Domestic Violence

A domestic violence charge in Fort Worth can threaten your freedom, your family, and your future. Texas prosecutors take these cases seriously — and so do we. The attorneys at Varghese Summersett have handled hundreds of family violence cases in Tarrant County and know how to fight these charges from every angle.

What Are the Domestic Violence Charges in Texas?

Texas law defines three distinct domestic violence charges under the Texas Penal Code. Each carries different penalties, and understanding which charge applies to your situation is the first step toward building a defense.

Domestic Assault (Assault Bodily Injury of a Family Member)

Assault bodily injury of a family member — often called ABI-FM — is the most common domestic violence charge in Tarrant County. Under Texas Penal Code Section 22.01, a person commits this offense if they intentionally, knowingly, or recklessly cause bodily injury to a family member, household member, or current or former dating partner. The threshold is low: the contact only needs to cause pain. A push that leaves a bruise, a grab that hurts — these can be enough.

Domestic assault is typically a Class A misdemeanor. However, it elevates to a third-degree felony if the accused has a prior family violence conviction or if the assault involved strangulation or impeding the breath or circulation of the victim — what Texas law calls “impede breath/circulat.” That enhancement alone can turn a misdemeanor into a felony charge carrying years in prison.

Aggravated Domestic Assault

Under Texas Penal Code Section 22.02, aggravated assault involves intentionally, knowingly, or recklessly causing serious bodily injury — or using or displaying a deadly weapon during an assault. When the victim is a family or household member, or a current or former dating partner, the charge becomes aggravated domestic assault. This is generally a second-degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine. If a deadly weapon and serious bodily injury are both involved, it rises to a first-degree felony carrying 5 years to life in prison.

Continuous Family Violence

Under Texas Penal Code Section 25.11, a person can be charged with continuous family violence if they are believed to have committed two or more acts of domestic assault within a 12-month period against a family or household member. There is no requirement that the person was ever arrested or convicted for either prior incident. If a victim tells police the abuse happened before — even without any prior charges — prosecutors can file a felony. This is a third-degree felony punishable by 2 to 10 years in prison and up to a $10,000 fine.

What Does the State Have to Prove in a Domestic Violence Case?

The burden of proof rests entirely with the State of Texas. You have no obligation to prove your innocence or testify. To convict, the prosecution must prove every element of the charge beyond a reasonable doubt — the highest standard in the law.

For domestic assault under Penal Code Section 22.01, the State must prove:

• The defendant intentionally, knowingly, or recklessly caused bodily injury; OR engaged in physical contact they knew or reasonably should have known would be offensive or provocative; OR threatened imminent bodily injury;
• The victim was a family member, household member, or current or former dating partner as defined by the Texas Family Code.

For aggravated domestic assault under Section 22.02, the State must additionally prove:

• The injury caused was “serious bodily injury” (creating a substantial risk of death, permanent disfigurement, or impairment of a body organ or member); OR
• The defendant used or displayed a deadly weapon during the assault.

For continuous family violence under Section 25.11, the State must prove:

• Two or more acts of family violence;
• Both acts occurred within 12 months;
• The defendant was the same person in each incident.

Defense attorneys challenge these elements directly. Was the injury actually “serious”? Was the contact intentional or accidental? Is the alleged victim truly a family member under the statutory definition? Did two separate acts actually occur, or is the State relying entirely on an uncorroborated account? These are the fault lines where cases are won.

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If you are facing a domestic violence charge in Fort Worth, do not wait. The decisions you make in the first hours and days after an arrest can shape everything that follows. Talk to a lawyer before you say another word to police.

What Are the Penalties for a Domestic Violence Conviction in Texas?

The consequences of a domestic violence conviction extend well beyond the courtroom.

Beyond incarceration, a domestic violence conviction carries consequences that follow you for life. Federal law prohibits anyone convicted of a domestic violence misdemeanor or felony from possessing a firearm — permanently. A conviction becomes a permanent part of your criminal record, visible to employers, landlords, and licensing boards. For non-citizens, a domestic violence conviction can trigger deportation proceedings. Any family violence finding in a case — even on a misdemeanor — can impact child custody arrangements in family court.

This is not a charge to face alone or to assume will “work itself out.” Schedule a free consultation with a Fort Worth domestic violence lawyer today at (817) 203-2220.

What Are the Defenses to Domestic Violence Charges in Texas?

Being accused of domestic violence does not mean you are guilty. These cases are highly fact-intensive, and many hinge on credibility, conflicting accounts, and evidence that is rarely as clear-cut as prosecutors suggest.

Self-defense. Texas law recognizes the right to use force to protect yourself from another person’s unlawful force. If you acted in self-defense, the State must disprove that claim beyond a reasonable doubt. Physical evidence — defensive wounds, injuries inconsistent with the alleged victim’s account, prior threats — all become critical.

False accusation. Domestic violence allegations are sometimes made during contentious breakups, divorces, or custody battles. A false accusation of domestic violence can be weaponized. Experienced attorneys know how to investigate the complaining witness’s motive, timeline inconsistencies, and prior statements.

Lack of bodily injury. For a conviction under Section 22.01(a)(1), the State must prove actual bodily injury — not just offensive contact. If there is no medical evidence, no visible injury, and only conflicting accounts, the State’s case may rest on very thin ground.

Consent. In limited circumstances, particularly in cases involving physical contact rather than serious injury, the defense may argue the contact was consensual.

Recanting complainant. In many domestic violence cases, the alleged victim recants or refuses to cooperate with prosecutors. This does not automatically end the case — Texas prosecutors have “no-drop” policies and often proceed without the victim’s cooperation — but it significantly changes the evidentiary picture. An attorney who knows how these cases are prosecuted can exploit that shift.

Violations of your constitutional rights. Police officers responding to domestic calls sometimes act quickly and sloppily. Evidence obtained through unlawful searches or statements taken without proper Miranda warnings may be suppressible.

What Happens With a Protective Order in a Domestic Violence Case?

When you are arrested for domestic violence in Fort Worth, a magistrate typically enters a no-contact magistrate’s order as a condition of your release. This prohibits contact with the alleged victim and sometimes bars you from returning to your own home. Violating this order is itself a criminal offense.

Separately, the alleged victim may seek a protective order through a civil proceeding in family court. A temporary ex parte protective order can be issued the same day without you present. A final protective order can last up to two years and impose significant restrictions on where you can go and who you can contact. Violation of a final protective order carries its own criminal penalties.

Understanding how the criminal case and any protective order proceedings interact — and how to respond to both — requires an attorney who handles domestic violence cases regularly in Tarrant County.

How Are Domestic Violence Cases Prosecuted in Tarrant County?

The Tarrant County District Attorney’s Office operates a dedicated Family Violence Unit staffed by prosecutors who handle only these types of cases. They are experienced, aggressive, and trained to prosecute even without a cooperating complainant. They build cases around 911 call recordings, officer body camera footage, medical records, and prior incident reports.

Tarrant County also offers a Domestic Violence Diversion Program for eligible defendants. Successful completion can result in dismissal of charges. Not everyone qualifies, and the application process requires careful handling by an attorney who knows the program’s requirements and how to present your case favorably.

What Is the Bond for a Domestic Violence Charge in Tarrant County?

Based on an analysis Varghese Summersett completed of over 52,320 bonds in Tarrant County:

Bond amounts vary depending on the specific facts of your case, your criminal history, and the judge assigned. An attorney may be able to file a motion to reduce bond or argue for conditions of release that allow you to return home.

Real Domestic Violence Case Results From Varghese Summersett

Results vary based on individual circumstances. Past results do not guarantee future outcomes.

Assault FM/HM with Prior Conviction – Tarrant County (Case No. 1839896): Our client was charged with assault of a family or household member with a prior conviction enhancement — a felony charge. Attorney Alex Thornton got the case dismissed.

Continuous Family Violence – Tarrant County (Case No. 1855388): A client facing a felony continuous family violence charge — which could have resulted in years in prison — had the charge reduced to a Class C Assault by Contact with a 6-month deferred adjudication by Attorney Audrey Hatcher. No felony conviction. No jail.

Continuous Violence Against the Family – Parker County: The District Attorney’s Office rejected the felony charge entirely and referred the case to the County Attorney for misdemeanor prosecution. Result obtained by Attorney Alex Thornton.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend a domestic violence charge in Fort Worth, you get a team that has been inside that Tarrant County courtroom — not someone learning on your case. Here is what that looks like:

• Immediate action. We begin building your defense from the first consultation. That means requesting body camera footage, 911 recordings, and medical records before they disappear or are overwritten.
• Parallel proceedings. We handle both the criminal case and any protective order proceedings so you are protected on both fronts.
• Honest assessment. We tell you the truth about your case — the risks, the options, and the realistic outcomes. We do not promise what we cannot deliver.
• Trial-tested attorneys. Our team includes board-certified criminal law specialists with real trial experience. We are not afraid to take a case to verdict when it is the right call for our client.
• Access to diversion programs. For eligible clients, we will pursue every diversion opportunity available in Tarrant County, including the Domestic Violence Diversion Program.

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Watch: Domestic Violence Charges in Texas — What You Need to Know

Frequently Asked Questions About Domestic Violence Charges in Fort Worth

Can I be convicted of domestic violence if the alleged victim doesn’t want to press charges?

Yes. Texas prosecutors have “no-drop” policies on domestic violence cases, meaning they can — and often do — proceed without the victim’s cooperation or testimony. The State uses 911 recordings, body camera footage, photos of injuries, and medical records to build a case independent of what the alleged victim says at trial. Having an attorney early is essential to understanding what evidence exists and how to challenge it.

Will a domestic violence charge show up on a background check?

An arrest alone may appear on a background check even if charges are later dropped. A conviction will remain on your record permanently unless you are eligible for expunction or nondisclosure. Texas law is limited in what domestic violence convictions can be sealed. Talking to an attorney early about your options — including diversion programs that may allow for dismissal — is the best way to protect your record.

What happens if the alleged victim recants their statement?

Recantation is common in domestic violence cases, and prosecutors are trained to handle it. They may still proceed using other evidence, and they may even argue the recantation was coerced. However, a recanting complainant does significantly weaken the State’s case. Your attorney can work to ensure the recantation is properly documented and presented in a way that benefits your defense.

Can I lose my right to own a firearm if convicted of domestic violence?

Yes. Under federal law, anyone convicted of a domestic violence misdemeanor or felony is permanently prohibited from possessing firearms or ammunition. This applies even to a Class A misdemeanor domestic assault conviction in Texas. For gun owners, law enforcement officers, and military personnel, this is often one of the most devastating consequences of a conviction.

What is the difference between a protective order and the magistrate’s no-contact order I received after my arrest?

The magistrate’s no-contact order is a criminal condition of your release — it is issued immediately after arrest and prohibits contact with the alleged victim while your criminal case is pending. A protective order is a separate civil order issued by a family court that can last up to two years and impose additional restrictions. Both can be in effect simultaneously. Violating either is a separate criminal offense. Your defense attorney should be monitoring both proceedings.

A domestic violence charge is one of the most serious situations a person can face in Tarrant County. The stakes — your freedom, your family, your record, your firearms rights — are too high to handle without experienced legal counsel. Call Varghese Summersett at (817) 203-2220 for a free consultation today. Our team is ready to fight for you.