Even mere accusations of domestic violence can ruin someone’s reputation. If prosecutors can meet their burden of proof without a defense-side investigation of the facts, you might face prison time, fines, child custody loss, and other penalties. Do not accept responsibility for unfounded domestic violence charges that remain unproven.
Instead, discuss your situation with our Houston criminal defense attorneys at no cost. We help our clients position their defenses as favorably as possible while ensuring prosecutors and judges honor your legal rights. Contact the legal team at Walter J. Pink & Associates, PC, for your free consultation by calling (713) 664-6651.
Why Choose Walter J. Pink & Associates, PC
Individuals and families throughout Texas and out-of-state visitors trust the capabilities of Walter J. Pink & Associates, PC. Whether you face a misdemeanor, felony, or a combination of charges, we will fight tirelessly to clear your name and bring the truth to light in court.
Consider hiring us if you want Houston domestic violence defense lawyers who are:
- Empathetic: We understand that this could be or is one of the most stressful moments in your life. Count on us for legal support and protection throughout our time working together.
- Experienced: We have secured over three generations of knowledge, relationships, and skills across over 25,000 cases. Our firm has a deep bench of experience in finding solutions.
- Prepared: From arrest to trial, we are agile, organized, and prompt. Even if surprises crop up during your defense, we can shift your strategy when necessary.
Put the power of a strategic legal champion on your side by hiring Walter J. Pink & Associates, PC. Our legal team will work efficiently and effectively to mount and present a solid defense you want and deserve. From investigation to jury trial, count on our firm to hold the system accountable to your rights, not theirs.
Understanding Domestic Violence in Houston
Domestic violence, often referred to as family violence, encompasses acts of abuse directed towards a member of the same household or a person with whom the offender has had an intimate relationship.
Domestic Assault is in the Texas Penal Code (TPC) § 22.01, which states, in part:
A person commits an offense if the person:
- Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse or
- Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or proactive.
An assault is considered a domestic assault or “family violence” in the state of Texas if the offender and victim are family or are members of the same household. This definition includes spouses or former spouses, adults who are related by blood or marriage, persons who live together, and those who are engaged in a romantic or intimate relationship.
Simple Domestic Assault Charges
The punishment for simple Domestic Assault is a Class A misdemeanor, which carries with it a punishment of up to one (1) year in county jail and a fine of up to $4,000.
If a person is charged for a second or third subsequent Domestic Violence or if the incident involved impeding airflow, then the person faces a Felony in the third (3rd) degree.
A third (3rd) degree felony carries a punishment range of 2-10 years in the Texas Department of Criminal Justice (TDCJ) and a fine of up to $10,000.
How Domestic Violence Cases Are Prosecuted in Texas
Many people are surprised to learn how little control the accuser has once a domestic violence charge has been filed. In Texas, these cases are handled by the state, and prosecutors often move forward even when the person who called the police no longer wants to press charges. That is why early legal representation is so important, especially when emotions are still running high.
Even if the person who reported the incident later asks not to testify, the prosecutor can still move forward using body camera footage, 911 calls, witness statements, and other evidence. The court may even compel a reluctant witness to appear. These rules make it critical to speak with a defense lawyer as early as possible, before anything is said or done that could hurt your case.
Types of Domestic Violence Charges
Aggravated Domestic Assault can be found in the Texas Penal Code (TPC) § 22.02, which states, in part:
A person commits an assault, and the person:
- Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
- Causes serious bodily injury to another, including the person’s spouse or
- Uses or exhibits a deadly weapon during the commission of the assault.
As opposed to non-domestic Aggravated Assault, Aggravated Domestic Assault is a Felony of the first (1st) degree, which carries a punishment range of five (5) to ninety-nine (99) years in the Texas Department of Criminal Justice (TDCJ) and a fine up to $10,000.
If you are wrongfully charged with assault, contact a Houston assault defense attorney today for justice.
Continuous Family Violence can be found in Texas Penal Code (TPC) § 25.11, which states, in part:
- A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under section 22.01 (a)(1) against another person or persons whose relationship to or association with the defendant is described by section 71.0021(b), 71.003, or 71.005, family code
This charge is a felony of the third (3rd) degree, which carries with it a punishment range of (2) to twenty (20) years in the Texas Department of Criminal Justice (TDCJ) and a fine up to $10,000.
Your Constitutional Rights in a Domestic Violence Case
Being arrested does not mean you give up your rights. In fact, the protections built into both the Texas and U.S. Constitutions play a major part in how domestic violence cases are handled. Knowing what those rights are can help you protect yourself from the start.
You are not required to answer questions from law enforcement after an arrest, and it is often safer to say nothing at all. Under the Fifth Amendment to the U.S. Constitution and Article I, Section 10 of the Texas Constitution, you have the right to remain silent and avoid making statements that could be used against you in court. Waiting to speak until you have legal guidance is one of the most important steps you can take to protect your defense.
Why You Should Never Face Charges Alone
Domestic violence allegations move quickly, and even one wrong step early on can affect everything that follows. When your reputation, your rights, and your freedom are on the line, having the right defense team from the very beginning matters. Our firm helps you take action before things spiral.
We can step in right away to help with everything from bond hearings to early communications with law enforcement. We know what prosecutors look for and how to respond in a way that protects you. By the time charges are filed, we are already working to shape the outcome.
In some cases, legal intervention during the investigation phase can stop charges from being filed at all. If that is not possible, your lawyer can still work to reduce the charges, challenge weak evidence, or negotiate fairer conditions for release. Having someone in your corner from the start gives you a real chance to move forward on steadier ground.
What to Do If You Were Falsely Accused of Domestic Violence
False accusations are incredibly serious, especially when they come from someone you once trusted. These cases often begin during heated breakups, custody disagreements, or other personal disputes where emotions run high. If you are facing charges based on claims that are not true, you deserve a defense that treats your side of the story with respect.
People are sometimes accused of things they did not do because someone wants to gain the upper hand in court or hurt them personally. You might feel shocked, angry, or even embarrassed, but you are not alone. Our firm has worked with many people who found themselves in similar situations and needed help fast.
Potential Defenses to Domestic Violence Charges
Regardless of how bad things may seem now, our Houston domestic violence attorney wants you to know that your voice will be heard by the court—through pleadings, hearings, and evidence. If there is a viable defense to your charges, Walter J. Pink & Associates, PC, will reveal this information to you and offer advice regarding how to proceed while protecting your rights.
Potential defenses that could apply to your domestic violence charges include:
- Self-defense
- Negligence defenses
- Burden of proof not met
- False accusations
- And more
Some defenses are more complicated than others. However, if there is a pathway to your objectives, Walter J. Pink & Associates, PC has built relationships with expert witnesses nationwide that will persuasively speak to the facts and circumstances of what happened on the day or dates in question.
How a Domestic Violence Conviction Can Impact Your Future
Even after the case is over, a conviction can follow you in ways you may not expect. It can affect where you live, where you work, and how others see you, especially when background checks are involved. A domestic violence conviction may also come up during custody disputes, limit access to housing, or prevent you from owning firearms in the future.
You Deserve a Chance at Freedom
Our Texas domestic violence defense attorneys in Houston want to help you determine your legal options at no cost or obligation in a discrete setting. Find out what Walter J. Pink & Associates, PC could do for your legal defense. Call (713) 664-6651 or message us online to schedule your free consultation today.