Domestic Violence Defense in Corpus Christi: Protecting Your Rights, Your Freedom, and Your Future

A domestic violence accusation can turn your life upside down in an instant. One moment you are at home with your family; the next, you are facing criminal charges, a protective order, and the loss of your freedom, your job, and your relationships. In Corpus Christi and throughout the Coastal Bend, domestic violence charges are taken seriously by law enforcement, prosecutors, and the courts. The consequences can be severe—jail time, probation, mandatory counseling, loss of firearm rights, and a permanent criminal record. But an accusation is not a conviction. You have rights, and you have options. With an experienced defense attorney by your side, you can fight the charges and protect your future.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are facing domestic violence charges. Whether you are accused of assault, family violence, or violation of a protective order, we provide the aggressive, knowledgeable representation you need to protect your rights, your freedom, and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the domestic violence case process.

Understanding Domestic Violence Charges in Texas

In Texas, domestic violence is prosecuted under the umbrella of “family violence.” The term “family violence” is broader than many people realize. It includes acts against:

• Family members: Spouses, former spouses, parents, children, and other relatives

• Household members: People who live together or have lived together

• Dating relationships: People who are or have been in a dating relationship

• People with a child in common: Parents who share a child, even if they have never lived together or been married

The offense of “assault” becomes a domestic violence case when it involves a person in one of these relationships.

Common Domestic Violence Offenses

Assault Causing Bodily Injury (Family Violence)

Assault causing bodily injury is a Class A misdemeanor. The offense involves intentionally, knowingly, or recklessly causing bodily injury to a family member or person in a dating relationship. Punishment can include up to one year in jail and a fine of up to $4,000.

Assault by Threat (Family Violence)

Assault by threat is a Class A misdemeanor. The offense involves threatening another with imminent bodily injury. Punishment can include up to one year in jail and a fine of up to $4,000.

Continuous Violence Against the Family

Continuous violence against the family is a third-degree felony. The offense involves two or more assaults against a family or household member within a 12-month period. Punishment can include two to ten years in prison and a fine of up to $10,000.

Aggravated Assault (Family Violence)

Aggravated assault is a first-degree or second-degree felony, depending on the circumstances. The offense involves causing serious bodily injury or using a deadly weapon. Punishment can include five to 99 years or life in prison and a fine of up to $10,000.

Violation of Protective Order

Violation of a protective order is a Class A misdemeanor, but can become a felony if the violation involves a prior conviction for family violence. Punishment can include up to one year in jail (misdemeanor) or two to ten years in prison (felony).

The Consequences of a Domestic Violence Conviction

A domestic violence conviction carries consequences that extend far beyond the criminal penalties:

• Jail or prison time: Depending on the offense, you could face significant incarceration

• Probation: Extended period of community supervision with strict conditions

• Batterer intervention program: Mandatory counseling program for those convicted of family violence

• Loss of firearm rights: A domestic violence conviction results in loss of the right to possess firearms under both state and federal law (Lautenberg Amendment)

• Protective orders: The court may issue a protective order that restricts your contact with the alleged victim and may require you to leave your home

• Child custody impact: A domestic violence finding can affect custody and visitation rights

• Employment consequences: A conviction can affect employment, particularly in fields requiring licensing or security clearances

• Professional licensing: Many professional licensing boards take domestic violence convictions seriously

• Immigration consequences: For non-citizens, a domestic violence conviction can result in deportation

• Military consequences: For service members, a conviction can affect security clearance, career advancement, and retention

• Permanent criminal record: A conviction remains on your record permanently unless expunged or sealed

Protective Orders

When a domestic violence charge is filed, the court may issue a protective order. A protective order is a civil order that restricts your contact with the alleged victim. Protective orders can include:

• No-contact provisions: You cannot contact the alleged victim in person, by phone, or by electronic means

• Exclusive use of residence: You may be ordered to move out of the home

• Child custody restrictions: Your custody and visitation rights may be limited

• Firearm surrender: You may be required to surrender any firearms you possess

• Stay-away provisions: You may be ordered to stay away from the alleged victim’s home, workplace, and school

Violation of a protective order is a separate criminal offense that carries its own penalties.

Defending Against Domestic Violence Charges

A strong defense can mean the difference between a conviction and an acquittal, or between jail time and a dismissal. Common defense strategies include:

Challenging the Allegations

Your attorney may challenge:

• Whether the alleged conduct occurred: Disputing the facts of the case

• Whether the alleged conduct meets the legal definition: Arguing that the conduct does not constitute family violence

• Whether the alleged victim is credible: Pointing out inconsistencies or motives to lie

• Whether the alleged victim’s injuries are consistent with their account: Challenging the medical evidence

Self-Defense

If you acted in self-defense, you may not be guilty. Self-defense requires that:

• You reasonably believed you were in imminent danger of bodily injury

• You used only the amount of force necessary to protect yourself

• You did not provoke the confrontation

Defense of Others

Similarly, you may have the right to defend another person who was in danger.

Lack of Intent

Assault charges require intent, knowledge, or recklessness. If the alleged contact was accidental, you may not be guilty.

False Allegations

Unfortunately, false allegations of domestic violence are not uncommon. Motives for false allegations may include:

• Leverage in divorce or child custody proceedings

• Anger or revenge

• Fear of being accused of wrongdoing

• Mental health issues

Your attorney can investigate the circumstances, gather evidence, and present a compelling case that the allegations are false.

Mutual Combat

If both parties were engaged in a mutual fight, it may not be a domestic violence case. Texas law allows for mutual combat as a defense in certain circumstances.

The Role of the Alleged Victim

In domestic violence cases, the alleged victim often has complex motivations. The alleged victim may:

• Want the charges dropped: Many alleged victims want the case to go away, particularly if they are in a relationship with the accused

• Refuse to testify: Some alleged victims do not want to participate in the prosecution

• Recant their statement: Some alleged victims later recant their initial allegations

However, even if the alleged victim does not want to prosecute, the state can still proceed. The prosecutor can use:

• Prior statements: The alleged victim’s initial statements can be used as evidence

• 911 calls: Recordings of emergency calls are admissible

• Body camera footage: Police body camera footage often captures the alleged victim’s statements at the scene

• Medical records: Emergency room records can be used as evidence

• Witness testimony: Neighbors, family members, or others who witnessed the incident

The Domestic Violence Case Process

Understanding the process can help you navigate your case:

Step 1: Arrest

Law enforcement typically makes an arrest when responding to a domestic disturbance. Texas law requires officers to make an arrest if they have probable cause to believe family violence occurred.

Step 2: Filing of Charges

The district attorney reviews the case and decides whether to file formal charges. The decision is based on the evidence, the severity of the alleged conduct, and the alleged victim’s cooperation.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court may set bond conditions, which often include:

• No contact with the alleged victim

• Surrender of firearms

• GPS monitoring

Step 4: Protective Order Hearing

A protective order hearing may be held separately from the criminal case. At the hearing, the alleged victim seeks a protective order. You have the right to be represented by counsel and to present evidence.

Step 5: Discovery and Investigation

Your attorney obtains discovery from the prosecutor and conducts an independent investigation, including interviewing witnesses and gathering evidence.

Step 6: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution, such as:

• Dismissal of charges

• Deferred adjudication

• Pretrial diversion

• Reduced charges

Step 7: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove your guilt beyond a reasonable doubt.

Frequently Asked Questions About Domestic Violence Defense

What is the difference between family violence and assault?

Family violence is not a separate crime; it is a designation applied to certain assault offenses when they occur between family members, household members, or persons in a dating relationship.

Can I be arrested even if the alleged victim does not want to press charges?

Yes. Texas law requires officers to make an arrest if they have probable cause to believe family violence occurred, regardless of the alleged victim’s wishes.

What is a protective order?

A protective order is a civil court order that restricts your contact with the alleged victim. It may require you to stay away from the victim’s home, workplace, and school, and may require you to move out of your home.

What happens if I violate a protective order?

Violation of a protective order is a criminal offense. It can result in additional charges, arrest, and jail time.

Can I get my domestic violence case dismissed?

Yes. Cases can be dismissed if the evidence is insufficient, if the alleged victim refuses to cooperate, or if your attorney successfully challenges the state’s case.

What is deferred adjudication for domestic violence?

Deferred adjudication is a form of probation where the court does not enter a conviction if you successfully complete the terms of probation. Upon completion, the case is dismissed without a conviction.

Will I lose my guns if I am charged with domestic violence?

You may be required to surrender your firearms as a condition of bond or a protective order. A domestic violence conviction results in loss of the right to possess firearms under federal law.

How does domestic violence affect child custody?

A finding of family violence creates a presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation.

Can I get my record expunged after a domestic violence case?

Expungement may be available if your case was dismissed, you were acquitted, or you successfully completed deferred adjudication. However, certain domestic violence cases have waiting periods.

Do I need an attorney for a domestic violence case?

Yes. Domestic violence cases are complex and the consequences are severe. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Domestic Violence Defense

Domestic violence charges are among the most serious and complex cases in the criminal justice system. The consequences extend far beyond the courtroom—they affect your freedom, your family, your career, and your reputation. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against domestic violence charges in the Nueces County criminal courts.

Our attorneys understand the nuances of domestic violence law, the strategies for challenging evidence, and the importance of presenting a compelling defense. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that domestic violence cases often involve complex emotions and relationships. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights and their future.

Protect Your Freedom and Your Future Today

If you are facing domestic violence charges, your freedom, your family, and your future are on the line. Do not wait. The decisions you make now will determine the outcome of your case and the course of your life.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against domestic violence charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780