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A domestic violence charge in Tarrant County puts nearly everything at risk. A conviction can mean jail time, substantial fines, loss of firearm rights under the Lautenberg Amendment, employment fallout, and lasting harm to your reputation. Our Fort Worth domestic violence lawyer team knows that family violence allegations frequently grow out of exaggerated claims, misread situations, or false accusations made during a heated argument. We defend clients across Fort Worth, Texas, and fight to protect your rights, your freedom, and your future.
In Texas, domestic violence covers a broad span of criminal charges, running from Class C misdemeanor assault all the way to first-degree felony aggravated assault with a deadly weapon. The Texas Penal Code treats family violence as an act against a family member, a household member, or a person in a dating relationship that causes bodily injury or assault, or a threat that reasonably makes the alleged victim fear imminent bodily injury. Our defense attorneys take on every category of domestic assault charge filed in Tarrant County, from protective order violations to serious felony cases involving child victims or weapons.
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Texas law treats family violence as an act by one family or household member meant to cause physical harm, bodily injury, assault, or sexual assault against another member, or a threat that reasonably places that member in fear of imminent harm. That definition reaches a wide set of relationships: spouses, former spouses, dating partners, parents and children, and other household members. A charge labeled “domestic violence” in Fort Worth can grow out of anything from minor physical contact to aggravated assault involving serious bodily injury or the use of a firearm. Under the Texas Penal Code assault causing bodily injury to a family member is usually charged as a Class A misdemeanor, carrying up to one year in jail and a fine up to $4,000. If the accused has a prior family violence conviction, or the alleged victim was choked or strangled, the charge can rise to a third-degree felony with a possible prison sentence of two to ten years. Aggravated assault assault with a deadly weapon or assault causing serious bodily injury, is prosecuted as a first- or second-degree felony, with penalties ranging from five to 99 years in prison depending on the facts. Domestic battery, a term often used interchangeably with domestic assault, can involve offensive or provocative physical contact even when no injury results. Stalking, continuous family violence, and violation of a protective order are additional offenses that Fort Worth prosecutors pursue aggressively. Each of these crimes carries collateral consequences: a conviction can mean loss of child custody, ineligibility for certain professional licenses, deportation for non-citizens, and a lifetime ban on firearm possession under federal law. In Fort Worth, misdemeanor family violence cases are handled in the Tarrant County Criminal Courts, while felony charges move through the Criminal District Courts, all heard at the Tim Curry Criminal Justice Center on West Belknap Street.
| Offense Type | Classification | Potential Consequences | Special Considerations | Where It’s Heard in Fort Worth |
|---|---|---|---|---|
| Assault – Offensive Contact | Class C Misdemeanor | Fine up to $500 | No jail time but creates criminal record | Tarrant County Criminal Court |
| Assault – Bodily Injury (Family Member) | Class A Misdemeanor | Up to 1 year in jail, fine up to $4,000 | Enhanced if prior conviction | Tarrant County Criminal Court |
| Assault – Impeding Breath/Circulation | Third-Degree Felony | 2-10 years in prison | Automatic felony charge in family violence context | Criminal District Court (Tim Curry Justice Center) |
| Aggravated Assault with Deadly Weapon | First/Second-Degree Felony | 5-99 years or life in prison | Firearm possession permanently prohibited | Criminal District Court (Tim Curry Justice Center) |
| Violation of Protective Order | Class A Misdemeanor to Felony | Varies by circumstances and prior violations | Can be charged alongside assault offenses | Criminal District Court (Tim Curry Justice Center) |
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In Texas, what people call domestic violence is legally defined as “family violence” under the Texas Penal Code. Family violence covers any act by a family or household member meant to cause physical harm, bodily injury, assault, or sexual assault against another family member. It also reaches threats that reasonably place a family member in fear of imminent harm. Family violence charges can range from misdemeanor assault causing bodily injury up to felony aggravated assault with a deadly weapon, turning on the seriousness of the alleged injury, whether a weapon was used, and the defendant’s criminal history.
The Texas Penal Code defines “family member” broadly to include:
Because the definition is so broad, many different relationships can trigger family violence charges in Tarrant County. Even a minor dispute between roommates or an argument between dating partners can turn into a criminal case with lasting consequences. A Fort Worth criminal defense lawyer can evaluate the specific facts of your case and test whether the state actually has enough evidence to prove family violence beyond a reasonable doubt.
When a domestic violence incident involves the use or exhibition of a firearm, knife, or other deadly weapon, Tarrant County prosecutors frequently raise the charges to aggravated assault. Under Texas law, aggravated assault occurs when a person causes serious bodily injury to another, or uses or exhibits a deadly weapon while committing an assault. Aggravated assault against a family member is usually charged as a first-degree or second-degree felony, depending on the circumstances and the extent of the injury.
Aggravated assault convictions carry severe punishment, including five to 99 years in prison for a first-degree felony, two to 20 years in prison for a second-degree felony, fines up to $10,000, permanent loss of firearm ownership rights under federal and Texas law, and ineligibility for deferred adjudication in many cases. Given how serious these charges are, it is critical to hire a Fort Worth assault lawyer with real experience defending felony family violence cases. Our criminal attorneys dig into the facts, examine police reports and witness statements, and challenge the state’s evidence to protect your rights and your freedom.
Not every domestic violence arrest ends in a conviction. Texas law gives you several defenses to assault and family violence charges, and an experienced criminal defense attorney in Fort Worth can use them to attack the prosecution’s case. Common defenses in domestic violence cases include:
| Defense Strategy | Description | When It Applies |
|---|---|---|
| Self-Defense | You used reasonable force to protect yourself from imminent harm | When the alleged victim was the initial aggressor or threatened you with harm |
| Defense of Others | You used reasonable force to protect a third party from harm | When you intervened to protect a child, family member, or other person |
| False Accusation | The alleged victim fabricated or exaggerated the allegations | When the accuser has a motive to lie (custody dispute, divorce, revenge) |
| Lack of Intent | The injury was accidental, not intentional, knowing, or reckless | When the contact or injury occurred by accident during a non-violent interaction |
| Insufficient Evidence | The state cannot prove the offense beyond a reasonable doubt | When there are no witnesses, no physical evidence, or conflicting statements |
| Violation of Constitutional Rights | Evidence was obtained through illegal search, seizure, or interrogation | When police violated your Fourth or Fifth Amendment rights during investigation |
Our Fort Worth criminal lawyers work through police reports, 911 recordings, witness statements, medical records, and physical evidence to build a strong legal defense. In many cases we negotiate with prosecutors to reduce charges, secure deferred adjudication, or get the case dismissed outright. When trial is the right path, our attorneys bring the courtroom experience and litigation skill to fight for a not-guilty verdict.
When someone is arrested for domestic violence in Fort Worth, the alleged victim often seeks a protective order (also called a restraining order) through the Tarrant County courts. A protective order is a civil court order that bars the accused person from contacting the alleged victim, coming near their home or workplace, or possessing a firearm. Protective orders can be issued on an emergency basis, as temporary orders, or as final orders lasting up to two years.
Violating a protective order is a separate criminal offense in Texas. A first violation is generally charged as a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. Repeat violations, or violations involving assault, stalking, or other crimes, can be charged as felonies with prison time. Even unintentional contact counts here. A single phone call, text message, or social media message can lead to arrest and additional charges.
If you are served with a protective order in Tarrant County, contact a Fort Worth protective order lawyer right away. Our attorneys can represent you at the protective order hearing, present evidence in your defense, and fight to keep the order from being issued or to change its terms. Protective orders can have devastating effects on your ability to see your children, live in your home, or keep your job, especially if your work requires firearm possession or a security clearance.
Texas Criminal Defense
Knowing how the criminal justice process works in Tarrant County helps you prepare for what comes after a domestic violence arrest. The process generally moves through these stages:
At every step, having an experienced Fort Worth lawyer at your side matters. Our criminal attorney team walks you through each stage, guards your constitutional rights, and works toward the best possible outcome in your case. These cases are heard at the Tim Curry Criminal Justice Center on West Belknap Street in Fort Worth, where our team appears regularly.
A conviction for family violence in Fort Worth brings both direct criminal penalties and long-term collateral consequences. Understanding the full weight of a conviction shows why a strong legal defense is so important.
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Contact a violence lawyer immediately. Do not speak to police without an attorney present. Anything you say can be used against you in court. Your lawyer will advise you on how to protect your rights, what to expect during the legal process, and how to build the strongest possible defens
Knowing how domestic assault cases move through the Tarrant County criminal justice system lets clients make informed decisions at each critical stage. From the initial arrest through final disposition, our Fort Worth assault lawyer team guides you through every step, protecting your rights and building the strongest possible defense.
Most family violence arrests in Fort Worth begin when police respond to a domestic disturbance call. Texas law requires officers to make an arrest when they have probable cause to believe a domestic assault occurred, even when the alleged victim does not want to press charges. You will be taken to the Tarrant County Jail for booking and processing. An emergency protective order may be issued, and bail is set based on the severity of the charges and your criminal history.
At arraignment, you are formally notified of the criminal charges filed by the Tarrant County Criminal District Attorney’s Office. This is your chance to enter a plea of guilty, not guilty, or no contest. Our lawyers advise clients to plead not guilty at this stage, which preserves every defense option and forces the prosecution to prove each element of the offense beyond a reasonable doubt. We begin negotiating with prosecutors and investigating the allegations right away to identify workable defense strategies.
The pre-trial phase involves extensive legal work, including motions to suppress illegally obtained evidence, motions to dismiss charges based on insufficient evidence, and discovery requests for police reports, witness statements, 911 recordings, body camera footage, medical records, and forensic evidence. Our criminal attorneys leave no stone unturned in gathering information that supports your defense or exposes weaknesses in the prosecution’s case.
Depending on the strength of the evidence and your criminal history, we may negotiate with Tarrant County prosecutors for reduced charges, deferred adjudication, pretrial diversion programs, or dismissal. Deferred adjudication lets eligible defendants complete probation and avoid a final conviction, though domestic violence cases are often ineligible for expungement even after successful completion. We analyze closely whether accepting a plea offer serves your best interest or whether trial gives you better prospects.
When cases go to trial, our defense lawyers prepare thoroughly: subpoenaing witnesses, building cross-examination strategies, consulting with expert witnesses, and shaping compelling opening statements and closing arguments. Jury selection is especially critical in family violence cases, because prospective jurors often carry strong preconceptions about domestic assault allegations. We question them carefully to identify and remove anyone who cannot weigh the evidence fairly.
