Cofer Luster Criminal Defense Lawyers | November 18, 2025 | Domestic Violence
Domestic violence charges are among the most serious under Texas law. While there is no single “best” defense that broadly applies to all of these cases, there are at least a few proven strategies that may be effective, based on the unique facts and circumstances of your situation.
An experienced criminal defense lawyer can determine which of these fits your case and how to present them appropriately as the law allows. Until then, read on to learn more about some of the possible defenses you might be able to raise in a Texas domestic violence (or family violence, as it is often referred to under state law) case.
Self-Defense
Self-defense is one of the most common and most effective defenses in domestic assault cases. Texas law allows you to use reasonable force to protect yourself if you believe you are in imminent danger of being harmed.
A self-defense strategy may apply if:
- You were trying to stop the other person from hurting you
- You used only the amount of force reasonably necessary
- You were not the initial aggressor
- Physical evidence and witness statements support your version of events
In cases where both people have injuries, self-defense could still succeed if your attorney can show that your actions were protective rather than aggressive.
Lack of Intent
To convict you of domestic assault, prosecutors must prove that you acted with a certain state of mind, typically either intentionally, recklessly, or knowingly. If the incident was truly accidental, this element may be missing.
A lack-of-intent defense might succeed if:
- The injuries resulted from an accident
- The contact was completely unintentional
- There is no history of threats and prior violence
- The accuser’s story changed and/or doesn’t align with the available evidence
Accidental injury is not a crime, and proving this can sometimes lead to a favorable outcome, such as dismissed or reduced charges.
False Allegations
Domestic violence accusations sometimes arise during divorces and other relationship conflicts, like child custody disputes. There have been cases where one partner exaggerates or fabricates events to gain leverage in circumstances like these.
Your attorney may build this defense by showing:
- Texts, emails, and other messages that contradict the accusation
- A known motive for the accuser to lie
- Witnesses who observed the incident and its aftermath
- Prior attempts to manipulate, threaten, and control the situation
If credibility issues undermine the accuser’s claim, prosecutors may not be able to prove your charges to the degree necessary.
Insufficient Evidence
Prosecutors have the burden of proving the case beyond a reasonable doubt. If the evidence against you doesn’t rise to this level, your lawyer can potentially push for an outright dismissal.
This defense may involve things like:
- Highlighting inconsistencies in police reports
- Challenging unreliable statements
- Demonstrating gaps in the physical evidence
- Pointing out improper investigations
Keep in mind that criminal matters, including those based on family violence, have the highest burden of proof standard found in the law, giving your lawyer substantial room to work with in some cases.
Constitutional Violations
If your constitutional or state rights were violated, key aspects of the prosecution’s case may be thrown out. This can weaken the state’s position to the point where it cannot proceed.
Examples include:
- An unlawful arrest
- Questioning you without reading your Miranda rights
- Illegal searches
- Coerced statements
You’re afforded important legal rights throughout the entire criminal justice process, and your defense attorney can work to ensure they are protected at all times.
Contact the Fort Worth Domestic Violence Attorneys at Cofer Luster Criminal Defense Lawyers for Help Today
Domestic violence charges in Texas can reshape your future in ways that reach far beyond the courtroom. Building the right defense ultimately requires a thorough understanding of the law and how it applies to the case at hand.
If you’re facing domestic violence allegations, Cofer Luster Criminal Defense Lawyers is here to help. Our Fort Worth domestic violence lawyers can start investigating immediately and help you work toward a successful outcome as best as they can under the law. Contact us today for a confidential consultation.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102