Dallas Domestic Violence Lawyer
If you’re facing domestic violence charges in Dallas, you need an experienced defense attorney who can protect your rights and fight for the best possible outcome. A conviction for family violence in Texas carries serious penalties, including jail time, fines, loss of gun rights, and a permanent criminal record that can affect your job, housing, and custody arrangements. At Varghese Summersett, our Dallas domestic assault lawyers have helped hundreds of clients beat family violence charges through dismissals, reduced charges, and jury acquittals.
Call 214-903-4300 for a free consultation with aourDallas domestic assault lawyer.
Domestic violence cases in Dallas often start the same way. Police respond to a 911 call about a disturbance. Maybe a couple was arguing. Maybe siblings got into a fight. Maybe a parent and adult child had a heated confrontation. Regardless of what actually happened, someone usually ends up in handcuffs.
The good news? Many domestic assault cases can be won. Evidence is often limited to one person’s word against another’s. Witnesses may recant. Physical evidence may not support the allegations. An experienced Dallas domestic assault lawyer knows how to expose weaknesses in the prosecution’s case and fight for a favorable result.
Watch this video from Board Certified Criminal Defense Attorney Benson Varghese explaining how to beat a family violence charge in Texas:
What Are the Different Types of Domestic Violence Charges in Dallas?
Texas law recognizes several domestic violence offenses, each with different elements and punishments. The four main charges prosecutors file in Dallas County are Assault Bodily Injury against a Family Member (ABI-FM), Aggravated Domestic Assault, Continuous Family Violence, and Assault by Strangulation. Understanding which charge you face is the first step in building your defense.
Who Qualifies as a Family or Household Member Under Texas Law?
Texas defines “family or household member” broadly for domestic violence cases. Under Texas Family Code § 71.001-71.0021, this includes current and former spouses, parents of the same child (even if never married or living together), foster parents and children, current and former roommates, blood relatives, relatives by marriage or adoption, and current or former dating partners. The law covers anyone who lives or has lived in the same household, which means roommates and even former roommates can be considered household members.
What Is Assault Bodily Injury Against a Family Member (ABI-FM)?
Assault Bodily Injury against a Family Member is the most common domestic violence charge in Dallas. Under Texas Penal Code § 22.01, a person commits this offense by intentionally, knowingly, or recklessly causing bodily injury to a family or household member. “Bodily injury” means physical pain. There is no requirement that the alleged victim have visible injuries like bruises, cuts, or swelling. If the complainant claims they felt pain from being pushed, grabbed, or struck, that alone can support a charge.
A first-offense ABI-FM is a Class A misdemeanor punishable by up to one year in jail and a fine up to $4,000. However, if you have any prior conviction for assault against a family member (no matter how long ago), the charge becomes a third-degree felony with a punishment range of 2 to 10 years in prison.
What Is Aggravated Domestic Assault in Texas?
Aggravated Domestic Assault is a felony charge that applies when the alleged assault caused serious bodily injury or involved a deadly weapon. Under Texas Penal Code § 22.02, serious bodily injury means an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a body part or organ. This includes broken bones, head injuries requiring hospitalization, injuries needing surgery, and wounds causing scarring.
The deadly weapon element does not require that anyone was actually injured. Threatening a family member with a gun, knife, bat, or any object capable of causing death or serious injury can result in an aggravated assault charge. Aggravated Domestic Assault is typically a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. If the defendant used a deadly weapon and caused serious bodily injury, it becomes a first-degree felony with 5 to 99 years in prison.
What Is Continuous Family Violence in Texas?
Continuous Family Violence is a felony charge designed to address patterns of abuse. Under Texas Penal Code § 25.11, a person commits this offense by committing two or more assaults against a family or household member within a 12-month period. Prosecutors do not need prior convictions to file this charge. They only need evidence that two separate assaults occurred.
This charge allows prosecutors to combine multiple incidents into a single felony, even if neither incident alone would have been a felony. Continuous Family Violence is a third-degree felony punishable by 2 to 10 years in prison and fines up to $10,000.
What Is Assault by Strangulation of a Family Member?
Assault by Strangulation is one of the most serious domestic violence charges in Texas. Under Texas Penal Code § 22.01(b)(2)(B), a person commits this offense by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, or by blocking the nose or mouth of a family or household member.
Unlike standard assault charges, strangulation does not require proof of visible injury or even that the victim lost consciousness. The act of applying pressure itself is enough. A first offense is a third-degree felony punishable by 2 to 10 years in prison. A second offense becomes a second-degree felony with 2 to 20 years in prison.
What Are the Collateral Consequences of a Family Violence Conviction?
A domestic violence conviction in Texas triggers consequences beyond jail time and fines. These collateral consequences can affect your rights, career, and family for years or even permanently.
Loss of Gun Rights: Under both federal and Texas law, a conviction or deferred adjudication for any family violence offense permanently prohibits you from owning, possessing, or purchasing firearms. This applies even to misdemeanor convictions.
Enhanced Future Charges: Any subsequent arrest for assault against a family member will be charged as a felony, regardless of how minor the alleged conduct or how many years have passed since your first case.
Professional License Issues: Many licensing boards in Texas, including those for healthcare workers, teachers, attorneys, and real estate agents, can revoke or deny licenses based on family violence convictions or even arrests.
Immigration Consequences: Domestic violence offenses are considered crimes of moral turpitude and crimes involving domestic violence under federal immigration law. A conviction can result in deportation, denial of naturalization, or inadmissibility for non-citizens.
Child Custody Impact: Texas family courts consider family violence when making custody and visitation decisions. A conviction can limit your access to your children or require supervised visitation.
Can the Alleged Victim Drop Domestic Violence Charges in Dallas?
No. Only the Dallas County District Attorney’s Office can dismiss domestic violence charges. The alleged victim does not control whether the case moves forward. Many people mistakenly believe that if the complainant wants to drop the charges, the case will go away. That is not how it works in Texas.
The alleged victim can sign an Affidavit of Non-Prosecution, which is a sworn statement explaining what happened and why they do not want the defendant prosecuted. However, Dallas prosecutors are often skeptical of these affidavits. They may believe the complainant is being pressured or manipulated. In many cases, prosecutors proceed with charges even when the alleged victim does not want to cooperate.
An experienced Dallas domestic assault lawyer can work with the alleged victim and present the affidavit in a way that prosecutors take seriously. This is one of many strategies that can lead to a dismissal.
Does Dallas Have Diversion Programs for Domestic Violence Cases?
Yes. Dallas County offers the Intercepted Diversion Program for certain misdemeanor domestic assault cases. Defendants who successfully complete this nine-month program have their charges dismissed without a conviction.
The program is selective. Candidates must be under 25 years old, have no prior assault or violent offenses, and demonstrate genuine commitment to change. The program includes counseling, accountability sessions, and close supervision. If you believe you qualify, talk to your attorney about applying during the early stages of your case.
How Can a Dallas Domestic Assault Lawyer Beat Your Case?
Domestic violence cases are defensible. The prosecution must prove every element beyond a reasonable doubt, and that burden is difficult to meet when evidence is limited. Our Dallas domestic assault lawyers use several strategies depending on the facts of your case.
Challenging the Evidence: Many domestic violence cases rely entirely on the complainant’s statement. There may be no witnesses, no photographs, no medical records, and no physical evidence. We examine every piece of evidence for inconsistencies, contradictions, and gaps that create reasonable doubt.
Self-Defense: Texas law allows you to use reasonable force to protect yourself from another person’s use or attempted use of unlawful force. If you were defending yourself during the incident, you may have a complete defense to the charges.
Lack of Intent: Assault requires intentional, knowing, or reckless conduct. Accidents are not crimes. If the alleged injury resulted from an accident rather than intentional conduct, you may not be guilty of assault.
False Allegations: Unfortunately, domestic violence accusations are sometimes fabricated or exaggerated. Custody disputes, divorce proceedings, and personal conflicts can motivate false reports. We investigate the complainant’s credibility, motive, and prior statements.
Insufficient Evidence of Injury: The prosecution must prove bodily injury, meaning physical pain. If the complainant’s account is not credible or is contradicted by other evidence, we can challenge whether any injury actually occurred.
Constitutional Violations: If police violated your rights during the investigation or arrest, we can move to suppress illegally obtained evidence. This can weaken the prosecution’s case or result in dismissal.
Why Choose Varghese Summersett for Your Dallas Domestic Assault Case?
Varghese Summersett is one of the largest criminal defense firms in Texas, with more than 70 team members and offices in Dallas, Fort Worth, Houston, and Southlake. Our attorneys include former prosecutors who understand how the other side builds cases. We have multiple Board Certified specialists in criminal law, a designation held by less than 2% of Texas attorneys.
We have defended hundreds of clients against domestic violence charges in Dallas County and throughout North Texas. Our results include outright dismissals, reductions to non-family-violence offenses, successful completion of diversion programs, and jury acquittals. We fight aggressively while treating every client with compassion and respect during what is often one of the most stressful experiences of their lives.
Frequently Asked Questions About Dallas Domestic Assault Cases
What should I do if I’ve been arrested for domestic assault in Dallas?
Exercise your right to remain silent and contact a criminal defense attorney immediately. Do not discuss the case with police, family members, or anyone else. Do not contact the alleged victim, even if they reach out to you. Anything you say can be used against you, and violating a protective order can result in additional charges.
How long does a domestic violence case take in Dallas County?
Misdemeanor cases typically resolve within 3 to 6 months, though some take longer depending on the complexity and whether the case goes to trial. Felony cases often take 6 months to over a year. Your attorney can give you a more accurate timeline after reviewing the specifics of your case.
Will I go to jail for a first-time domestic assault charge?
Not necessarily. Many first-time offenders avoid jail through plea agreements, diversion programs, or case dismissals. However, the outcome depends on the specific facts, the strength of the evidence, and how effectively your attorney defends the case. Felony charges carry more serious potential consequences than misdemeanors.
Can a domestic violence charge be expunged in Texas?
If your case is dismissed or you are acquitted, you may be eligible for expunction, which completely erases the arrest from your record. If you received deferred adjudication for a misdemeanor, you may be eligible for an order of nondisclosure, which seals the record from public view but does not erase it. Convictions for family violence offenses generally cannot be expunged or sealed.
What is a protective order and how does it affect my case?
A protective order (sometimes called a restraining order) is a court order that prohibits contact with the alleged victim. Violating a protective order is a separate criminal offense. The protective order may also affect where you can live, your ability to see your children, and your right to possess firearms. Your attorney can help you understand and comply with any protective order while defending against the underlying charges.
Contact a Dallas Domestic Assault Lawyer Today
If you or someone you love is facing domestic violence charges in Dallas, time matters. Evidence can disappear. Witnesses’ memories fade. The sooner you have an experienced attorney working on your case, the better your chances of a favorable outcome.
Call Varghese Summersett at 214-903-4300 for a free, confidential consultation. We will review your case, explain your options, and start building your defense immediately.
