Defending Your Rights and Future Against Domestic Violence Charges in San Antonio

When Relationships Turn Legal: Facing Domestic Violence Allegations

A domestic violence allegation in Texas can arise from a heated argument, a misunderstanding, or a false accusation, yet it carries consequences that extend far beyond a family disagreement. What may begin as a private dispute can quickly escalate into a life-altering criminal case with severe penalties, protective orders, and lasting damage to your reputation and family relationships. At Barton & Associates, Attorneys at Law, we understand the unique complexities and high emotions surrounding domestic violence cases. Our experienced San Antonio criminal defense attorneys provide vigorous, strategic representation to protect your rights, your freedom, and your future when facing these serious allegations.

In Texas, domestic violence—often charged as “Assault Family Violence”—is treated with extreme severity by law enforcement and prosecutors. The legal definition encompasses acts between family members, household members, or dating partners. Even a first-time accusation can lead to arrest, jail time, and a permanent criminal record. Many individuals mistakenly believe the situation will resolve itself if the alleged victim “drops the charges.” However, in Texas, once law enforcement is involved, the decision to prosecute rests with the state, not the individual. This makes securing skilled legal counsel from the outset not just advisable but essential.

Understanding Texas Domestic Violence Laws and Immediate Consequences

Domestic violence charges in Texas are not monolithic; they vary based on the specific allegations, the severity of the alleged injury, and the defendant’s criminal history. Understanding the landscape is crucial to mounting an effective defense.

Common Domestic Violence Charges We Defend:

• Assault Causing Bodily Injury to a Family Member: This is the most common charge, a Class A misdemeanor punishable by up to one year in county jail and a $4,000 fine. “Bodily injury” can be broadly interpreted, including even minor pain.
• Continuous Violence Against the Family: A third-degree felony charge that can be filed after two separate assaults against a family or household member within 12 months, even if neither incident resulted in an arrest at the time.
• Aggravated Assault Against a Family Member: A first or second-degree felony involving serious bodily injury or the use or exhibition of a deadly weapon during the assault.
• Violation of a Protective Order (Restraining Order): Knowingly violating an active protective order is a serious criminal offense, typically a Class A misdemeanor, but it can be enhanced to a felony.

The Immediate, Life-Disrupting Impact of an Allegation:

From the moment of arrest, your life can be upended:

• Mandatory Arrest Policy: Under Texas’s “mandatory arrest” policies in many jurisdictions, if police have probable cause to believe an assault has occurred against a family member, they are required to make an arrest. Your explanation may not be heard at the scene.
• Emergency Protective Order (EPO): At the alleged victim’s request or on the officer’s initiative, a judge can issue an EPO immediately after an arrest. This can force you out of your home, prohibit any contact with your family, and prevent you from seeing your children.
• Bond Conditions: Even if released on bond, the court will impose strict conditions, often mirroring a protective order, that restrict where you can go and whom you can contact.

Beyond the courtroom, a conviction brings collateral damage that can last a lifetime: loss of professional licenses, inability to own firearms, difficulty securing employment or housing, and devastating impacts on child custody cases. Our mission is to protect you from these cascading consequences.

Our Strategic Defense Approach: Protecting You at Every Stage

At Barton & Associates, we know that a successful defense requires a nuanced, multi-faceted strategy tailored to the highly personal nature of these cases.

1. Challenging the Initial Allegation and Arrest

We begin by scrutinizing the foundation of the state’s case. Was there probable cause for the arrest? We examine police reports, 911 call recordings, and officer statements for inconsistencies, bias, or a failure to properly investigate your side of the story. In many cases, arrests are made based on one party’s statement without a full examination of the facts or context, including acts of self-defense.

2. Navigating Protective Orders

A protective order is both a shield for the applicant and a powerful tool for the prosecution. We provide critical representation in protective order hearings to:

• Oppose the issuance of unnecessary or overly broad temporary orders.
• Advocate for your rights and present evidence at the final hearing to prevent a permanent order from being issued.
• Ensure any order in place is precisely defined to minimize disruption to your life and parental rights.

3. Investigating for a Complete Defense

Domestic situations are often complex, with underlying histories that are not apparent in a police report. Our defense investigation digs deeper:

• We seek evidence of motive for false allegations, which can arise from contentious divorce or child custody battles.
• We gather medical records, photographs, and witness statements that may support a claim of self-defense or mutual conflict.
• We look for patterns of retraction or recantation by the alleged victim, though we prepare for the state to proceed regardless.

4. Pursuing the Optimal Case Resolution

Every case demands a tailored approach to resolution. We leverage our extensive experience and courtroom credibility to pursue the best path forward:

• Pre-Trial Diversion: For eligible first-time offenders, we negotiate for programs that can lead to dismissal of charges upon completion of counseling (like a Battering Intervention and Prevention Program) and other conditions.
• Negotiation for Reduction or Dismissal: We negotiate with prosecutors to reduce a felony charge to a misdemeanor or to dismiss the case entirely, especially when the alleged victim is uncooperative or the evidence is weak.
• Trial Advocacy: When the state’s case is unjust, we are fully prepared to defend you at trial. We present a compelling case to the jury, challenging the credibility of the state’s witnesses and highlighting the reasonable doubts in their narrative.

The Critical Role of Self-Defense in Domestic Violence Cases

A frequent and legitimate defense in domestic violence cases is self-defense. Texas law permits the use of force against another when you reasonably believe it is immediately necessary to protect yourself against the other’s use or attempted use of unlawful force. In the volatile context of a domestic argument, determining who was the primary aggressor can be unclear to responding officers. We work diligently to gather evidence—such as your injuries, witness accounts, or prior incidents of violence by the accuser—to substantiate a claim that you were acting to protect yourself.

The Barton & Associates Advantage in Domestic Violence Defense

• Former Prosecutorial Insight: Our team’s experience on the prosecution side provides an invaluable understanding of how the state builds domestic violence cases, allowing us to anticipate strategies and identify weaknesses from day one.
• Compassionate Yet Assertive Counsel: We handle these sensitive cases with discretion and empathy, understanding the stress on you and your family, while remaining unwavering and assertive advocates in the courtroom.
• Holistic Case Management: We coordinate with family law attorneys if your case intersects with a divorce or custody proceeding, ensuring your criminal defense strategy supports your overall legal position.
• Reputation for Trial Readiness: Prosecutors know we will not pressure a client into an unjust plea. Our readiness to take a case to trial ensures that any negotiation is conducted from a position of strength.

Take Immediate Action to Protect Your Rights

The aftermath of a domestic violence arrest is chaotic and frightening. Critical mistakes in the first 24-48 hours—like communicating with the alleged victim in violation of an EPO or making statements to police—can irrevocably damage your case.

Do not contact the alleged victim for any reason. Do not discuss the details of your case with anyone except your attorney. Exercise your right to remain silent and your right to legal counsel immediately.

Contact Barton & Associates today for a confidential, urgent consultation. The specific facts of your situation are vital. Call our San Antonio office directly at 210-500-0000. We will provide a clear assessment of the charges against you, explain the immediate steps we must take, and begin constructing a powerful defense strategy designed to protect your liberty, your family, and your future. Your defense starts here.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000