Fort Worth Domestic Violence Lawyer

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.

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.

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.

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.

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.

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.

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.

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.

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