How Do I Fight a Domestic Violence Charge in Texas?

 Posted on August 15, 2025 in Criminal Law

A domestic violence accusation can have serious implications, personally and legally. These charges can carry severe penalties, including jail time, fines, and a lasting criminal record. Working with an experienced Tarrant County, TX domestic violence defense attorney can help you understand the charges, protect your rights, and develop a strong defense strategy.

What Domestic Violence Charges Are There in Texas?

In Texas, domestic violence is generally addressed under Texas Penal Code § 22.01 for assault. This covers causing bodily injury, threatening harm, or making physical contact in a way that is considered offensive or provocative toward a family member, household member, or dating partner. The law treats these cases seriously, and convictions often lead to severe penalties. The specific consequences will depend on the facts of the incident and the relationship between you and the alleged victim. If you have any prior offenses, that can impact your case as well.

Note that domestic violence charges can vary in severity. A domestic assault charge involves causing or threatening harm to someone with whom you have a domestic relationship. Aggravated domestic assault, defined under Texas Penal Code § 22.02, occurs when serious bodily injury is inflicted or a deadly weapon is used. In some cases, a person may be charged with continuous violence against the family under Texas Penal Code § 25.11. This applies when two or more acts of domestic assault are alleged to have occurred within a 12-month period.

Evidence Used in a Texas Domestic Violence Case

Prosecutors use a variety of evidence to build their case. Depending on the facts of your case, evidence may include witness testimony from the alleged victim, neighbors, or others who may have seen or heard the incident. Prosecutors often rely on medical records, such as documentation of injuries, photographs, or treatment notes. They also use police reports that include officers’ observations, statements made at the scene, and any bodycam footage. Digital evidence, including text messages, emails, social media posts, or recorded calls that may suggest a threat or admission, can also be presented. Keep in mind that once charges are filed, the alleged victim cannot simply "drop" them. Instead, the decision to proceed rests with the state.

Common Defenses Against Domestic Violence Allegations in Texas

The specific details of your case will dictate the right defense strategy for you. However, some common defenses include:

• Self-defense: Showing that you acted to protect yourself or another person from harm.

• False allegations: Proving that the accusation was fabricated, possibly out of anger, jealousy, or to gain an advantage in a divorce or custody dispute.

• Lack of evidence: Demonstrating that the prosecution’s evidence is insufficient to meet the burden of proof.

• Accidental injury: Arguing that the alleged harm was unintentional and not the result of an assault.

• Violation of rights: Challenging evidence obtained in violation of your constitutional rights, such as an illegal search or improper interrogation.

Speak With a Dallas, TX Domestic Violence Defense Attorney

A domestic violence charge can affect your freedom, career, and reputation. However, having the experienced Tarrant County, TX domestic violence defense lawyer from Law Office of Michelle Poblenz on your side ensures that you have strong legal protection from the very start. 

Attorney Michelle Poblenz is Lead Counsel Verified, recognized by Expertise.com as one of the Best Criminal Defense Attorneys in Irving, 2023, and honored by Three Best Rated as one of the Best Criminal Defense Lawyers in Irving. She also speaks Spanish, casting a wider net of service across the community. Call 469-845-3031 today to discuss your case and begin building a defense that protects your rights.