San Antonio Domestic Violence Lawyers

Defending Against Domestic Violence Crimes in Texas

Family violence is a serious issue in Texas courts. If you have been accused of domestic violence against a spouse or other household member, you need a capable criminal defense lawyer on your side as soon as possible. You could be facing several penalties if convicted, which can severely limit your future opportunities.

At LaHood Norton Law Group, PLLC, our accomplished legal team consists of former prosecutors as well as two lawyers who are Board Certified in Criminal Law by the Texas Board of Legal Specialization. We stand ready to take action on your behalf. Our firm exclusively practices criminal defense and, with our combined experience of nearly 100 years, we offer diligence, dedication, and deep knowledge of how to build strong defenses.

What is Domestic Violence in Texas?

Domestic violence in Texas includes various types of assault against family or household members, dating partners, or former dating partners. To be convicted of domestic violence, the prosecution must prove certain factors beyond a reasonable doubt.

The prosecution will have to show that you:

Caused bodily injury intentionally, knowingly, or recklessly
Threatened to cause such injury knowingly or intentionally
Caused some kind of physical contact knowingly or intentionally that provoked or offended your alleged victim

Family violence crimes in Texas are categorized into domestic assault, aggravated domestic assault, and continuous domestic assault. How you are charged will depend on the nature of the assault, whether bodily injury occurred, whether a weapon was used, your prior criminal history, and whether choking or strangulation was involved. Charges can range from a Class C misdemeanor up to a first-degree felony.

Examples of Domestic Violence

Domestic violence covers a wide range of actions under Texas law. It’s not limited to physical assaults; many forms of behavior can lead to charges if they occur between partners or family members. Here are some common examples:

Physical violence: Hitting, slapping, punching, kicking, pushing, or grabbing during a confrontation.
Threats of harm: Verbal threats that make the other person fear immediate injury, even if no physical contact occurs.
Property destruction: Breaking furniture, throwing objects, or damaging items to intimidate or scare a partner or family member.
Verbal abuse or harassment: Ongoing insults, shouting, or name-calling meant to control or emotionally harm the other person.
Stalking or monitoring: Following someone, tracking their location, or invading their privacy through constant texts, calls, or surveillance.
Isolation tactics: Controlling who the person can see, where they can go, or restricting access to money or transportation.
Sexual coercion or force: Pressuring or forcing someone into sexual activity, even within a relationship.

All of these behaviors can fall under the umbrella of domestic violence, depending on the context and relationship between the people involved.

What is the Difference Between Domestic Assault and Aggravated Domestic Assault?

The difference between domestic assault and aggravated domestic assault comes down to how severe the alleged conduct was. Domestic assault covers situations where there’s minor bodily injury, threats, or offensive contact. Aggravated domestic assault, on the other hand, involves more serious circumstances, like the use of a deadly weapon or causing serious bodily injury. For example, if someone is accused of hitting a partner with an object and causing significant injury, that could result in a felony charge. Prior convictions can also elevate a standard domestic assault to a higher-level offense, even without additional violence.

Can You Be Charged Without Physical Evidence?

In family violence cases, a person can be arrested and charged based solely on the accuser’s statement, even if there are no visible injuries, police reports, or physical proof. Under Texas law, testimony from a family member or romantic partner may be enough to support charges like assault, family violence, sexual assault, or terroristic threats. This is especially true in heated situations involving domestic and family violence, where officers often err on the side of caution after an emergency call.

In many cases, the person accused is removed from the home immediately and subject to a protective order or other penalties before any real investigation begins. These accusations can also trigger long-term consequences, including restrictions on child custody, forced anger management classes, or loss of access to one’s children.

Without physical evidence, it becomes a matter of one person’s word against another’s, a dangerous position in any domestic violence case.

What Happens After a Protective Order Is Filed Against You?

Once a protective order is filed in a domestic violence case, things move fast, and not in your favor. The court can issue a temporary ex parte order without your presence or input, often based solely on the accuser’s written statement. This order may require you to leave your home, avoid contact with your children, and surrender any firearms. You may be prohibited from communicating with the alleged victim through any form, even if they attempt to reach out first.

This is true in cases involving dating violence, emotional abuse, or accusations of sexual abuse, where the courts err on the side of immediate restriction. In Bexar County and throughout San Antonio, TX, violating even one term of that order can result in criminal charges, sometimes a third-degree felony if prior violations exist.

Once served, you’ll be notified of a hearing date where a judge will decide whether to issue a longer-lasting or permanent protective order. This hearing is often your first chance to push back with evidence, testimony, or legal arguments. But by that point, you’ve already been labeled. In the eyes of neighbors, employers, and sometimes even assistant district lawyers, you’re already the problem.

Until that hearing takes place, your life may be upended, and family separation, housing instability, and career disruption are common. And in family violence cases involving continuous violence or allegations of aggravated assault, the stakes are higher. Your every move is scrutinized, and one misstep can lead to further escalation within the criminal justice system.

Can You Own a Gun After Being Charged With Domestic Violence?

If you’re charged with domestic violence in Texas, your right to own a firearm can be restricted even before you’re convicted. Courts often issue protective orders after an arrest, and those orders typically include a condition that prohibits the possession or purchase of firearms. This restriction applies for the duration of the order, even if it’s temporary.

If you’re later convicted, the consequences become more severe. Under federal law, a misdemeanor domestic violence conviction results in a lifetime ban on firearm ownership. Texas law also prohibits firearm possession for five years after completing a sentence for a domestic violence offense.

These restrictions apply whether the alleged victim is a spouse, partner, or another household or family member. Even if your charges are dropped later, having a protective order on record can still impact your rights. Regaining access to firearms usually requires separate legal steps after the case ends.

What Should You Do If You’re Falsely Accused of Domestic Violence?

False accusations of domestic violence are devastating. In the moment, it’s easy to panic or say the wrong thing, especially when the situation feels completely out of your control. However, what you do immediately after the allegation can have a major impact on your case.

First, avoid contact with the accuser entirely, no matter how tempting it may be to “clear things up.” Even a single message can be misinterpreted or used against you. Next, gather and preserve any potential evidence: text messages, call logs, voicemails, emails, and any security footage or witness statements that may support your side of the story.

Document everything. Write down what happened in as much detail as possible while it’s still fresh. If the accusation led to your arrest or a protective order, comply with all court instructions to avoid new charges.

Once you’ve taken those steps, it’s time to focus on building your defense.

Seek Legal Assistance from a Proven Defense Team

Our San Antonio domestic violence lawyers have earned a reputation in the community for their extensive knowledge and professionalism. Do not take chances with your future – the decision you make concerning your legal representation is critical and can make a difference in the outcome of your case.

Call 210-750-4490 to schedule a free consultation with a LaHood Norton Law Group, PLLC, criminal defense lawyer.