In Tarrant County, a domestic violence or family violence arrest often moves faster than people expect. A single argument, a 911 call made in the heat of the moment, or a situation where both people claim self-defense can still lead to criminal charges that prosecutors take seriously from the start.
We defend assault family violence cases ranging from first-time misdemeanor charges to felony strangulation and continuous violence allegations in Tarrant County courts. These cases often turn on early decisions made within hours of arrest, before most people have had a chance to understand the process.
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What Texas family violence law actually covers
Texas defines family violence under Texas Family Code Section 71.004 as an act by a family or household member against another that is intended to cause physical harm, bodily injury, or assault, or that constitutes a threat reasonably placing the other person in fear of imminent harm.
The definition extends to spouses, former spouses, parents, children, people who share a household, and dating partners. Even disputes between roommates can qualify if they involve threats or conduct that places someone in reasonable fear of imminent harm.
The underlying criminal charge almost always stems from Texas Penal Code Section 22.01, the assault statute. What elevates it to a family violence charge is the relationship between the parties. That relationship then triggers a separate set of enhancements, collateral consequences, and procedural rules that make these cases significantly more complicated than a standard assault charge.
Understanding exactly which charge applies and what the state must prove for each one is where experienced defense begins. Our domestic violence attorneys in Fort Worth review the relationship, the alleged conduct, and the prior record before anything else. Those three variables determine the entire landscape of the case.
Charges and penalties under the Texas Penal Code
Texas domestic violence charges range from a Class A misdemeanor to a first-degree felony, depending on the nature of the assault, any prior family violence history, and specific aggravating factors. Knowing exactly which charge applies and what the state must prove for each one is the foundation of a strong defense.
Class A misdemeanor assault, family violence
Most family violence cases in Texas start here. The penalties include up to one year in county jail and a fine of up to $4,000.
Texas law defines bodily injury broadly under Section 1.07(a)(8) as any physical pain, illness, or impairment of physical condition. A bruise, a scratch, or temporary pain from a single contact is enough to support this charge. The low threshold for what qualifies makes many cases built on disputed facts highly defensible.
Third-degree felony based on prior conviction or strangulation
A family violence assault becomes a third-degree felony in two situations. First, if the defendant has a prior family violence conviction, the new charge automatically elevates under Texas Penal Code Section 22.01(b).
Second, if the assault involves strangulation or suffocation, meaning the defendant intentionally, knowingly, or recklessly impeded the normal breathing or circulation of blood by applying pressure to the throat or neck or by blocking the nose or mouth, the charge is a third-degree felony even on a first offense with no prior criminal history. A third-degree felony in Texas carries 2 to 10 years in prison and a fine of up to $10,000.
Second-degree felony based on strangulation with a prior conviction
When strangulation occurs in a family violence case, and the defendant has a prior family violence conviction, the charge can be elevated to a second-degree felony under Texas Penal Code § 22.01(b-3). This classification applies when the current offense involves impeding breathing or circulation and a qualifying prior conviction exists.
A second-degree felony is punishable by two to twenty years in prison and a fine of up to $10,000. In Tarrant County, these cases are prioritized by prosecutors and typically proceed with heightened scrutiny due to their severity and repeat-offense nature.
Aggravated domestic assault
Under Texas Penal Code § 22.02, aggravated assault becomes a second-degree felony when a person causes serious bodily injury or uses or exhibits a deadly weapon during the offense, including when the victim is a family or household member.
The charge is generally a second-degree felony unless specific aggravating factors apply. It can be elevated to a first-degree felony when the assault involves serious bodily injury to a protected person under circumstances such as the use of a deadly weapon or other statutory enhancements. First-degree felony punishment ranges from five to ninety-nine years or life imprisonment.
Continuous violence against the family
Texas Penal Code Section 25.11 creates a standalone felony offense for defendants who commit two or more assaults against a family or household member within a twelve-month period. Prosecutors do not need prior convictions or arrests.
The two assaults do not have to be committed against the same person. Continuous violence against the family is a third-degree felony carrying two to ten years in prison. This charge is often filed alongside individual assault counts and is one of the most serious pattern-based charges our Fort Worth domestic violence defense attorneys handle in Tarrant County courts.
Protective orders and what violating one means
When a family violence charge is filed in Tarrant County, prosecutors or the court will often move quickly to put a protective order in place. This order can prohibit all contact with the complainant and bar you from your own home, sometimes within hours of arrest and before any formal hearing takes place.
Violating a protective order is its own criminal offense under Texas Penal Code Section 25.07. A first violation is typically a Class A misdemeanor, carrying up to one year in jail and a fine of up to $4,000. If you have two or more prior convictions for protective order violations, or if the violation involved an assault or stalking of the protected person, the charge elevates to a third-degree felony. Prosecutors in Tarrant County treat protective order violations as evidence of continuing danger and rely on them heavily at bail hearings and at trial.
Beyond the criminal exposure, a family violence finding can affect firearm rights under federal law, custody and visitation proceedings in family court, immigration status for non-citizens, and professional licensing. These consequences run parallel to the criminal case and require their own strategy.
If a protective order has been issued against you, call Sloane Law Firm at (817) 810-0088 before making any contact with the protected party. A single text message can result in a new criminal charge.
How we defend family violence charges in Tarrant County
At Sloane Law Firm, we build every family violence defense around the specific facts of the case, the relationship between the parties, and the evidence the state actually has. Tarrant County prosecutors pursue these cases even when the complainant recants or refuses to cooperate. The state can proceed with a prosecution using police reports, 911 recordings, medical records, and witness testimony alone, which is why we analyze the full evidentiary picture from day one.
Challenging the evidence of injury
Texas law sets a low bar for bodily injury, but prosecutors still have to prove it. We examine medical records, photographs, and officer observations closely. If the alleged injury is inconsistent with the account given or if the documentation is sparse, those gaps become part of the defense. In cases where the complainant has a motive to exaggerate, we build that context into the record early.
Recantation and complainant credibility
When a complainant recants, prosecutors often argue the recantation itself is a product of pressure or fear and press forward anyway. We do not simply present the recantation and expect it to end the case. We work to understand the full relationship history, document the circumstances of the original report, and examine whether the state’s remaining evidence can sustain a conviction without the complainant’s cooperation.
Self-defense and mutual combat
Texas law recognizes the right to use force to defend against another’s unlawful force under Texas Penal Code Section 9.31. When the evidence shows that both parties engaged in physical conduct or that the defendant was responding to an attack, self-defense becomes a central argument.
We gather all available evidence, including prior 911 calls, medical records for both parties, and witness accounts, to build a complete picture of what actually happened.
Strangulation charge defenses
Strangulation charges often rest entirely on a complainant’s account with little or no physical evidence. Visible petechiae, redness, or bruising on the neck may or may not be present. We retain medical experts when necessary to challenge whether physical findings are consistent with the alleged conduct, and we scrutinize the chain of custody on any forensic evidence the state intends to use at trial.
Deferred adjudication and alternative outcomes
In appropriate cases, deferred adjudication allows a defendant to complete a probation term without a formal conviction going on their record. However, in Texas, family violence cases that result in deferred adjudication still carry a finding of family violence, which affects future charges, firearm rights, and custody matters.
We evaluate deferred adjudication carefully with each client as a strategic decision, with the long-term implications fully understood before any agreement is made.
If you are facing family violence charges in Fort Worth, call Sloane Law Firm at (817) 810-0088 to discuss which defense strategy fits your case. Our attorneys regularly appear in Tarrant County courts and understand how local prosecutors approach these charges.
Frequently asked questions about domestic violence charges in Fort Worth, Texas
Can a domestic violence charge be dropped if the victim recants in Texas?
Not automatically. Tarrant County prosecutors can pursue a family violence case without the complainant’s cooperation using police reports, 911 recordings, photographs, and other evidence. A recantation changes the case but does not end it. The prosecution’s decision to proceed depends on the strength of the remaining evidence. A defense attorney can evaluate what the state actually has and build a strategy accordingly.
Is a first-time family violence charge a felony in Texas?
A first-time assault family violence charge causing bodily injury is a Class A misdemeanor under Texas Penal Code Section 22.01. A conviction also carries a formal family violence finding, which has long-term legal consequences beyond the sentence.
However, strangulation in a family violence context elevates assault under Texas Penal Code § 22.01(b)(2)(B) to a third-degree felony. The nature of the alleged conduct, not just criminal history, determines the charge level from the start.
What are the long-term consequences of a family violence conviction in Texas?
A family violence conviction carries consequences well beyond jail time and fines. Under federal law, a misdemeanor family violence conviction permanently bans firearm possession. It can affect custody and visitation rulings in family court, trigger immigration consequences for non-citizens, and limit professional licensing options. These collateral consequences make the case’s resolution just as important as the sentence itself.
What should I do if I was arrested for family violence in Fort Worth?
Do not contact the other party, even if a protective order has not yet been formally served. Do not discuss the incident with the police beyond identifying yourself. Invoke your right to counsel immediately and contact Sloane Law Firm at (817) 810-0088. The first hours after an arrest shape the trajectory of the entire case. Early intervention gives us the most options.
Can a family violence charge be expunged in Texas?
Expungement is available for family violence arrests that did not result in a conviction and for charges that were dismissed or resulted in an acquittal. A conviction, including deferred adjudication that carried a family violence finding, is not eligible for expungement. Non-disclosure (record sealing) is also severely restricted for family violence cases and is unavailable in most circumstances, even after deferred adjudication. If you believe you may qualify, a petition must be filed in the court of conviction, and waiting periods apply depending on the offense class. An attorney can review your specific outcome and confirm exactly what relief, if any, is available to you.
Speak with a Fort Worth domestic violence attorney at Sloane Law Firm today
Family violence charges in Tarrant County move fast. Bond conditions, protective orders, and case strategy decisions all happen within the first 24 to 72 hours. Waiting to retain counsel compresses your options at the exact moment they matter most.
With more than 50 years of combined criminal defense experience, our attorneys have handled family violence cases at every level of Tarrant County’s courts. Call Sloane Law Firm at (817) 810-0088 or come to 933 W Weatherford St, Suite 203 in Fort Worth. Do not wait. The decisions made in the first 24 hours shape everything that follows.