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

Common Questions — Family Violence Attorney Michael Piri | Highland Village, TX

How does Texas law define domestic violence?

Texas defines domestic violence (referred to as “family violence” in the Penal Code) as an act by one family or household member against another intended to cause physical harm, bodily injury, assault, or sexual assault — or a threat that reasonably puts the person in fear of imminent harm. This applies to violence between spouses, former spouses, parents of the same child, foster parents and children, blood relatives, household members, and current or former dating partners. Visible injuries are not required for an act to meet the legal definition.

What’s the difference between assault and family violence in Highland Village?

A standard assault becomes a family violence offense when the alleged victim falls within one of the protected relationships listed in 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 adds collateral consequences a regular assault doesn’t carry, including firearm prohibitions, enhanced penalties on later offenses, and a record that cannot be expunged or sealed.

Can the accuser have the charges dismissed?

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

What should I expect at the magistrate hearing?

Within 48 hours of arrest, the accused appears before a magistrate who sets bond and typically issues a Magistrate’s Order for Emergency Protection (MOEP). This order typically prohibits 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 reaches out first.

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 results in a federal firearm prohibition under the Lautenberg Amendment that lasts for life. Active protective orders also prohibit firearm possession. For law enforcement officers, military service members, and concealed carry holders, the career and personal implications are immediate and severe.

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 completed deferred adjudication for family violence still counts as a conviction for purposes of future enhancement, federal firearm prohibition, and the public record. It cannot be sealed through nondisclosure. Agreeing to deferred adjudication without this knowledge is a common, regrettable mistake.

What impact does a family violence charge have on divorce and custody?

Significantly. Texas courts operate on the presumption that naming a parent with a history of family violence as a joint or sole managing conservator is not in the child’s best interest. A pending charge can influence temporary orders, supervised visitation requirements, and the final custody decree. CPS may also open a parallel investigation. The criminal case and the family case proceed independently but continually affect one another.

Can I have a family violence charge removed from my record?

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 taking a quick plea — matters so much when the long-term record is at stake.

What can I do if the accusations are untrue or overstated?

False and exaggerated allegations happen, 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 is critical — phone records and surveillance footage disappear within days or weeks if no one moves to secure them.

What’s the typical timeline for a domestic violence case in Highland Village?

Misdemeanor cases typically resolve in three to nine months; felony cases routinely take a year or longer. Cases with thorough defense investigation, contested motion practice, and trial readiness 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 work with Michael Piri on a family violence charge?

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.