Charges for domestic assault can change your life forever, no matter the circumstances. Whether a heated argument escalated beyond what either of you intended or you’re dealing with a complete misunderstanding of what actually happened, facing domestic assault charges in Texas means you’re up against serious consequences that can affect your family, your job, and your entire future.
If you’re facing domestic assault charges in Texas, taking the right steps immediately can make the difference between a conviction that haunts you for life and a favorable outcome that protects your future. Here’s what you need to do:
- Remain silent and request an attorney
- Document everything
- Comply with protective orders
- Avoid contact with the alleged victim
- Preserve your reputation
- Understand the charges
- Hire an experienced Houston domestic violence attorney
Don’t let a moment of conflict define the rest of your life. Mark Thiessen and the team at Thiessen Law Firm have successfully defended countless clients against serious charges, often securing dismissals and avoiding convictions entirely. Call us today at (713) 864-9000 to schedule your consultation and start fighting for your future.
1. Remain silent and request an attorney
The moment you’re arrested or questioned about a domestic violence incident, your natural instinct might be to explain your side of the story or defend yourself. This is a mistake that could cost you dearly. Anything you say can and will be used against you in court, even statements that seem harmless or are meant to clear up misunderstandings. Police officers are trained to gather evidence for prosecution, not to help you avoid charges.
Instead, clearly state that you want to speak with an attorney before answering any questions. This isn’t an admission of guilt — it’s your constitutional right and the smartest move you can make.
Even if you’re innocent or the situation was blown completely out of proportion, only an experienced Houston assault lawyer can properly advise you on how to protect your rights while the investigation is ongoing. Remember, you can always provide information later through your attorney, but you can never take back statements made during the heat of the moment.
2. Document everything
Time is critical when building a strong defense against domestic violence charges, and preserving evidence can make or break your case. Start by writing down everything you remember about the incident while it’s still fresh in your memory — include specific details about:
- What was said
- Who was present
- The sequence of events
- Any relevant context leading up to the situation
Take photographs of any injuries you sustained, property damage, or anything else that might support your version of events.
Gather any physical evidence that could be relevant to your family violence case, including text messages, voicemails, emails, or social media posts from before, during, or after the incident. If there were witnesses present, get their contact information immediately — their testimony could be foundational to your defense.
Don’t assume that obvious evidence will be preserved by law enforcement; they’re building a case against you, not for you. Remember that domestic assault charges often emerge from hazy, chaotic situations. Memories fade and evidence disappears, so if you don’t work to preserve it, your case will likely suffer.
3. Comply with protective orders
If a protective order (also called a restraining order) has been issued against you, violating it will only make your situation worse. Even if you believe the order is unfair or based on false accusations, any violation can result in additional criminal charges and will be used as evidence against you in your original case. Texas courts take protective order violations seriously, and even seemingly minor infractions can lead to immediate arrest and jail time.
Understanding the specific terms of your protective order is important — some may prohibit all contact, while others might allow limited communication through attorneys or for specific purposes like child custody exchanges. When dealing with continuous family violence in Texas cases, prosecutors often use protective order violations to strengthen their argument that you pose an ongoing threat. The best strategy is to follow the order exactly as written while your attorney works to modify or dismiss it through proper legal channels. This demonstrates to the court that you respect the legal process and aren’t a danger to the alleged victim.
4. Avoid contact with the alleged victim
One of the biggest mistakes people make when facing domestic assault charges is attempting to contact the alleged victim to “work things out” or convince them to drop the charges. This is not only potentially illegal if a protective order is in place, but it can also backfire spectacularly. Any contact attempts — whether direct, through friends or family members, or via social media — can be portrayed as intimidation or harassment by prosecutors, even if your intentions were innocent.
Can assault charges be dropped in Texas? It’s important to understand that in Texas, the alleged victim cannot simply “drop” the charges once they’ve been filed. The decision to prosecute lies with the state, not the individual. Any contact you make with the alleged victim will likely be used against you in court and could result in additional charges, making it much harder for your attorney to negotiate a favorable outcome or fight the charges effectively.
5. Preserve your reputation
While your case is pending, everything you do and say can potentially impact the outcome. Social media posts, public outbursts, or reckless behavior can all be used as evidence against your character in court. Prosecutors love to paint defendants in domestic violence cases as dangerous or unstable, and any ammunition you give them will be used to support their narrative. Delete nothing from your social media accounts (as this could be seen as destroying evidence), but also don’t post anything new that could be misconstrued.
Your behavior during this time is also being watched by law enforcement, court officials, and potentially private investigators. Getting into bar fights, driving recklessly, or engaging in any other questionable activities can be used to argue that you have anger management issues or violent tendencies.
This is especially important if you’re facing charges for assault on a family member in Texas, where the prosecution will try to establish a pattern of aggressive behavior. Maintain a low profile, follow all court orders, and let your attorney handle communications about your case. Your reputation and character can be powerful tools in your defense, but only if you protect them.
6. Understand the charges
Texas assault laws are complex, and the specific charges you’re facing will determine both your potential penalties and your defense options. Assault charges can range from Class C misdemeanors to first-degree felonies, depending on factors like the severity of alleged injuries, whether weapons were involved, and your prior criminal history.
For example, continuous family violence charges require proof of at least two incidents within a twelve-month period, while assault to a family member in Texas can be enhanced to a felony if you have prior convictions. Your attorney needs to analyze the specific charges against you to determine how to beat a domestic violence charge in Texas in your particular case. This analysis will also help determine your eligibility for alternative sentencing options.
7. Hire an experienced Houston domestic violence attorney
The stakes in domestic violence cases are simply too high to handle alone or with an inexperienced attorney. Beyond the immediate consequences of fines and jail time, a conviction can:
- Impact child custody arrangements
- Limit employment opportunities
- Create a permanent criminal record that follows you for life
- Affect your ability to own firearms
The right attorney won’t just defend you in court — they’ll guide you through every aspect of your case, from dealing with protective orders to negotiating with prosecutors to exploring alternative sentencing options. They’ll also help you understand your long-term options, including whether your charges might be eligible for expungement or non-disclosure after your case concludes.
Learn more: Can assault charges be expunged?
Domestic assault charges — FAQs
What does domestic assault mean?
Domestic assault in Texas refers to intentionally, knowingly, or recklessly causing bodily injury to a family member, household member, or someone you’re in a dating relationship with. It can also include threatening someone with imminent bodily injury or causing physical contact that a reasonable person would find provocative or offensive. The key distinction from regular assault is the relationship between the accused and the alleged victim.
What is the punishment for domestic violence in Texas?
The punishment for domestic violence in Texas varies significantly based on the specific charges and your criminal history. A first-time assault to a family member is typically a Class A misdemeanor, punishable by up to one year in jail and fines up to $4,000, but charges can be enhanced to felonies for repeat offenders or if aggravating factors are present. Felony domestic violence convictions can result in years in prison, substantial fines, and long-term consequences like loss of gun rights and difficulty finding employment.
What is the minimum sentence for domestic violence?
There is no mandatory minimum sentence for most domestic violence charges in Texas, meaning judges have discretion in sentencing based on the circumstances of your case. However, if you’re convicted of continuous family violence (a third-degree felony), you face a minimum of two years in prison. Even for misdemeanor domestic violence charges, many judges impose jail time, probation, anger management classes, and other conditions as part of the sentence.
Your future depends on what you do next — call Thiessen Law Firm
Domestic assault charges in Texas are serious, but they don’t have to define the rest of your life. The decisions you make right now — in these critical first days and weeks — will determine whether you’re looking at a conviction that follows you forever or a favorable outcome that protects your future.
At Thiessen Law Firm, we’ve seen how devastating a domestic violence conviction can be. We’ve also seen how the right defense strategy can turn what seems like a hopeless situation into a dismissed case or reduced charges. Mark Thiessen and our team know exactly how Texas prosecutors think, what evidence they need to prove their case, and where the weaknesses in their arguments typically lie. We’ve successfully defended hundreds of clients facing domestic violence charges, and we’re ready to fight just as hard for you.
Don’t let fear, embarrassment, or uncertainty keep you from taking action. Call Thiessen Law Firm today at (713) 864-9000 and let us start fighting for your future.
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