Domestic Violence Defense Lawyer in Austin, Texas
Over 20 Years of Defending Clients Against False Accusations in Austin & San Antonio
Facing domestic violence charges in Texas is a serious matter that can have life-altering consequences, including jail time, protective orders, and lasting damage to your reputation. At Peek Law Group, our Board-Certified criminal defense lawyers in Austin have been protecting the rights of Texans since 1996, providing strategic, aggressive representation for individuals accused of domestic violence in Travis, Hays, and Williamson counties, and throughout Texas.
Texas law takes domestic violence allegations seriously, but those accused have the right to a strong defense. Common legal defenses include self-defense, defense of others, and lack of intent, but every case is unique. Our experienced, bilingual legal team understands the complexities of these cases and works tirelessly to protect your rights. Whether we seek to have your charges reduced or dismissed, fight for an acquittal at trial, or negotiate a favorable plea agreement, we will pursue the best possible outcome for your future.
With nearly 500 five-star client reviews and a proven track record of success, we are committed to providing the highest legal representation. If you have been accused of domestic violence, do not wait to seek legal counsel. Call (512) 474-4445 or complete our online form today to schedule a confidential consultation with our Austin domestic violence defense attorneys at Peek Law Group.
Understanding Domestic Violence Charges in Texas
In Texas, domestic violence laws are broad and cover various offenses involving alleged harm or threats between individuals in certain relationships.
Under Texas Penal Code § 22.01, domestic violence charges can be filed against individuals accused of committing an act of violence against:
- A spouse or ex-spouse.
- A current or former dating partner.
- A family member by blood or marriage.
- A household member (including roommates).
- A co-parent of a child.
Even minor incidents or misunderstandings can lead to serious criminal charges. Texas law enforcement agencies are required to arrest if they believe violence has occurred, even if the alleged victim does not want to press charges. This makes it critical to have a strong legal defense immediately after an arrest or accusation. We can help.
Contact our skilled Austin domestic violence defense attorneys today to learn how.
What are the Different Types of Domestic Violence Charges in Texas?
Texas categorizes domestic violence into three primary offenses, each carrying severe penalties depending on the circumstances:
Domestic Assault (Misdemeanor or Felony)
Domestic assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to a family or household member.
- Threatens imminent bodily harm.
- Engages in offensive or provocative physical contact.
If prior convictions exist, penalties can range from a Class A misdemeanor (up to 1 year in jail and a $4,000 fine) to a third-degree felony (2 to 10 years in prison).
Aggravated Domestic Assault (Felony)
If serious bodily injury occurs or a deadly weapon is used in the alleged assault, the charge escalates to aggravated domestic assault, a second-degree felony punishable by 2 to 20 years in prison and up to a $10,000 fine.
Continuous Family Violence (Felony)
If an individual is accused of committing two or more domestic violence offenses within 12 months, they may be charged with Continuous Family Violence, a third-degree felony. Prior convictions can enhance penalties to life-altering consequences.
If you face these charges, you need aggressive legal defense immediately. Contact Peek Law Group at (512) 474-4445 to discuss your options.
Defending Against Domestic Violence Charges in Texas
A domestic violence conviction can have permanent consequences, including a criminal record, loss of gun rights, restraining orders, and child custody disputes. At Peek Law Group, our skilled Austin domestic violence defense attorneys aggressively challenge the prosecution’s case and pursue reduced or dismissed charges.
Common defense strategies include:
- Self-Defense: Demonstrating that you acted reasonably or protected another person from harm.
- False Allegations: Proving that the accusations are exaggerated, motivated by revenge, or fabricated.
- Lack of Evidence: Challenging inconsistent witness statements, unreliable testimony, and insufficient physical evidence.
- Lack of Intent: Showing that the alleged act was accidental or unintentional, which does not meet the legal standard for a conviction.
Each case is unique, and our Austin domestic violence defense attorneys will carefully analyze every aspect of your case to build the most vigorous possible defense.
Can An Alleged Victim Drop Domestic Violence in Texas?
In Texas, an alleged victim cannot unilaterally drop domestic violence charges. Once law enforcement is involved and an arrest is made, the case is in the hands of the state prosecutor.
Why Can’t the Alleged Victim Drop the Charges?
- State Control Over Prosecution – Domestic violence cases are considered crimes against the state, not just private disputes. The district attorney (DA) decides whether to proceed with or dismiss the case.
- Mandatory Arrest and No-Drop Policies – Texas has aggressive prosecution policies to prevent coercion or intimidation that might lead an alleged victim to withdraw.
- Victim Recantation Doesn’t Automatically Dismiss the Case – Even if the alleged victim refuses to testify or changes their statement, prosecutors can still move forward with other evidence.
What Should Someone Accused of Domestic Violence Do?
- Hire a Criminal Defense Attorney – An experienced lawyer can work to negotiate with the DA, challenge the evidence, or seek a case dismissal.
- Avoid Contact with the Alleged Victim – Violating protective orders can worsen the situation.
- Prepare for Court – Even if the alleged victim wants the case dropped, the state may still prosecute.
If you’ve been accused of domestic violence in Texas, you need to act quickly to protect your rights and your future. Hire an experienced criminal defense attorney who can negotiate with the prosecutor, challenge the evidence, and work toward a case dismissal.
Avoid contact with the alleged victim, as violating protective orders can worsen your situation. Be prepared for court, even if the alleged victim wants to drop the charges—prosecutors may still pursue the case. Don’t face this alone—contact our skilled Austin domestic violence defense attorney today to start building your defense.
What Happens If You Are Arrested for Domestic Violence in Texas?
If you are arrested for domestic violence in Austin, it is essential to understand what happens next and how to protect your rights.
The legal process after an arrest includes:
- Booking & Bail: After your arrest, you will be taken into custody and booked, and you may need to post bail for release.
- Protective Orders: A temporary restraining order may be issued against you, restricting contact with the alleged victim. Violating this order can result in additional criminal charges.
- Court Appearances: You must attend multiple court hearings, where our attorneys will fight to dismiss charges, negotiate plea deals, or take the case to trial.
- Potential Penalties: If convicted, you could face jail time, probation, fines, mandatory counseling, and a permanent criminal record.
Do not navigate this process alone. The earlier we intervene, the better the chances of reducing or dismissing your charges. Call (512) 474-4445 today to get started on your defense.
Protecting Your Future: Why Choose Peek Law Group?
At Peek Law Group, false accusations, misunderstandings, and unfair prosecutions always happen. Our team has defended tens of thousands of clients, earning nearly 500 five-star reviews for our dedication to justice.
Here’s why clients trust us:
- Board Certified Criminal Defense Attorneys with decades of experience in Texas domestic violence cases
- Proven Track Record of Success in getting charges reduced, dismissed, or acquitted
- Bilingual Legal Representation to ensure clear communication in English and Spanish
- Aggressive Trial Lawyers who are not afraid to fight for your rights in court
- Flexible Payment Plans so that financial concerns don’t prevent you from getting strong legal representation
If you or a loved one is facing domestic violence charges in Austin, you need experienced legal counsel to protect your future. Bottom of Form
At Peek Law Group, We Also Represent The Following Practice Areas:
Contact Our Domestic Violence Attorneys in Austin, Texas Today
A domestic violence charge in Texas is serious and can have lasting consequences on your freedom, reputation, and future. Even if the alleged victim wants to drop the charges, the decision is ultimately in the hands of the prosecutor. That means you need a strong legal advocate on your side from the very beginning.
We understand how overwhelming and stressful these charges can be. Our experienced Austin criminal defense attorneys are ready to examine the evidence, challenge the prosecution’s case, and fight for the best possible outcome. Whether negotiating a dismissal, securing reduced charges, or defending you in court, we are committed to protecting your rights every step of the way.
Don’t wait until it’s too late. The sooner you take action, the better your chances of a favorable result. Call (512) 474-4445 or complete our online form to schedule a confidential consultation with a top-rated, bilingual Austin domestic violence defense attorney at Peek Law Group today.
Related Readings:
For a FREE consultation with an Austin domestic violence defense attorney near you, call (512)-474-4445 or use our online contact form.
Español
