Domestic Violence Lawyer Located in Irving 

Legal Defenses Against Family Violence Charges

Facing family violence charges is serious, but there are several defenses that may help you fight back. A skilled attorney can evaluate your situation and develop a strong legal strategy.

False Accusations and How to Challenge Them

False allegations are more common than people realize. They can arise from personal disputes, divorce battles, or attempts to gain the upper hand in child custody cases.
To challenge false accusations, your lawyer may:

• Gather witness statements that support your side of the story.
• Analyze text messages, emails, or social media posts for inconsistencies.
• Use surveillance footage or other physical evidence to disprove the claim.

Self-Defense Claims in Domestic Violence Cases

If you were acting in self-defense, you have the right to explain your actions. This defense applies when you were protecting yourself or someone else from harm.
Your attorney may use the following evidence to support your self-defense claim:

• Medical records showing your own injuries.
• Police reports or 911 call recordings proving you were the victim.
• Witness testimony backing up your version of events.

Lack of Evidence as a Defense Strategy

The prosecution must prove their case beyond a reasonable doubt. If they lack solid evidence, your lawyer can argue for a dismissal.
Key points in a lack-of-evidence defense:

• No medical records or visible injuries to support the accusation.
• Inconsistent or vague police reports.
• No reliable witnesses to confirm the alleged incident.

Consent as a Possible Defense

• In rare cases, consent may be a defense if the alleged victim willingly participated in the act. This can be difficult to prove, but evidence such as text messages or prior history may help.

Consequences Beyond Criminal Penalties

A family violence charge affects more than just your legal record. It can impact your job, family, and future opportunities.

Impact on Employment and Professional Licenses

• Many employers conduct background checks, and a conviction may cost you your job.
• If you hold a professional license (nurse, teacher, lawyer), you could face disciplinary action.

Effects on Immigration Status (for Non-Citizens)

• Domestic violence convictions can lead to deportation or denial of citizenship.
• Even a plea deal could negatively affect your visa or green card status.

Influence on Divorce and Child Custody Cases

• A domestic violence conviction can impact child custody, making it harder to get visitation rights.
• It may also affect your ability to receive spousal support.

Restrictions on Firearm Possession and Ownership

• Federal and state laws prohibit convicted individuals from owning or buying firearms.

Violating these laws can result in additional felony charges.

Protective Orders and Their Implications

If someone files a protective order against you, it can significantly limit your freedoms. Understanding what this means is crucial.

Types of Protective Orders

Texas law recognizes different types of protective orders:

• Emergency Protective Orders (EPOs): Issued immediately after an arrest, lasting up to 91 days.
• Temporary Protective Orders (TPOs): Last about 20 days but can be extended.
• Permanent Protective Orders: Can last up to two years or longer in severe cases.

What to Do If You Are Served with a Protective Order

• Do not contact the alleged victim—even indirect communication can violate the order.
• Read the order carefully—understand the restrictions and how long they last.
• Follow the terms strictly—violating the order can lead to arrest.

Consequences of Violating a Protective Order

Breaking a protective order has serious legal consequences.

• Misdemeanor violations can result in up to one year in jail and a $4,000 fine.
• Felony violations (for repeat offenses) may lead to up to 10 years in prison.

How to Challenge or Modify a Protective Order

If you believe a protective order was issued unfairly, you can fight it in court.

• Gather evidence showing the accusations are false or exaggerated.
• Request a hearing to present your side of the case.
• Work with an attorney to modify restrictions, such as child visitation rights.

If you're facing family violence charges or a protective order, legal guidance is essential. A knowledgeable lawyer can help protect your rights and fight for the best possible outcome.

Frequently Asked Questions (FAQ) About Family Violence Cases

What should I do if I’m falsely accused of domestic violence?

• If you are falsely accused, stay calm and avoid any contact with the accuser. Gather any evidence that supports your innocence, such as text messages, emails, or witness statements. Most importantly, hire an attorney immediately to protect your rights and build a strong defense.

Can the alleged victim drop the charges?

• No, once the police are involved, the decision to prosecute is up to the state, not the alleged victim. Even if the accuser wants to drop the charges, the prosecutor may continue with the case based on the available evidence.

Will I go to jail if I’m charged with domestic violence or homicide?

• It depends on the severity of the charges, your criminal history, and your defense strategy. Domestic violence cases may result in probation, anger management, or even dismissal. However, homicide or severe injury charges carry much harsher penalties, including long-term or life imprisonment. An experienced attorney is crucial to protecting your rights.

How can a domestic violence charge affect my future?

• A conviction can impact employment, housing, and even your right to own firearms. It may also affect child custody and immigration status if you are a non-citizen. Even if you are not convicted, an arrest record can still cause long-term consequences.

Can a protective order be removed or modified?

• Yes, but you must file a request in court. A judge will review the case and determine if changes are appropriate. Your attorney can help present evidence showing that the order is unnecessary or too restrictive.

What happens if I accidentally violate a protective order?

• Even an unintentional violation, such as replying to a text from the accuser, can lead to arrest. Violating a protective order is a serious offense and can result in jail time and fines. If you believe the order is unfair, seek legal help to challenge or modify it.

Will a domestic violence charge stay on my record forever?

• Unless dismissed, a domestic violence conviction stays on your criminal record permanently. In some cases, you may be able to get the charge expunged or sealed, but this depends on the circumstances of your case.

Need Legal Defense Against a Protective Order? Our experienced attorney is ready to fight for you. Contact us now at (469) 564-3420 to discuss your case..