Every day in Dallas County, people are arrested on domestic violence charges based on a single phone call, a neighbor’s complaint, or a minor physical altercation. Many of them ask the same question: can the alleged victim just drop the charges? The answer, under Texas law, is no — and that misunderstanding leads people to make critical mistakes in the hours and days after an arrest.
How Texas Defines “Family Violence”
Under Texas Family Code §71.004, family violence includes acts by a family or household member intended to result in physical harm, bodily injury, assault, or sexual assault of another family or household member, acts of abuse toward a child of a family or household member, and actions that constitute dating violence under §71.0021.
“Family or household member” under Texas law is broad. It includes spouses and former spouses, parents of the same child (even if never married or living together), foster parents and foster children, persons related by blood or marriage, current or former dating partners, and current or former roommates.
The Affirmative Finding — Why This Changes Everything
Most people focus on the criminal charge itself — Class A misdemeanor assault, for example. But there is a second finding attached to family violence convictions that carries consequences far beyond the sentence: the affirmative finding of family violence.
Under Texas Code of Criminal Procedure Art. 42.013, if the court finds that family violence occurred, the judgment must reflect an affirmative finding. This finding:
- Permanently prohibits you from possessing a firearm under federal law (18 U.S.C. §922(g)(9), the Lautenberg Amendment). Hunting rifles, shotguns, and handguns — all of them, forever.
- Elevates a second family violence offense from a Class A misdemeanor to a third-degree felony — even if the second incident is years later and in a different state.
- Affects immigration status. Non-citizens convicted of a crime of domestic violence are deportable under federal immigration law.
- Appears in custody and divorce proceedings. A family violence finding is powerful evidence in family court that can affect parental rights and visitation.
An affirmative finding is a permanent label that follows you across every background check, firearm purchase, and custody dispute for the rest of your life.
Why the Victim Cannot Drop the Charges
Texas family violence cases are prosecuted by the State, not the alleged victim. Once law enforcement is called and an arrest is made, the case belongs to the District Attorney’s office. The complainant is a witness, not the party deciding whether to proceed.
Even if the complainant recants, refuses to cooperate, or signs an affidavit of non-prosecution, the State can — and often does — proceed with the case using the 911 call recording, responding officer testimony, photographs of any injuries, prior calls to the address in police records, and the complainant’s original recorded statement.
Dallas County prosecutors are trained to build cases that do not depend entirely on victim cooperation. If you are waiting for the complainant to handle it, you are waiting for something that may never happen while the case against you is being built.
Common Defenses in Texas Family Violence Cases
- Self-defense — Texas law explicitly recognizes the right to use force to protect yourself, including in a domestic situation.
- Defense of a third person — protecting a child or other family member.
- Mutual combat — relevant to the question of who was the primary aggressor.
- False accusation — family violence allegations are sometimes made as a tactic in custody or divorce disputes. Evidence of motive matters.
- Lack of injury consistent with allegation — medical records or absence of injury documentation can undercut the State’s case.
Contact The Goolsby Law Firm Immediately
Family violence charges move fast in Texas. Bond conditions routinely include emergency protective orders that remove you from your home and prohibit contact with your children — within hours of arrest.
With 27 years of criminal defense experience in Dallas County, including time as a prosecutor, Mike Goolsby understands exactly how these cases are built and how to defend them.
Our goal is to get your case dismissed. Call (972) 394-2141 for a free consultation, or use our online form.
