A domestic violence accusation in Texas can change your life within hours. An arrest can mean jail time, a protective order barring you from your home, loss of access to your children, and long-term consequences to your career and reputation. At The Goolsby Law Firm, our Dallas domestic violence lawyer works to protect your rights, challenge the evidence, and pursue the best possible outcome from the start of your case.

In Texas, domestic violence is generally prosecuted as family violence under the Texas Penal Code. A charge can arise from an alleged act of physical harm, the threat of physical harm, or any conduct that causes a family or household member to fear imminent harm.

Family and household members include:

• Current or former spouses
• Dating partners, current or former
• Children and parents, including stepparents and foster relationships
• Siblings and other family members by blood or marriage
• Roommates and former roommates

You do not have to cause a physical injury to be charged. A verbal threat or an act that causes someone to feel endangered may be sufficient for an arrest under Texas law.

The severity of a domestic violence charge in Texas depends on the circumstances, prior history, and whether a weapon was involved:

• Class A Misdemeanor Assault (Family Violence) — The most common charge, carrying up to one year in jail and a fine of up to $4,000. A conviction results in a permanent family violence finding on your record.
• Third Degree Felony — Applies if the accused has a prior family violence conviction, or if the assault involved choking or strangulation. Punishable by 2 to 10 years in prison.
• Second Degree Felony — Applies if a weapon was used or serious bodily injury resulted. Punishable by 2 to 20 years in prison.
• Continuous Violence Against the Family — A third degree felony that applies when two or more family violence incidents occur within a 12-month period.

Beyond criminal penalties, a family violence conviction carries significant collateral consequences including loss of firearm rights, immigration consequences, impacts on custody and visitation, and damage to employment and professional licenses.

Domestic violence cases are among the most aggressively prosecuted in Texas. Prosecutors often push forward even when the alleged victim recants or does not wish to press charges — because in Texas, the state can proceed with a case independently of the victim’s wishes.

At the same time, these cases are often more complex than they appear. Allegations may arise from heated arguments, misunderstandings, or situations where the accused was actually acting in self-defense. Attorney Mike Goolsby is a former prosecutor who handled these cases from the other side of the courtroom. That experience is directly relevant to building a strong defense.

In many domestic violence cases, the court will issue an emergency protective order at the time of arrest. This order may prohibit you from returning to your home, having contact with the alleged victim, or seeing your children — sometimes for weeks before your case is even heard.

Our firm can help you understand the terms of any protective order, challenge an order that is overly broad or based on false allegations, and work to modify restrictions that are preventing you from living your life while your case is pending.

Can the charges be dropped if the alleged victim does not want to press charges?
Not automatically. In Texas, the state can proceed with prosecution even if the alleged victim does not cooperate or wishes to recant. Having an attorney who can address this early is important.

Will I lose custody of my children if I am charged?
A domestic violence charge can affect custody proceedings, but it does not automatically determine the outcome. An attorney can help protect your parental rights while the criminal case is pending.

What if I was acting in self-defense?
Self-defense is a recognized legal defense in Texas. If the evidence supports it, your attorney can present self-defense as part of your case at trial or in negotiations with the prosecutor.

Can a domestic violence charge be expunged in Texas?
A conviction typically cannot be expunged. However, if the case is dismissed or you are found not guilty, expungement or nondisclosure may be possible depending on the circumstances.

Facing a domestic violence or family violence charge in Dallas? Call The Goolsby Law Firm at (972) 394-2141 for a free consultation. We serve Dallas County, Tarrant County, Denton County, and Collin County.