Dallas Domestic Violence Attorney

Accused of Assaulting a Family Member in Dallas, TX?

If you are facing domestic violence charges in Dallas, your future, freedom, and reputation are on the line. Texas law treats family violence allegations seriously, and prosecutors often move forward with charges even if the alleged victim does not want to pursue the case. At the Law Office of Patrick J. McLain, PLLC, our firm provides aggressive and experienced legal defense for those accused of domestic violence offenses. A seasoned Dallas domestic violence lawyer from our team is prepared to protect your rights and fight for the best possible outcome.

Call (214) 238-9392 or contact us online today. Se habla Español.

What is Considered Family Violence?

Under Texas law, “family violence” is a broad legal term that refers to more than just physical harm. According to Texas Family Code § 71.004, family violence includes:

• An act by a member of a family or household intended to cause physical harm, bodily injury, assault, or sexual assault.
• A threat that reasonably places a member in fear of imminent harm.
• Abuse by a current or former romantic partner or spouse.
• Dating violence or violence between individuals in a romantic or intimate relationship.

The “family or household” designation applies to spouses, ex-spouses, co-parents, dating partners, roommates, and even blood relatives. Allegations can arise from heated arguments, misunderstandings, or even false accusations made out of anger or manipulation.

Common Forms of Domestic Violence

Domestic violence can take many different forms beyond physical assault. Some of the most commonly charged acts of family violence include:

• Assault and Battery – Striking, hitting, or causing physical harm to a family member or partner.
• Verbal Threats – Making credible threats of harm or violence.
• Sexual Abuse – Engaging in or attempting non-consensual sexual contact.
• Psychological or Emotional Abuse – Intimidation, manipulation, humiliation, or isolation tactics.
• Destruction of Property – Damaging or destroying the victim’s property during a domestic dispute.
• Stalking and Harassment – Repeated following, messaging, or calling that causes fear or distress.
• Violation of a Protective Order – Disregarding an active restraining or no-contact order.

In many cases, what starts as a verbal altercation can quickly escalate to criminal charges. Unfortunately, law enforcement often errs on the side of caution, arresting someone on the spot even without conclusive evidence.

What Happens After a Domestic Violence Call

• Arrest - Once the police are called for this type of case, SOMEONE is getting arrested! Even when the other party does not wish to press charges, Family Violence is an area where the officers will let the State decide whether they want to pursue the charges or not.
• Bond - To be released from jail, a person accused of Assault Family Violence will have to post a bond. Bond can be in the form of cash or surety. Surety means you can go to a bond company and usually only pay 10% of the actual bond. In addition, assault family violence cases usually result in the accused person having special conditions placed on his or her release from jail. One condition can be to not return to the residence of the complaining witness and to not have any contact with the complaining witness.
• What if the complaining witness does not want to press charges? - The fact that the complaining witness does not want to press charges is not a guarantee that charges will be dropped/dismissed. The prosecutor will take into consideration a complaining witness wishes when deciding how to settle a case. Most prosecutors’ offices now have a policy where they will not dismiss an Assault Family Violence case. They will first evaluate the case to determine the severity of the assault. Next, they will look at the pictures and any available evidence. For example, the ADA will listen to the 911 audio to determine if the complaining witness described the accused and the alleged assault. Finally, they will also take into consideration the accused’s criminal history to determine what they will offer. All of these factors can weigh in the defendant’s favor with the right representation.

Texas Family Violence Laws

Texas takes domestic violence seriously, and its laws reflect that. Depending on the circumstances, charges may be classified as either misdemeanors or felonies. Key legal statutes include:

• Texas Penal Code § 22.01: This governs assault, including domestic assault.
• Texas Penal Code § 25.07: Addresses violations of protective orders.
• Texas Penal Code § 25.071: Covers stalking offenses.

Types of Charges:

• Class A Misdemeanor Assault: Causing bodily injury to a family or household member. Punishable by up to 1 year in jail and a fine of up to $4,000.
• Felony Domestic Assault: If you have a prior conviction for family violence, the next charge can be elevated to a third-degree felony—punishable by 2 to 10 years in prison.
• Aggravated Domestic Assault: Involves serious bodily injury or the use of a deadly weapon. This is usually charged as a second-degree felony or higher.

A conviction may also result in loss of child custody, firearm rights, employment opportunities, housing, and immigration status.

Domestic Violence Restraining Orders

Texas courts may issue a protective order (also known as a restraining order) in cases involving family violence. These orders can be temporary or long-term and may impose serious restrictions, such as:

• No-contact orders with the alleged victim.
• Orders to vacate a shared home.
• Child custody and visitation restrictions.
• Firearm surrender requirements.

Violating a protective order is a separate criminal offense and may result in additional charges and penalties. If you’ve been served with a protective order, do not attempt to contact the alleged victim—even if they initiate it. Instead, contact the Law Office of Patrick J. McLain, PLLC immediately to protect your legal interests.

FAQs About Domestic Violence Charges in Dallas, TX

Can family violence charges be dropped if the victim doesn't want to press charges?

Not necessarily. In Texas, once charges are filed, the decision to prosecute lies with the District Attorney’s office. Even if the alleged victim recants, the state may continue to pursue the case.

What if the accusations are false?

False allegations happen more often than people realize, particularly in divorce or child custody disputes. A strong legal defense can challenge inconsistencies in testimony, lack of physical evidence, and motives for lying.

What should I do if I’m arrested for family violence?

Remain silent and contact a criminal defense lawyer immediately. Do not discuss your case with police or attempt to explain yourself without legal counsel.

Are domestic violence convictions eligible for expungement in Texas?

Most domestic violence convictions are not eligible for expungement or nondisclosure. That’s why avoiding a conviction in the first place is crucial.

How can a domestic violence lawyer help me?

Our Dallas domestic violence attorney can investigate the facts, challenge weak evidence, negotiate for reduced charges or dismissal, and represent you in court. We can also help you understand your rights regarding restraining orders and child custody.

If you have been charged with a criminal offense, contact the lawyers at the Law Office of Patrick J McLain, PLLC. We can help defend you against various crimes and will fight vigorously to protect your legal rights. You can call us 24/7 by calling (214) 238-9392 or visit our law office at 900 Jackson Street, Suite 635 Dallas, TX 75202. Don’t wait before it is too late!