Have you been arrested for domestic violence in Texas? Contact Cofer Luster Criminal Defense Lawyers for a case evaluation at (682) 777-3336. Our Texas domestic violence attorneys can defend you throughout the entire process, including at trial if necessary. We’ll fight to secure your freedom and protect your future.
Our top-rated criminal defense law firm boasts over 60 years of combined experience, having defended hundreds of clients facing criminal accusations. We understand the stakes in these cases and know how to advocate for your rights.
Why Choose Cofer Luster to Help With My Texas Domestic Violence Case?
When your freedom and reputation are on the line, the lawyer you choose matters a lot. At Cofer Luster, we combine decades of courtroom experience with a deep understanding of how Texas prosecutors build domestic violence cases. We know the law, the process, and the people who make decisions about your future.
Here’s why Texans across the state turn to our Texas domestic violence attorneys when facing serious criminal charges:
- Proven courtroom experience: Our attorneys include former prosecutors and experienced trial lawyers who are familiar with both sides of the criminal justice system.
- Personalized defense strategies: We tailor every defense to the unique facts of your case rather than relying on one-size-fits-all approaches.
- Award-winning recognition: Our legal team members have been recognized by Expertise.com and are members of respected legal organizations, including the Federal Bar Association, the National Association of Criminal Defense Lawyers, and the Tarrant County Bar Association.
We believe every client deserves a fair trial and a strong defense. From the moment you hire us, we’ll focus on protecting you to the very best of our ability.
Contact our law office today to arrange a consultation with a Texas criminal defense lawyer.
What Is Considered Domestic Violence in Texas?
Texas law defines domestic violence, or family violence, broadly under Section 71.004 of the Texas Family Code. It involves acts intended to cause physical harm, bodily injury, assault, or threats of harm against a family or household member.
This category includes:
- A current or former spouse
- Someone you are dating or have previously dated
- A person with whom you share a child
- Household members or relatives (including in-laws and step-relations)
In some cases, mere threats can still lead to a domestic violence arrest if the police believe violence might occur. These cases often rely on statements made in the heat of the moment, and false or exaggerated claims are not uncommon.
Can I Be Arrested for Domestic Violence Without Physical Evidence in Texas?
Because Texas law prioritizes the prevention of harm, officers often make arrests based on probable cause, even without physical evidence. This means a simple argument could result in serious legal consequences.
If you’re accused, it’s crucial to understand your rights and consult a criminal defense lawyer immediately. A strong legal strategy can help protect your reputation, freedom, and future during a difficult and complex process.
Types of Domestic Violence Charges in Texas
Domestic violence charges can take several forms under Texas law, ranging from misdemeanors to serious felonies. These charges can also vary substantially depending on the circumstances, including whether there is a domestic violence enhancement present.
Domestic Assault
This offense occurs when someone intentionally, knowingly, or recklessly causes bodily injury, threatens imminent harm, or makes offensive physical contact with a family or household member.
Aggravated Domestic Assault
This charge applies if the alleged assault caused serious bodily injury or involved the use or exhibition of a deadly weapon. Aggravated domestic assault is a second-degree felony with penalties of up to 20 years in prison, but it can potentially become a first-degree felony if both serious injury and a weapon are involved.
Continuous Violence Against the Family
If prosecutors allege that you committed two or more domestic assaults within 12 months, you could face a third-degree felony even if the alleged victims were different family members.
Violation of a Protective Order
If a protective or restraining order has been issued against you, any violation can result in additional charges and harsher penalties.
Texas takes domestic violence allegations seriously, and prosecutors rarely drop these cases without significant evidence or an aggressive legal defense as a result of this strict legal framework.
What Are the Penalties for a Domestic Violence Conviction in Texas?
The consequences of a domestic violence conviction extend far beyond jail time or fines. They can affect nearly every part of your life. Depending on the severity of the charge, penalties may include:
- Jail or prison time (ranging from a few days to decades)
- Fines of up to $10,000
- Mandatory completion of a batterer’s intervention or anger management program
- Community supervision or probation
Our domestic violence attorneys in Texas can work to minimize these outcomes by challenging the prosecution’s evidence, negotiating for reduced charges, and fighting for dismissal whenever possible.
Collateral Consequences of a Domestic Violence Conviction
A domestic violence conviction can follow you for the rest of your life, long after you’ve served all the penalties imposed by the court. These long-term effects are known as collateral consequences and can impact nearly every aspect of your future.
A conviction may, for instance:
- Prevent you from owning or purchasing firearms under federal and state law
- Disqualify you from certain professional licenses or government positions
- Make it difficult to secure housing or employment, since background checks will show the offense
- Impact child custody, visitation, or divorce proceedings
- Create travel or immigration problems for non-citizens
Note further that Texas does not offer automatic expunction for most family violence convictions. This means that the only true way to protect your record may be to avoid a conviction entirely.
Protective Orders in Texas Domestic Violence Cases
Protective orders are common in domestic violence cases, and they can carry profound implications even before a case goes to trial. If a protective order is filed against you, it can restrict your movements, prevent you from contacting the alleged victim, and even force you to move out of your home.
There are three main types of protective orders in Texas:
- Temporary Ex Parte Protective Orders: These can be granted without your presence in court and usually last up to 20 days.
- Final Protective Orders: Issued after a full hearing, they can last up to two years and include strict restrictions on contact and firearm possession.
- Magistrate’s Emergency Protective Orders: Often issued automatically after an arrest for domestic violence, these typically last 31 to 91 days.
Violating any type of protective order is a serious criminal offense that can result in additional charges and imprisonment. If you’ve been served with one, you should contact a criminal defense lawyer immediately.
What Defenses Are Available Against Domestic Violence Charges?
Every domestic violence defense case is different in terms of its facts and circumstances, but you and your attorney may utilize several defenses.
Common strategies include:
- Self-defense or defense of others: You had the right to protect yourself or someone else from harm.
- False accusations: The alleged victim fabricated or exaggerated the incident, often out of anger or revenge.
- Lack of intent: The contact was accidental or misinterpreted.
- Insufficient evidence: The prosecution’s case relies on unreliable witnesses or inconsistent statements.
- Violation of your rights: The police may have conducted an unlawful arrest or search, rendering key evidence inadmissible.
Our lawyers will review the details of your arrest and other evidence to determine which defenses are most likely to succeed. In some cases, we may look into the possibility of having your charges reduced to a lesser offense or pursue a pretrial diversion to keep your record clean.
How Can a Texas Domestic Violence Lawyer Help With My Case?
A qualified defense lawyer can guide you through every part of your case and protect your rights from the moment of your arrest. Your attorney can, for instance:
- Review the evidence and identify weaknesses in the prosecution’s case
- Interview witnesses and gather statements that support your defense
- File motions to suppress illegally obtained evidence
- Negotiate with prosecutors to reduce or dismiss charges
- Represent you in all hearings and at trial
- Advise you on how to comply with court orders and avoid new charges
- Handle all communication with law enforcement and the court
Ultimately, having experienced legal representation on your side provides you with a strong advocate who understands the system and knows how to effectively fight for your freedom and reputation.
Contact Our Texas Domestic Violence Attorneys to Schedule a Consultation
If you’re facing domestic violence charges in Texas, your freedom and your future may be at stake. You don’t have to face this situation alone. The experienced legal team at Cofer Luster will stand by your side every step of the way.
With decades of experience and hundreds of clients defended, we know how to handle even the toughest cases. We’ll fight to protect your rights and pursue every possible path to keep a conviction off your record as the law allows.
Contact our Texas domestic violence lawyers to get started with an initial consultation. We’re ready to fight for you beginning today.
