911 & Body Camera
Dispatch audio and body-camera footage can preserve statements, demeanor, injuries, scene conditions, witness accounts, and what officers knew before making an arrest.
Dallas–Fort Worth Assault Family Violence Attorney
One accusation can create
more than one legal problem.
Defense for Texas assault family violence allegations involving spouses, dating partners, relatives, household members, strangulation claims, repeat allegations, protective orders, and related custody or immigration consequences.
These cases often begin with a 911 call and a fast-moving police investigation. The defense requires separating what was reported from what the evidence actually shows—statements, injuries, video, photographs, witnesses, prior history, and the relationship alleged by the State.
RelationshipFamily, household, or dating
Prior HistoryCan enhance the charge
Breath / CirculationFelony exposure
Protective OrdersSeparate consequences
Dallas–Fort WorthServing North Texas
At a Glance
When can assault family violence become a felony in Texas?
Texas Penal Code §22.01 provides felony treatment in specified family-violence circumstances, including certain prior family-violence histories and allegations that a person intentionally, knowingly, or recklessly impeded another person's normal breathing or blood circulation by pressure to the throat or neck or by blocking the nose or mouth.
What The Defense Examines
The first police narrative is not the final record.
Family-violence cases can involve conflicting accounts, emotional witnesses, incomplete context, and evidence that develops after the arrest.
Injury Evidence
Photographs, medical records, timing, location, severity, and alternative explanations should be compared with the allegation and the statutory theory charged.
Self-Defense
The sequence of events matters. Evidence about threats, physical contact, relative position, retreat, injuries, and who initiated force can change the analysis.
Strangulation Allegations
Claims of pressure to the neck, throat, nose, or mouth can substantially increase exposure and require close review of statements, medical evidence, photographs, and expert issues.
Prior Cases
Prior family-violence convictions or qualifying history can affect charging and punishment. The exact prior judgment and statutory basis should be verified.
Witness Changes
A complaining witness may later want charges dropped, but prosecution decisions belong to the State. Earlier recorded statements and other evidence can remain important.
Criminal Case + Protective Order
The arrest can affect where you live and who you can contact before the criminal case is resolved.
Family-violence allegations can produce bond conditions, emergency protection orders, or separate civil protective-order proceedings. Those restrictions can affect communication, the home, children, firearms, and daily routines. Violating an order or bond condition can create a new legal problem even while the underlying accusation is disputed.
01What no-contact or distance restrictions were ordered?
02Does the order address the home, children, or firearms?
03Is there a separate protective-order hearing?
04How do the criminal and family-law cases interact?
What To Do Now
Four priorities after a family-violence arrest.
Read every release condition.
Know exactly what contact, location, firearm, alcohol, GPS, or other restrictions apply before communicating with anyone involved.
Preserve messages and video.
Do not delete texts, call logs, photographs, surveillance, social messages, or other records that may show context before or after the incident.
Document injuries on both sides.
Photographs and medical records can change quickly. Preserve evidence relevant to self-defense, mutual contact, or the sequence of events.
Coordinate related cases.
Custody, divorce, protective-order, firearm, employment, and immigration consequences may need to be considered alongside the criminal defense.
The Defense Process
Preserve. Reconstruct. Challenge. Coordinate.
The strongest defense considers both the criminal evidence and the collateral proceedings created by the accusation.
Secure The Record
Collect 911 audio, body camera, photographs, medical records, witness information, messages, and relevant court orders.
Reconstruct The Incident
Compare the physical evidence and timeline with each witness account and the elements of the charged offense.
Test Enhancements
Examine the alleged relationship, prior convictions, strangulation theory, injury level, and other facts used to increase the charge.
Resolve With The Full Picture
Evaluate dismissal, reduction, negotiated resolution, motions, or trial while accounting for family-law and immigration consequences.
Family Violence & Immigration
The immigration consequence can depend on the exact offense and record.
For noncitizens, domestic-violence-related convictions can create serious immigration issues. The statute of conviction, relationship finding, conduct, plea language, sentence, protective-order allegations, and immigration history can all matter. Criminal and immigration strategy should be coordinated before a plea is entered.
Frequently Asked Questions
Texas assault family violence questions.
Can the alleged victim drop the charges?
The complaining witness can communicate with prosecutors, but the State controls whether the criminal charge continues. The case may rely on 911 recordings, body camera, photographs, medical evidence, witnesses, or prior statements even if the witness later changes position.
Is family violence always a felony?
No. The classification depends on the conduct and applicable enhancement provisions. Certain prior family-violence histories and allegations involving impeding breathing or circulation can elevate an assault to felony treatment.
What is continuous violence against the family?
Texas Penal Code §25.11 creates a separate offense based on qualifying family-violence conduct occurring two or more times during a 12-month period. The statute classifies the offense as a third-degree felony.
Can a family-violence case affect custody?
Potentially. Criminal allegations, protective orders, and findings of family violence can become relevant in a separate Texas family-law case. The two proceedings should be coordinated carefully.
Can an assault family violence charge affect immigration status?
Potentially, and sometimes significantly. The immigration analysis is highly dependent on the exact statute, record, relationship, disposition, and the person's immigration history.
Confidential Consultation
Facing An Assault Or Family Violence Accusation?
Tell us what happened, whether anyone was arrested, whether a protective order or no-contact condition is involved, the next court date, and whether immigration consequences may be a concern.
Get defense counsel involved early.
Early representation can help preserve evidence, evaluate witness accounts, address bond and protective-order conditions, and prepare for the next stage of the criminal case.
Request a Consultation → Call 833-FOR-PIRIContacting the firm does not create an attorney-client relationship.