Denton County Domestic Violence Lawyer | Free Consultation

If you’ve been arrested for domestic violence in Denton County, you’re facing a charge that can follow you for the rest of your life. A conviction can cost you your job, your reputation, your right to own a firearm, and in some cases, access to your own children. Even if the alleged victim wants the charges dropped, prosecutors often move forward anyway.

The family violence designation makes these cases uniquely difficult. Unlike other assault charges, domestic violence carries collateral consequences that extend far beyond jail time and fines. Many people don’t realize that once the family violence label is attached to your record, it never comes off unless you fight it in court.

At Varghese Summersett, our Denton County domestic violence lawyers understand what’s at stake. We’ve handled hundreds of family violence cases across North Texas and know how to challenge weak evidence, negotiate charge reductions, and when necessary, take cases to trial. If you’ve been accused, we can help.

What Does “Domestic Violence” Mean in Denton County?

Texas doesn’t have a specific crime called “domestic violence.” Instead, prosecutors use the term to describe assault or other violent offenses committed against a family member, household member, or dating partner. The actual charge might be assault causing bodily injury, assault by contact, or aggravated assault, but when it involves a protected relationship, courts add the family violence designation.

Under Texas Family Code § 71.004, family violence includes acts by one family or household member intended to result in physical harm, bodily injury, assault, or sexual assault. It also includes acts that are reasonably likely to cause imminent physical harm.

The key is the relationship between the accused and the alleged victim. Family violence applies when the incident involves:

• Current or former spouses
• People who live together or have lived together
• Parents of the same child (even if they’ve never been married or lived together)
• Current or former dating partners
• Family members related by blood or marriage
• Foster parents and foster children

This broad definition means that arguments between roommates, disputes between parents who share custody, or altercations between people who dated briefly can all result in domestic violence charges.

Common Domestic Violence Charges in Denton County

Most domestic violence cases in Denton County involve assault charges under Texas Penal Code § 22.01. The specific charge depends on the severity of the alleged conduct and whether the accused has prior convictions.

Assault by Contact (Class C Misdemeanor)

This is the least serious assault charge. It applies when someone intentionally or knowingly causes physical contact with another person when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Examples include pushing, shoving, or grabbing.

A Class C assault by contact is typically punishable by a fine up to $500. However, when the family violence designation is added, the consequences extend far beyond the ticket. It becomes a permanent part of your criminal history and can be used to enhance future charges to felonies.

Assault Causing Bodily Injury (Class A Misdemeanor)

This charge applies when someone intentionally, knowingly, or recklessly causes bodily injury to another person. Bodily injury means physical pain, illness, or any impairment of physical condition. This can include bruising, scratches, soreness, or other minor injuries.

When the alleged victim is a family member, assault causing bodily injury becomes a Class A misdemeanor punishable by up to one year in the Denton County jail and a fine up to $4,000.

Assault Family Member Impeding Breath or Circulation (Third Degree Felony)

Under Texas Penal Code § 22.01(b)(2)(B), assault becomes a third-degree felony if the person intentionally, knowingly, or recklessly impedes the normal breathing or circulation of blood of a family member by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

This charge is commonly called “strangulation” or “choking” and carries 2 to 10 years in prison and a fine up to $10,000. Prosecutors pursue these charges aggressively, even in cases where there are no visible injuries.

Continuous Violence Against the Family (Third Degree Felony)

If someone commits two or more assaults against family members within a 12-month period, prosecutors can charge continuous violence against the family under Texas Penal Code § 25.11. This charge applies even if the person was never arrested or convicted for the earlier incidents.

Continuous violence against the family is a third-degree felony punishable by 2 to 10 years in prison. The prosecution only needs to prove that two qualifying acts occurred, not that each act resulted in a separate conviction.

Aggravated Assault with a Deadly Weapon (Second Degree Felony)

When an assault involves the use or exhibition of a deadly weapon, it becomes aggravated assault under Texas Penal Code § 22.02. A deadly weapon includes firearms, knives, baseball bats, or anything else that in the manner of its use is capable of causing death or serious bodily injury.

Aggravated assault is typically a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. If the victim suffers serious bodily injury, the charge can be enhanced to a first-degree felony with a sentence range of 5 to 99 years or life.

What Happens After a Domestic Violence Arrest in Denton County?

Understanding the process helps reduce anxiety and allows you to make better decisions about your case.

Arrest and Booking

Most domestic violence arrests in Denton County happen at the scene. Officers responding to 911 calls are required to arrest someone if they have probable cause to believe family violence occurred, even if the alleged victim doesn’t want to press charges. You’ll be taken to the Denton County Jail for booking and processing.

Setting Bond

Within 48 hours of your arrest, you’ll appear before a magistrate who will set your bond amount. The magistrate considers factors like the severity of the charge, your criminal history, ties to the community, and whether you pose a flight risk or danger to the alleged victim.

While Denton County bond data isn’t yet available, our analysis of neighboring Tarrant County provides useful context. For assault causing bodily injury with family violence, typical bonds range from $1,000 to $2,500. For assault impeding breath or circulation, bonds are substantially higher, with most falling between $10,000 and $15,000. For continuous violence against the family, expect bonds of $5,000 to $15,000 or higher.

In many domestic violence cases, the magistrate will also issue an emergency protective order prohibiting you from contacting the alleged victim or going near their residence, workplace, or children’s school. These orders typically last 31 to 61 days.

Hiring a Lawyer

This is the most important decision you’ll make. Your Denton County domestic violence lawyer should start working on your case immediately, gathering evidence, interviewing witnesses, and protecting your rights. Don’t wait. The prosecution is already building their case against you.

First Court Appearance

Your first appearance in Denton County Court will typically be an arraignment where you enter your plea. Your attorney will have already reviewed the charging documents and discussed strategy with you. This is also when your attorney can request discovery (the evidence against you) from the prosecutor.

Investigation and Discovery

Your attorney will obtain police reports, 911 recordings, body camera footage, witness statements, medical records, and any other evidence the prosecution plans to use. In many cases, this evidence reveals weaknesses in the state’s case that can be used to negotiate a dismissal or reduction.

Pre-Trial Negotiations

Most domestic violence cases are resolved through negotiations with the prosecutor. Depending on the strength of the evidence and your criminal history, outcomes can range from complete dismissal to deferred adjudication to reduced charges.

Trial

If negotiations don’t produce an acceptable result, your case will go to trial. You have the right to a jury trial for most domestic violence charges. At trial, the prosecution must prove every element of the offense beyond a reasonable doubt. Many domestic violence cases are won at trial because the evidence is weak or inconsistent.

Penalties and Consequences of a Domestic Violence Conviction

The punishment for domestic violence depends on the specific charge and your criminal history. But the formal sentence is only part of the story. The collateral consequences of a family violence conviction often have a greater impact on your life than the jail time or probation.

Criminal Penalties

Here’s what you’re facing for the most common charges:

• Assault by Contact (Class C): Fine up to $500
• Assault Causing Bodily Injury (Class A): Up to 1 year in county jail and a fine up to $4,000
• Assault Impeding Breath (Third Degree Felony): 2 to 10 years in prison and a fine up to $10,000
• Continuous Violence Against Family (Third Degree Felony): 2 to 10 years in prison and a fine up to $10,000
• Aggravated Assault (Second Degree Felony): 2 to 20 years in prison and a fine up to $10,000
• Aggravated Assault Causing Serious Bodily Injury (First Degree Felony): 5 to 99 years or life in prison and a fine up to $10,000

Many defendants receive probation instead of jail time, especially for first offenses. However, probation for domestic violence cases often includes strict conditions like anger management classes, substance abuse treatment, electronic monitoring, and community supervision fees.

Loss of Gun Rights

This is one of the most serious collateral consequences. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms for life. This applies even to law enforcement officers, military personnel, and security guards whose jobs require carrying a weapon.

There are limited exceptions, but in most cases, a domestic violence conviction means you can never legally own or possess a gun again. For many people, this alone makes it worth fighting the charge.

Immigration Consequences

If you’re not a U.S. citizen, a domestic violence conviction can trigger deportation proceedings, prevent you from obtaining lawful permanent residence, or bar you from becoming a U.S. citizen. Even legal permanent residents can be deported for domestic violence convictions.

Employment and Professional Licenses

Many employers conduct background checks and refuse to hire anyone with a family violence conviction. This is especially true for jobs in healthcare, education, childcare, law enforcement, and positions requiring security clearances.

Professional licensing boards for nurses, teachers, lawyers, doctors, therapists, and other occupations often impose discipline or revoke licenses when someone is convicted of domestic violence. Some licenses may be denied or suspended even during the pendency of charges.

Child Custody and Visitation

Texas family courts presume that awarding custody to a parent with a history of family violence is not in the child’s best interest. A domestic violence conviction can significantly limit your custody rights and visitation schedule. In some cases, the court may require supervised visitation or deny contact altogether.

Housing Restrictions

Many landlords refuse to rent to tenants with family violence convictions. Public housing authorities can deny or terminate housing assistance based on domestic violence charges or convictions.

Future Enhancements

Perhaps most importantly, any family violence conviction, even a Class C assault by contact, can be used to enhance future charges to felonies. A second family violence assault automatically becomes a third-degree felony, even if both incidents would have been Class A misdemeanors standing alone.

How We Fight Domestic Violence Charges

Every case is different, but our approach is always the same: we investigate thoroughly, challenge the evidence aggressively, and pursue the best possible outcome. Here are some of the most effective defenses we use.

Self-Defense

You have the right to defend yourself from an attack. Under Texas law, you can use force against another person when you reasonably believe it’s immediately necessary to protect yourself from the other person’s use or attempted use of unlawful force.

Self-defense is a complete defense to assault charges. If we can show that you were defending yourself, the charge should be dismissed. This defense requires careful presentation of the facts, often supported by witness testimony, physical evidence, and medical records.

Defense of Others

Similar to self-defense, you have the right to use force to protect another person from imminent harm. This often comes up when someone intervenes to stop an attack on a family member or child.

Lack of Bodily Injury

For assault causing bodily injury charges, the prosecution must prove that the alleged victim suffered physical pain, illness, or impairment of physical condition. If there are no visible injuries, no complaints of pain to medical personnel, and no medical treatment, we can argue that no bodily injury occurred.

Many arrests happen based solely on one person’s complaint, without any objective evidence of injury. Photos taken days after an alleged incident showing no bruising or marks can be powerful evidence that no assault occurred.

False Accusations

Unfortunately, false allegations are common in domestic violence cases. They often arise during divorce or custody battles when one party has a motive to portray the other as violent or dangerous. We’ve also seen cases where accusations are fabricated during arguments to get someone arrested or removed from the home.

We investigate the accuser’s credibility, look for inconsistencies in their story, examine their motive to lie, and identify any history of making false allegations. Text messages, social media posts, and witness statements often reveal the truth.

Insufficient Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. In many cases, the only evidence is the alleged victim’s statement. If that person recants, refuses to testify, or gives inconsistent accounts, the prosecution’s case collapses.

We scrutinize police reports for errors and omissions, challenge unreliable witness testimony, and expose gaps in the investigation. Many domestic violence cases are weak from the beginning and fall apart under scrutiny.

Constitutional Violations

Police must follow the Constitution when investigating crimes. If officers entered your home without a warrant or consent, conducted an illegal search, obtained statements in violation of Miranda, or made an arrest without probable cause, we can file motions to suppress evidence or dismiss the case.

Accident

Sometimes injuries occur accidentally during an argument or physical altercation. If contact was not intentional, knowing, or reckless, there’s no assault. We’ve defended cases where alleged victims were injured falling, running into objects, or during mutual shoving.

Can the Alleged Victim Drop the Charges?

This is one of the most common questions we hear, and the answer surprises many people: the alleged victim cannot drop criminal charges. Only the prosecutor has the authority to dismiss a case.

In Texas, domestic violence is prosecuted as a crime against the state, not a crime against the individual. Even if the alleged victim wants the charges dismissed, shows up to court and says nothing happened, or refuses to cooperate with the prosecution, the case can still move forward.

That said, the alleged victim’s wishes do matter. Prosecutors are less likely to pursue cases where the complaining witness refuses to testify or recants their allegations. A skilled defense attorney can work with the alleged victim and the prosecutor to facilitate a dismissal when appropriate.

However, be extremely careful about any contact with the alleged victim. If you’re under a protective order or have bond conditions prohibiting contact, any communication (even if initiated by the other person) can result in additional charges for violating the protective order. Let your attorney handle all communications.

The Affidavit of Non-Prosecution

Some alleged victims sign affidavits of non-prosecution stating that they don’t want to press charges. While these documents don’t bind the prosecutor, they can be persuasive evidence that the case should be dismissed.

The affidavit is most effective when it comes from a credible witness who provides specific reasons why the charges are false or exaggerated. Your attorney can help the alleged victim understand the process and, if appropriate, draft and submit an affidavit to the prosecutor.

Case Example: Continuous Violence Reduced to Class C Misdemeanor

In Tarrant County, we represented a client charged with continuous violence against the family, a third degree felony carrying 2 to 10 years in prison. The charge stemmed from two separate incidents with his girlfriend over a 10-month period. While the client admitted that arguments had occurred, he denied any physical violence.

Our attorneys investigated both incidents, obtained text messages between our client and the girlfriend showing her apologies for making false accusations, and interviewed witnesses who contradicted her version of events. We presented this evidence to the prosecutor along with our client’s stable employment history and lack of any prior criminal record.

After negotiations, the prosecutor agreed to reduce the charge to Class C assault by contact with a 6-month deferred adjudication and a $500 fine. Upon successful completion of the deferred period, the charge will be dismissed and our client will be eligible to have the case sealed from his record. This outcome allowed our client to avoid prison, keep his job, and ultimately clear his record.

Protective Orders in Domestic Violence Cases

Protective orders are civil court orders that prohibit contact between parties. There are two types you need to know about: emergency protective orders issued at the time of arrest, and longer-term protective orders that can last up to two years or more.

Emergency Protective Orders

When you’re arrested for family violence, the magistrate will often issue an emergency protective order at your initial appearance. These orders typically prohibit you from:

• Going to the alleged victim’s residence, workplace, or school
• Communicating with the alleged victim in any way
• Going within a certain distance of the alleged victim
• Committing further acts of family violence

Emergency protective orders usually last 31 to 61 days. Violating a protective order is a separate criminal offense punishable by up to one year in jail and a $4,000 fine. If you violate the order while also committing assault or stalking, the violation charge becomes a third-degree felony.

Longer-Term Protective Orders

The alleged victim can also file a civil lawsuit seeking a protective order that can last up to two years. These cases are heard in family court, separate from your criminal case. You have the right to contest the protective order at a hearing where both sides present evidence.

If a protective order is granted, you may be prohibited from possessing firearms and ordered to stay away from your own home if the alleged victim lives there. These orders can also affect child custody and visitation arrangements.

It’s important to fight protective orders aggressively. Once granted, they’re difficult to modify or dissolve, and the restrictions can significantly disrupt your life. Having a protective order on your record also makes you look guilty in the criminal case.

What to Expect When You Hire Varghese Summersett

When you retain our firm, you’re getting a team of lawyers and support staff dedicated to your defense. Here’s what the process looks like.

Immediate Action

We start working on your case right away. If you’re in custody, we work to get you released on bond as quickly as possible. We’ll review the circumstances of your arrest, identify any constitutional violations, and begin investigating the allegations.

Thorough Investigation

We obtain all available evidence: police reports, 911 recordings, body camera footage, witness statements, medical records, and text messages. We interview witnesses, visit the scene, and hire experts when necessary. In cases involving allegations of strangulation, we often retain medical experts to review the evidence and testify that injuries are inconsistent with the allegations.

Strategic Defense Planning

Every case requires a customized approach. We analyze the evidence, identify weaknesses in the prosecution’s case, and develop a defense strategy tailored to your specific situation. Whether that means negotiating a dismissal, fighting the charges at trial, or pursuing alternative outcomes like deferred adjudication or pre-trial diversion, we’re prepared for every scenario.

Aggressive Advocacy

We challenge everything. If evidence was obtained illegally, we file motions to suppress. If witnesses are lying, we expose them. If the prosecution overcharged, we negotiate aggressively for reductions. And if the case goes to trial, we’re prepared to fight.

Our firm has handled more than 1,600 dismissals and 800 charge reductions across Texas. We have trial lawyers with decades of experience, board-certified specialists, and a reputation for excellence that commands respect from prosecutors and judges throughout Denton County.

Protecting Your Future

We don’t just focus on the immediate case. We think about the long-term consequences and work to protect your record, your career, your custody rights, and your ability to own firearms. When possible, we pursue outcomes that allow you to have the case dismissed and sealed from your record.

Constant Communication

You’ll never wonder what’s happening with your case. We return calls promptly, explain the process clearly, and keep you informed at every stage. You’ll have direct access to your attorney, not just a paralegal or receptionist.

Talk to a lawyer before you speak to police. The police are not on your side. Anything you say will be used against you, even statements you believe are exculpatory. Protect your rights and your record by calling (817) 203-2220 now.

Frequently Asked Questions

Should I talk to the police after a domestic violence arrest?

No. Politely invoke your right to remain silent and ask for a lawyer. Do not try to explain your side of the story or convince the officers that no crime occurred. The police are building a case against you, and anything you say will be used as evidence. Even statements you believe are helpful can be twisted and used to support a conviction. Wait until you have an attorney present before making any statements.

What if my spouse or partner wants to reconcile and drop the charges?

While the alleged victim cannot unilaterally drop criminal charges, their cooperation (or lack thereof) matters to prosecutors. However, you must be extremely careful about any contact. If there’s a protective order or bond condition prohibiting communication, any contact (even if the other person initiates it) can result in additional criminal charges. Let your attorney coordinate with the alleged victim and the prosecutor. Do not attempt contact yourself.

Can I get a domestic violence charge removed from my record?

It depends on the outcome. If your case is dismissed, you can petition for an expunction to have the arrest record destroyed. If you receive deferred adjudication and successfully complete probation, you can petition for an order of nondisclosure to seal the record from most public searches. However, family violence offenses have special restrictions. Even with an order of nondisclosure, law enforcement, courts, and certain licensing agencies can still see the offense. This is why it’s so important to fight for a dismissal rather than accepting a plea.

How long does a domestic violence case take to resolve?

It varies widely. Simple misdemeanor cases can sometimes be resolved in a few months if the evidence is weak and the prosecutor agrees to dismiss. More complex felony cases, especially those going to trial, can take a year or more. Your attorney should be able to give you a realistic timeline based on the specific facts of your case and the court’s docket.

What happens if I’m convicted of domestic violence and I’m not a U.S. citizen?

Domestic violence convictions are considered crimes involving moral turpitude and crimes of violence under immigration law. This can make you deportable, inadmissible, or ineligible for naturalization. Even legal permanent residents can be removed from the United States for domestic violence convictions. If you’re not a citizen, it’s critical to hire an attorney who understands immigration consequences and can structure a defense that protects your immigration status. Never plead guilty without consulting an immigration attorney about the consequences.

Contact Our Denton County Domestic Violence Lawyers Today

A domestic violence charge can change your life, but it doesn’t have to define your future. With aggressive defense and strategic negotiation, many cases result in dismissals, reductions, or outcomes that protect your record.

At Varghese Summersett, we’ve built our reputation on results. With 70+ team members across four Texas offices and experience handling thousands of criminal cases, we have the resources and expertise to fight for you. Our Denton County domestic violence lawyers know the local prosecutors, understand the courts, and have a track record of success.

Don’t wait. The prosecution is already working against you. Schedule a free consultation by calling (817) 203-2220 or contacting us online. We’re available 24/7 because we understand that arrests don’t happen on a convenient schedule.

Offices in Fort Worth, Southlake, Dallas, and Houston.

Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own merits.