Need a Domestic Violence Defense Attorney in Burleson, TX? Contact Michael Piri

Frequently Asked Questions — Domestic Violence Lawyer Michael Piri | Burleson, TX

What constitutes domestic violence under Texas law?

Domestic violence in Texas is defined (referred to as “family violence” under the Texas Penal Code) as an act by one family or household member against another intended to cause bodily injury, physical harm, assault, or sexual assault — or a threat that reasonably puts the person in fear of imminent harm. This includes violence between current and former spouses, co-parents, foster families, blood relatives, members of the same household, and current or former romantic partners. The conduct itself doesn’t have to leave a mark to qualify.

How does family violence differ from regular assault in Burleson?

An ordinary assault charge is elevated to family violence when the alleged victim falls within one of the protected relationships defined under the Texas Family Code. The underlying charge — Class C misdemeanor up through first-degree felony — varies based on the injury and circumstances, but the family violence finding carries additional consequences a regular assault doesn’t carry, including firearm prohibitions, enhanced penalties on later offenses, and a record that cannot be expunged or sealed.

Will the case be dropped if the alleged victim doesn’t want to press charges?

No — and this catches most people off guard. Once a police report has been filed, the case is the property of the State of Texas — not the alleged victim. Prosecutors in Burleson continue prosecuting even when the alleged victim files an affidavit of non-prosecution or refuses to cooperate. They can subpoena the witness to testify, use 911 recordings, body cam footage, and statements made to officers at the scene. Counting on the case being dropped is one of the most common and costly mistakes the accused make.

What occurs during the magistrate hearing following arrest?

Within 48 hours of arrest, the accused is brought before a magistrate judge who sets bond and typically issues a Magistrate’s Order for Emergency Protection (MOEP). This order generally bars contact with the alleged victim, prohibits returning to the shared residence, and removes firearm rights — sometimes for up to 91 days. A violation of the MOEP is a separate criminal offense, even if the alleged victim invites contact.

Will I lose my right to own firearms?

Possibly, and the consequences extend beyond Texas. A conviction or even a deferred adjudication on a family violence charge triggers a federal firearms ban under the Lautenberg Amendment that lasts for life. Active protective orders also bar gun ownership. For police officers, military personnel, and licensed carriers, the career and personal implications are both immediate and serious.

Should I accept deferred adjudication?

For most offenses, deferred adjudication keeps the conviction off your record if probation is completed successfully. Family violence is the exception. Under Texas law, even a successfully finished deferred adjudication for family violence still counts as a conviction for purposes of enhancing future charges, the federal firearm ban, and your permanent record. It cannot be sealed through nondisclosure. Agreeing to deferred adjudication without this knowledge is a common, regrettable mistake.

Will a domestic violence charge affect my custody case?

Significantly. Texas courts operate on the presumption that naming a parent with a history of family violence as a joint or sole managing conservator conflicts with the child’s best interest. A pending charge can shape temporary orders, supervised visitation requirements, and the final custody decree. CPS may also open a parallel investigation. The criminal case and the family case run on separate tracks but constantly influence each other.

Is expungement possible for a family violence charge in Texas?

A dismissal or acquittal can be expunged. A conviction cannot. A deferred adjudication for family violence cannot be sealed through an order of nondisclosure, unlike most other deferred outcomes. This is why contesting the charge — rather than accepting a fast plea deal — matters so much when the long-term record is at stake.

What if the allegations are false or exaggerated?

False or exaggerated accusations do occur, particularly during contentious divorces, custody disputes, and breakups. Defending these cases requires moving fast to preserve evidence: text messages, call logs, location data, witness statements, prior inconsistent statements, and any documentation of the accuser’s motive. Time matters — phone records and surveillance footage are often deleted within days or weeks if no one moves to secure them.

How much time does a domestic violence case usually take in Burleson?

Misdemeanor cases typically resolve in three to nine months; felony cases routinely take a year or longer. Cases with strong defense investigation, contested motions, and trial preparation tend to take longer than quick pleas — but produce far better results. Rushing toward a fast resolution usually serves the prosecution, not the defendant.

Why hire Michael Piri for a domestic violence case?

Domestic violence defense is not the same as general criminal defense. The collateral consequences — gun rights, immigration status, employment, child custody, and your permanent record — require a lawyer who understands every track the case touches. Michael Piri works to protect clients against the cascading damage these charges cause, not just the courtroom outcome. Every case begins with a confidential consultation to assess the allegations, the evidence, and the realistic paths forward.