Being accused of domestic violence in Fort Worth, Texas, can lead to an arrest, criminal charges, and serious consequences for your future. Cofer Luster Criminal Defense Lawyers can help. Contact us at (682) 777-3336 to schedule a confidential consultation with an experienced Fort Worth domestic violence lawyer about your case.
Domestic violence cases can involve several stages, from the initial police investigation to pretrial hearings and a possible trial. The process depends on the allegations, the evidence, and the charges filed. Our Fort Worth criminal defense lawyers can explain what to expect, review the prosecution’s case, and represent you throughout the criminal proceedings.
Why Choose Cofer Luster Criminal Defense Lawyers to Help if I’ve Been Accused of Domestic Violence in Fort Worth, TX?
Domestic violence cases can involve conflicting accounts and limited evidence. Cofer Luster Criminal Defense Lawyers represents clients facing family violence charges throughout Fort Worth and Tarrant County. Our Fort Worth criminal defense attorneys understand how prosecutors approach these cases and challenge allegations.
When you hire our team for help in Fort Worth, TX, you benefit from:
- More than 60 years of combined criminal law experience
- Former prosecutors and a former federal public defender
- A former magistrate judge and a law professor
- Attorneys Board Certified in Criminal Law by the Texas Board of Legal Specialization
- Experience trying hundreds of criminal cases
- Experience in misdemeanor, felony, and serious violent crime cases
Contact us today to speak with an experienced Fort Worth domestic violence attorney about the charges you are facing.
Police Investigation of a Domestic Violence Report
A domestic violence case often begins when someone calls 911 or reports an incident to the police. Responding officers may separate the people involved, ask questions about what happened, and look for signs of an assault.
During the investigation, officers may collect evidence such as:
- Statements from the alleged victim and witnesses
- Photographs of injuries or property damage
- Body camera footage and 911 recordings
- Text messages and other communications
- Medical records and other physical evidence
If officers establish probable cause to believe a family violence offense occurred, they may make an arrest. However, not every investigation results in an immediate arrest.
Arrest, Booking, and Initial Court Appearance
Following a domestic violence arrest, the accused person is typically taken to jail for booking. This process generally includes recording personal information, taking fingerprints, and documenting the alleged offense.
Under Texas Code of Criminal Procedure Article 15.17, an arrested person generally must be brought before a magistrate without unnecessary delay and no later than 48 hours after arrest.
During this appearance, the magistrate explains the allegations and certain legal rights. Bond may also be addressed, along with conditions of release. In family violence cases, these conditions may restrict contact with the alleged victim.
The magistrate may impose bond conditions restricting contact with the alleged victim. In qualifying cases, the magistrate may also issue an emergency protective order.
Prosecutorial Review and Filing of Domestic Violence Charges
After the investigation, prosecutors review the available evidence to determine whether to pursue criminal charges. They may consider police reports, witness statements, photographs, recordings, and the circumstances surrounding the alleged incident.
The severity of the charge depends on factors such as the alleged conduct, whether bodily injury occurred, and whether the accused has qualifying prior convictions.
For felony cases, prosecutors generally present the allegations to a grand jury, which determines whether sufficient grounds exist for an indictment. Misdemeanor cases typically proceed through a criminal complaint and information.
Arraignment and Pretrial Proceedings
At arraignment, the defendant is formally informed of the charges and may enter a plea. In some cases, formal arraignment can be waived. The case then moves through pretrial proceedings, where both sides prepare for a possible trial.
During this stage, the defense may:
- Review evidence provided by prosecutors
- Investigate witness statements and the allegations
- File motions challenging evidence or other legal issues
- Participate in pretrial hearings
- Negotiate with prosecutors about a possible resolution
Some domestic violence cases are dismissed or resolved through plea agreements before trial. The alleged victim cannot independently drop criminal charges because the prosecutor controls whether the case proceeds.
Domestic Violence Trial Proceedings
If a domestic violence case is not resolved before trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt.
A trial typically includes jury selection, opening statements, witness testimony, cross-examination, and closing arguments. The defense may challenge the prosecution’s evidence, question witness credibility, or raise self-defense when supported by the facts.
The trial ends with a verdict. An acquittal means the defendant is not convicted, while a guilty verdict leads to sentencing.
Sentencing Following a Domestic Violence Conviction
The punishment for a domestic violence conviction in Texas depends on the specific offense, its classification, and the defendant’s criminal history.
Depending on the charge, consequences may include:
- Jail or prison time
- Criminal fines and court costs
- Community supervision
- Court-ordered counseling or intervention programs
- Firearm restrictions
- A criminal record that may affect employment and other opportunities
Certain family violence convictions can also increase the penalties for future offenses. The court determines the sentence based on the applicable law and the circumstances of the case.
Appeals and Post-Conviction Proceedings
A domestic violence conviction may be challenged on appeal if legal errors occurred during the case. Appeals generally focus on issues such as improperly admitted evidence or mistakes affecting the defendant’s rights, rather than retrying the facts.
Other post-conviction remedies may be available depending on the circumstances. Because strict deadlines apply, defendants should seek legal advice promptly.
Schedule a Confidential Case Evaluation With Our Fort Worth Domestic Violence Defense Lawyers
Domestic violence allegations can put your freedom, reputation, and future at risk. Understanding your rights and responding carefully to criminal charges can make a meaningful difference as your case moves forward.
Cofer Luster Criminal Defense Lawyers represents individuals facing misdemeanor and felony family violence charges in Fort Worth and throughout Tarrant County. Contact our team today to schedule a confidential case evaluation with a Fort Worth domestic violence attorney.
