In Texas, women accused of domestic violence often face an uphill battle from the moment an allegation is made. An arrest can occur within minutes based solely on an officer’s belief that probable cause exists, sometimes without the accuser’s cooperation or visible injury. The immediate fallout can include being barred from the home, restricted from seeing children, and dealing with damage to personal and professional reputation. These cases are highly charged, and misunderstandings, self-defense situations, or false accusations can be overlooked in the rush to secure a conviction. For women, the impact often extends beyond the criminal courtroom, affecting custody disputes, employment, and community standing.
Domestic Violence Lawyer in Texas
Because the law moves quickly and the penalties are severe, hiring a domestic violence criminal defense lawyer right away is critical to protecting rights and developing a defense that addresses both the facts and the broader consequences. In the sections ahead, The Law Office of Kevin Bennett takes an in-depth look at domestic violence charges—exploring the legal penalties, potential defenses, key stages of a domestic violence case, and how an experienced attorney can safeguard womens’ rights every step of the way.
Kevin Bennett has represented clients throughout the greater Travis County and Williamson County area and surrounding cities including San Marcos, West Lake Hills, Pflugerville, Bastrop, Austin, Georgetown, and Lockhart. Call (512) 476-4626 or submit an online contact form today.
Overview of Women Charged with Domestic Violence in Texas
- What It Means When a Woman Is Charged With Domestic Violence in Texas
- What Texas Law Says Police Must Do in a Domestic Violence Call
- What Types of Domestic Violence Charges a Woman Might Face in Texas
- Legal Defenses Women Can Use When Accused of Domestic Violence in Texas
- How Past Family Violence Accusations Affect New Charges
- How a Texas Domestic Violence Lawyer Builds a Defense for a Woman Accused
- Frequently Asked Questions
- Supporting References
What It Means When a Woman Is Charged With Domestic Violence in Texas
In Texas, being charged with domestic violence means the state believes there is probable cause to show you committed “family violence” as defined in Section 71.004 of the Texas Family Code. This definition includes any act by a family or household member against another that is intended to cause physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably place the other person in fear of imminent harm. The law specifically excludes “defensive measures” taken to protect oneself, but that distinction is often disputed.
Relationships Covered by the Law — Section 71.003 defines “family” to include spouses, former spouses, parents of the same child, relatives by blood or marriage, foster parents and children, and individuals who currently or previously lived in the same household. Section 71.0021 extends protections to “dating relationships,” meaning current or former romantic or intimate relationships based on length, nature, and frequency of interaction. Because these definitions are broad, women can be accused in situations that go beyond traditional domestic partnerships, including disputes with relatives or former partners.
Arrest Without the Victim’s Consent — Texas law allows officers to arrest a person for family violence based solely on probable cause, even without the alleged victim’s statement or visible injury. This means a woman can be taken into custody immediately after an incident if the officer believes there is enough evidence, regardless of her claim of self-defense or the accuser’s willingness to press charges.
What Texas Law Says Police Must Do in a Domestic Violence Call
When law enforcement responds to a domestic violence call, their responsibilities are controlled by Chapter 5 of the Texas Code of Criminal Procedure. Under Article 5.04, peace officers must protect potential victims, enforce state laws, enforce protective orders (including those from other jurisdictions under Chapter 88 of the Family Code), and make lawful arrests of violators.
Required Reports and Notices — Article 5.05 mandates that an officer investigating a family violence incident or disturbance prepare a written report containing the names of the suspect and complainant, the date, time, and location of the incident, visible or reported injuries, a description of the incident, and whether the suspect is in the military. Officers must also give any possible adult victim written notice of rights and resources. These notices are required even if no arrest is made.
No Exceptions for Family Relationships — Under Article 5.03, a peace officer’s duty to prevent criminal offenses, including acts of family violence, is not waived simply because the people involved are related or live together. Officers are legally required to respond with the same seriousness as they would in any other criminal matter.
What Types of Domestic Violence Charges a Woman Might Face in Texas
The primary domestic violence offenses are found in Texas Penal Code Chapter 22. Section 22.01 defines assault, which includes knowingly, recklessly, or intentionally causing bodily injury to another individual (including a spouse), threatening another with imminent bodily injury, or making physical contact that is offensive or provocative.
Misdemeanor and Felony Assault — A first-time bodily injury assault is typically a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, if the accused has a prior conviction for family violence or the offense involves intentionally, knowingly, or recklessly impeding the normal breathing or blood circulation of the alleged victim (commonly called “strangulation”), the charge is elevated to a third-degree felony, carrying two to ten years in prison. If both a prior conviction and strangulation are alleged, Section 22.01(b-3) makes it a second-degree felony, with two to twenty years in prison.
Aggravated Assault — Section 22.02 applies if the assault causes serious bodily injury or involves the use or exhibition of a deadly weapon. If committed against a family or household member, and involving both serious injury and a deadly weapon, it may be charged as a first-degree felony, punishable by five to ninety-nine years in prison.
Other Related Offenses — Chapter 25 includes crimes like continuous violence against the family (Section 25.11), which involves committing assault causing bodily injury against a family or household member two or more times in twelve months. Section 25.07 covers violations of certain protective orders or bond conditions in family violence cases, while Section 25.072 addresses repeated violations of those orders. These offenses can be misdemeanors or felonies depending on the circumstances and prior history.
Legal three Women Can Use When Accused of Domestic Violence in Texas
Self-Defense in the Context of Ongoing Abuse — Self-defense is recognized under Texas law when a person reasonably believes force is immediately necessary to protect against another’s unlawful force. For many women accused of assault under Penal Code Section 22.01, the alleged incident is the culmination of a longer history of abuse. The law does not require a woman to wait until she is struck before defending herself; if there is a credible threat of imminent harm, she may act to prevent it. Physical evidence such as bruises, medical records, or prior police reports can show she was acting defensively rather than offensively.
Defense of Others, Especially Children — Women are sometimes charged after stepping in to protect a child from a partner or family member. The law allows the use of force to protect another person if there is a reasonable belief that the force is immediately necessary. In practice, this defense can apply where a mother uses physical contact to remove a child from danger, and the accuser claims she assaulted them in the process.
Mutual Combat Misinterpretations — In some domestic calls, both parties have injuries or admit to some form of contact. Police are trained to identify a “primary aggressor,” but this determination can be wrong, especially if the other person is more vocal or has visible injuries that were actually defensive wounds. A defense can challenge the officer’s conclusion by showing that the woman was not the aggressor and that her actions were reactive, not initiatory. This is particularly relevant when both parties have made accusations.
Lack of Intent in Domestic Contexts — Assault charges under Section 22.01 require proof that the defendant acted intentionally, knowingly, or recklessly. In domestic situations, accidents happen — a woman might throw an object intending to hit the wall, but it ricochets and hits her partner, or she might try to push past someone to exit a room and inadvertently cause injury. In these scenarios, showing lack of intent through eyewitness accounts or physical evidence can dismantle the prosecution’s case.
Duress in Coercive Relationships — Penal Code Section 8.05 allows a defense if the accused acted because of threats of imminent death or serious bodily injury. In domestic contexts, this might apply where a woman participates in abusive conduct towards another family member under the direct coercion of a controlling partner.
False Allegations for Leverage in Custody or Divorce — Unfortunately, in some cases, accusations of domestic violence are made to gain advantage in family law matters, such as custody disputes. Exposing the ulterior motive can support reasonable doubt. The defense may present evidence of ongoing custody litigation, prior threats to “call the police,” or patterns of behavior inconsistent with being a victim.
How Past Family Violence Accusations Affect New Charges
Prior convictions or even deferred adjudications for family violence can drastically increase the severity of new charges. Under Section 22.01(b)(2), a prior conviction for an offense involving family violence elevates a misdemeanor assault to a third-degree felony. Section 22.01(b-3) raises it to a second-degree felony if the new charge involves strangulation. Section 22.01(f) specifies that deferred adjudication counts as a conviction for enhancement purposes.
How a Texas Domestic Violence Lawyer Builds a Defense for a Woman Accused
A criminal defense attorney starts by gathering and examining every piece of evidence. This includes police reports prepared under Article 5.05 of the Code of Criminal Procedure, body camera footage, 911 call recordings, photographs, and medical records. Any inconsistencies in the reporting officer’s account, procedural errors in the arrest, or missing required details can be used to weaken the prosecution’s case.
Challenging the Accuser’s Credibility — The defense will scrutinize the accuser’s statements for contradictions and explore possible motives to fabricate allegations, such as leverage in a custody dispute. Prior inconsistent statements, witness bias, or evidence of the accuser’s aggression can be critical in building reasonable doubt.
Developing Evidence for Self-Defense — Evidence that supports self-defense, such as injuries to the accused consistent with defensive action, messages showing threats from the accuser, or witness testimony that the accuser was the initial aggressor, can be decisive.
Negotiation and Pretrial Strategy — Many cases are resolved before trial. A lawyer can negotiate for reduced charges, dismissal, or entry into a pretrial diversion program that avoids a conviction. This early intervention often prevents long-term consequences like a permanent criminal record or loss of firearm rights.
Frequently Asked Questions
What happens when a woman is arrested for domestic violence charges in Texas?
When a woman is arrested for domestic violence charges in Texas, she is booked, processed, and may receive immediate protective orders. Prosecutors review police reports and evidence to decide whether to formally file charges, which can happen quickly after arrest.
Can a woman be charged with family violence in Texas if she acted in self-defense?
Yes. A woman can still face family violence charges in Texas even if she acted in self-defense. The burden then shifts to the defense to prove lawful defensive actions with credible evidence such as injuries, witnesses, or documented prior abuse.
What is considered domestic violence in Texas under the law?
Under Texas Family Code Section 71.004, domestic violence includes acts causing harm or threats creating fear of imminent harm between family, household members, or dating partners. The law excludes defensive actions taken to protect oneself from immediate unlawful force.
How serious are Texas domestic assault charges for a first offense?
A first offense for Texas domestic assault is usually a Class A misdemeanor with up to one year in jail. If strangulation or prior convictions are involved, the charge becomes a felony carrying significantly longer prison sentences.
Can a protective order be removed in a Texas domestic violence case?
A protective order in a Texas domestic violence case remains until changed by a court. Even if the parties reconcile, violating the order can result in arrest and additional criminal charges, regardless of mutual consent to contact.
What evidence helps defend against family violence charges in Texas?
Evidence that may help defend against family violence charges in Texas includes police reports, bodycam footage, 911 recordings, medical documentation, photographs, and messages showing threats or aggression from the accuser. Such evidence can support self-defense or other statutory legal defenses.
Will a Texas domestic assault conviction affect child custody rights?
Yes. A Texas domestic assault conviction can impact custody, visitation, and parental rights. Judges consider assault a serious risk to a child’s well-being, potentially resulting in reduced custody, supervised visitation, or other restrictions to protect the child’s safety.
Can domestic violence charges in Texas be dropped by the accuser?
No. Once filed, domestic violence charges in Texas are prosecuted by the state, not the accuser. Prosecutors may dismiss charges if evidence is insufficient or defenses apply, but the alleged victim’s consent alone cannot drop the case.
How does a prior family violence conviction affect new Texas charges?
A prior family violence conviction in Texas can increase a misdemeanor assault to a third-degree felony. If the new charge involves strangulation, Penal Code Section 22.01(b-3) upgrades it to a second-degree felony with longer possible prison sentences.
Supporting References
Texas Penal Code on Assault — This chapter defines crimes such as assault, aggravated assault, sexual assault, indecent assault, and aggravated sexual assault. It outlines the legal elements of each offense, possible penalties, and circumstances that may elevate charges.
Texas Code of Criminal Procedure Chapter 5: Family Violence Prevention — This chapter sets out Texas laws on preventing family violence. It covers definitions, duties of peace officers, reporting requirements, and responsibilities of prosecutors and courts. It also addresses protective orders, law enforcement procedures, and limits on mediation in family violence cases.
Texas Health and Human Services: Family Violence Program Resources — This source provides information on safety planning, protective orders, lease termination options, and statewide support services for individuals affected by family or dating violence.
Travis County Texas: Family Violence —This source describes the Travis County Attorney’s Office services for victims of misdemeanor family violence. It explains how victim/witness staff act as liaisons with prosecutors, keep victims informed of case progress, and provide referrals to social services.
Austin Texas: Family Violence Protection — This source describes the City of Austin’s Family Violence Protection Team, which coordinates law enforcement, counseling, legal services, and crisis management for survivors of family and dating violence.
Travis County Attorney for Domestic Assault Charges
With such serious consequences, you’ll want serious legal representation. Kevin Bennett is a skilled Austin domestic violence lawyer you can represent you if you are charged with any charge of family violence or dating violence in Travis County, including in Manor, Oak Hill, and Bee Cave. Kevin Bennett maintains open communication with all of his clients about the matters facing them, and he aims to help them understand what is happening during dark and frightening times.
Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up a consultation.
