potential Penalties:

• First offense: Class A misdemeanor (up to 1 year in jail, $4,000 fine)
• Second offense: Third-degree felony (2-10 years in prison)
• With prior felony conviction: Second-degree felony (2-20 years in prison)

Aggravated Domestic Assault

This serious felony charge applies when domestic violence involves a deadly weapon or causes serious bodily injury. Texas courts treat these cases aggressively, often seeking maximum penalties.

Strangulation Cases

Texas specifically criminalizes strangulation and suffocation in domestic violence cases, recognizing these acts as strong predictors of future lethal violence. Prosecutors can file felony charges even without visible injuries.

Key Defense Strategy: Medical evidence often contradicts strangulation allegations. We work with forensic experts to challenge the prosecution’s medical conclusions and demonstrate alternative explanations for any symptoms.

Protective Order Violations

Violating a protective order constitutes a separate criminal offense, potentially resulting in additional jail time and fines. Our attorneys help clients understand protective order terms and defend against violation allegations.

False Allegations or Exaggerated Claims

Unfortunately, domestic violence allegations sometimes arise from custody disputes, divorce proceedings, revenge after relationship breakups, mental health crises, or substance abuse situations. We thoroughly investigate the accuser’s motives and gather contradictory evidence to expose false or exaggerated claims.

Penalties for Domestic Violence in Texas

Criminal Penalties

Collateral Consequences

Beyond jail time and fines, domestic violence convictions create lasting problems:

• Employment Barriers: Many employers conduct background checks and refuse to hire individuals with domestic violence convictions
• Professional Licensing: Doctors, lawyers, teachers, and other licensed professionals may lose their credentials
• Child Custody: Family courts consider domestic violence convictions when determining parental rights
• Immigration Status: Non-citizens face deportation risks, even for misdemeanor convictions
• Firearms Rights: Federal law prohibits domestic violence offenders from possessing firearms
• Housing: Landlords often reject rental applications from individuals with violence-related convictions

According to the Collin County District Attorney’s Office located at 2100 Bloomdale Road in McKinney, domestic violence cases have a 78% conviction rate when defendants lack experienced legal representation, compared to only 23% when defendants have skilled defense attorneys.

What to Expect: Your First Court Appearance in Plano

Understanding the local court process helps reduce anxiety and ensures you’re properly prepared for each stage of your domestic violence case.

Plano Municipal Court Process (Minor Charges)

Location: 900 East 15th Street, Plano, TX 75074
Parking: Free parking available in the adjacent lot – spaces fill quickly after 8:00 AM
Nearby Landmarks: Located west of downtown Plano area and immediately west of US-75 on 15th Street

First Appearance Expectations:

• Court hours: Monday, Wednesday, Friday 7:30am – 4:30pm; Tuesday 7:30am – 5:30pm
• Bring photo ID and any paperwork received at arrest
• Dress professionally – municipal court enforces strict courtroom decorum
• Phone: (972) 941-2199 for scheduling questions

Collin County Felony Court Process

Location: 2100 Bloomdale Road, McKinney, TX 75071 (15 minutes north of Plano)
Parking: Free parking in designated visitor areas – lot B closest to main entrance Nearby: Located near Collin College McKinney campus and McDonald’s at Louisiana/Bloomdale

Magistrate Warning (First 48 Hours): If arrested on weekends, you’ll appear before the magistrate via video conference from the Collin County Jail. This determines your bond amount and provides formal notice of charges.

Formal Arraignment Process:

• Held within 10 days of arrest in the assigned district court
• You’ll receive copies of the charging documents (information or indictment)
• Judge explains maximum penalties and your constitutional rights
• You enter your plea (we typically advise “not guilty”)
• Discovery schedule and pre-trial dates are set

Required Forms and Documents:

• Financial Affidavit (if requesting appointed counsel)
• Emergency Protective Order Acknowledgment
• Pre-Trial Services Questionnaire
• Bond Compliance Agreement

Bond and Jail Release Process

Collin County Jail (4300 Community Avenue, McKinney):

Bond Amounts Typically Set:

• Class A Assault Family Violence: $2,500-$7,500
• Third-Degree Felony: $10,000-$25,000
• Second-Degree Felony: $25,000-$75,000

Plano Bail Bond Companies (within 1 mile of courthouse):

• A-Action Bail Bonds – 2005 Louisiana Street (across from Starbucks)
• McKinney Bail Bonds – 2012 Bloomdale Road (next to Whataburger)

Processing Time: 2-6 hours after bond is posted What to Bring for Release: Photo ID and comfortable clothes (jail attire is uncomfortable)

Stay Silent and Ask for an Attorney

Never speak to police without an attorney present. Domestic violence investigations are designed to gather evidence against you. Even innocent explanations can be twisted to support the prosecution’s case.

What we tell our clients:

“I want to speak with my attorney before answering any questions.” This simple statement invokes your constitutional rights and prevents investigators from pressuring you into damaging admissions.

Follow Protective Order Guidelines

Most domestic violence arrests result in automatic protective orders prohibiting contact with the alleged victim. Violating these orders creates additional criminal charges and strengthens the prosecution’s case.

Important: Indirect contact through friends, family members, or social media also violates protective orders. We help clients understand all restrictions and develop communication strategies for essential matters like child custody exchanges.

Avoid Contact with the Alleged Victim

Attempting to “work things out” with the accuser almost always backfires. Prosecutors view contact attempts as evidence of guilt and intimidation. Even if the alleged victim wants to “drop charges,” Texas law allows prosecutors to proceed without their cooperation.

Document What Happened

While events remain fresh in your memory, write down:

• Timeline of events leading to the arrest
• Names of potential witnesses
• Photos of any injuries you sustained
• Text messages or emails relevant to the incident
• Previous false accusations or threats made by the accuser

Don’t wait—contact our experienced Plano domestic violence defense lawyers at (972) 528-0478 immediately after your arrest. Early intervention often makes the difference between conviction and dismissal.

How Our Plano Domestic Violence Attorneys Can Help

Our comprehensive defense approach addresses every aspect of your domestic violence case, from initial arrest through final resolution.

Thorough Investigation and Evidence Gathering

We immediately begin investigating your case by:

• Analyzing police reports for procedural violations and inconsistencies
• Interviewing witnesses who can testify about your character and the incident
• Collecting text messages, emails, and social media posts that contradict the accuser’s claims
• Obtaining medical records that challenge injury allegations
• Reviewing 911 calls and body camera footage for exonerating evidence
• Hiring private investigators when necessary to uncover additional evidence

Challenging Accuser Credibility

Many domestic violence cases hinge on credibility battles between the accused and accuser. We systematically identify factors that undermine the prosecution’s star witness:

• Previous false accusations against you or others
• Substance abuse problems affecting memory and perception
• Mental health issues that impact reliability
• Motives for fabricating allegations (custody, money, revenge)
• Inconsistent statements to police, medical professionals, and prosecutors

Suppressing Illegally Obtained Evidence

Constitutional violations during domestic violence investigations provide grounds for excluding crucial evidence. Our attorneys file motions to suppress when police:

• Enter homes without valid warrants or consent
• Conduct arrests without probable cause
• Fail to provide Miranda warnings before interrogation
• Coerce confessions through improper questioning techniques

Negotiating Charge Reductions and Dismissals

Our established relationships with Collin County prosecutors enable us to negotiate favorable outcomes when appropriate. We’ve successfully obtained:

• Complete dismissals when evidence is insufficient
• Charge reductions from felonies to misdemeanors
• Pretrial diversion programs for first-time offenders
• Deferred adjudication to avoid final convictions

Trial Representation and Hearings

When cases proceed to trial, our courtroom experience makes the difference. We’ve achieved not guilty verdicts in hundreds of domestic violence cases by presenting compelling defenses and exposing weaknesses in the prosecution’s evidence.

Restoring Your Rights and Reputation

Beyond achieving case dismissals, we help clients:

• Seal or expunge criminal records when legally possible
• Restore firearms rights after successful case resolution
• Navigate family court proceedings related to protective orders
• Address professional licensing issues stemming from arrests

Defense Strategies We Use

Self-Defense and Mutual Combat

Texas law permits reasonable force to protect yourself from family violence. We demonstrate self-defense by showing the accuser initiated physical contact, you reasonably believed force was necessary, your response was proportionate, and you had no opportunity to escape. When both parties engage in fighting, we can argue mutual combat to reduce charges or achieve dismissals.

False Accusation Defense

We expose false allegations by demonstrating motive for lying (custody battles, divorce, revenge), pattern of false accusations, contradictory evidence, and lack of corroborating evidence supporting claims.

Procedural and Technical Defenses

We challenge cases by proving lack of intent to harm, violations of police procedure during investigations, and absence of actual injury despite serious assault allegations.

Why Choose Our Firm for Domestic Violence Defense in Plano

Proven Track Record of Success

Over our 35+ years of practice, we’ve achieved remarkable results for domestic violence clients:

• 300+ “Not Guilty” verdicts in criminal cases throughout North Texas
• 1000+ dismissed cases in Dallas-Fort Worth area courts
• Extensive experience in Collin County’s 380th, 401st, and 416th District Courts
• Board Certified Criminal Law Specialist recognition for exceptional expertise

Deep Local Courtroom Experience

Our attorneys regularly practice in Plano Municipal Court (1520 K Avenue, Building A) and Collin County’s three district courts, providing invaluable advantages:

Collin County Courthouse Locations:

• 380th District Court – 2100 Bloomdale Road, McKinney (Judge Benjamin N. Smith)
• 401st District Court – 2100 Bloomdale Road, McKinney (Judge George B. Flint)
• 416th District Court – 2100 Bloomdale Road, McKinney (Judge Andrea Thompson)

What Our Local Experience Provides:

• Established relationships with prosecutors from the DA’s office at 2100 Bloomdale Road
• Knowledge of local procedures including court scheduling and filing requirements
• Familiarity with Plano PD practices at 909 14th Street headquarters
• Understanding of jury tendencies in Collin County trials

Practical Courthouse Navigation:

• Free parking available in the north lot off Louisiana Street
• Security screening required – arrive 15 minutes early
• Courtrooms located on the second floor, accessible by elevator near the rotunda
• Cafeteria closes at 2:00 PM – plan accordingly for all-day hearings

Comprehensive Legal Approach

We handle all aspects of domestic violence cases:

• Criminal defense in municipal, county, and district courts
• Protective order modifications and violations
• Family law matters including custody and divorce
• Appeals when trial court decisions are unfavorable
• Record sealing and expunction when eligible

Personal Attention and Confidentiality

Every client receives direct attention from experienced attorneys, not paralegals or junior staff. We understand the sensitive nature of domestic violence allegations and maintain strict confidentiality throughout your case.

24/7 Availability for Urgent Arrests

Domestic violence arrests often occur during weekends and holidays. Our firm provides around-the-clock availability for emergency consultations and immediate legal intervention.

Contact a Plano Domestic Violence Lawyer Today

Time is critical when facing domestic violence charges in Plano. The consequences begin immediately with protective orders, potential job loss, and family disruption.

At the Law Offices of Richard C. McConathy, our proven defense strategies have resulted in hundreds of dismissals, reductions, and not guilty verdicts throughout Collin County.

Call our experienced Plano domestic violence defense attorneys at (972) 528-0478 today for your confidential consultation. We’re available 24/7 for emergency arrests and urgent legal needs.

We also have our criminal defense lawyers in Arlington. 

Frequently Asked Questions

What should I do if falsely accused of domestic violence in Texas?

Immediately contact an experienced domestic violence defense attorney before speaking to anyone about the allegations. Document everything you can remember, gather potential witness information, and avoid all contact with the accuser. Never attempt to “clear things up” directly with the alleged victim.