Most people charged with domestic violence in Fort Worth never saw it coming. One phone call to 911, one argument that got out of hand, and suddenly your name is attached to a criminal case. A Fort Worth domestic violence lawyer who understands how Tarrant County prosecutors operate is the difference between reacting to the charges and getting ahead of them.
At Fulgham Hampton Criminal Defense Attorneys, five of our seven attorneys are former Tarrant County prosecutors. We know how family violence cases are built in this county, what the DA's office looks for, and where these cases fall apart. We handle domestic violence defense every day across Fort Worth, Arlington, Bedford, Southlake, and Weatherford.
Call us now at 817-877-3030 for a free consultation and get clear guidance on your next steps.
How Fulgham Hampton Fights Family Violence Charges in Fort Worth
Our legal team has defended hundreds of domestic violence cases in Tarrant County criminal courts. Our approach is shaped by something most defense firms do not have: direct experience inside the Tarrant County District Attorney's Office.
Former Prosecutors on Your Side
Five of our attorneys previously worked as prosecutors in Tarrant County. We evaluated 911 calls, reviewed body camera footage, interviewed witnesses, and presented family violence cases to judges and juries. That background gives us a practical read on how the prosecution builds its case and where the weak points tend to appear.
Depth of Courtroom Experience
Our attorneys have taken more than 500 cases to a jury trial and bring over 100 years of collective criminal law experience. Whether a case involves a misdemeanor assault charge or a felony-level allegation with prison exposure, we build the defense strategy around the specific facts, not a one-size-fits-all approach.
Moving Fast When It Matters
Family violence cases move on a short timeline. Evidence that supports your side of the story, such as text messages, surveillance footage, and witness recollections, starts to fade quickly. We act early to preserve that evidence, push back on the prosecution's version of events, and challenge protective orders before they become harder to modify.
Hear From Our Clients
What Qualifies as Domestic Violence Under Texas Law
Texas does not have a standalone domestic violence statute. Family violence charges fall under the state's assault laws, primarily Texas Penal Code § 22.01, combined with relationship definitions from the Texas Family Code. Whether a standard assault charge becomes a family violence offense depends entirely on the relationship between the accused and the alleged victim.
Who Counts as a Family Member
Texas defines family violence broadly, and the label applies to far more relationships than most people expect. The following connections may trigger a family violence designation on an assault charge:
- Current or former spouses, parents of the same child, or people related by blood or marriage
- Current or former members of the same household, whether related or not
- People in a current or former dating relationship
- Foster parents, foster children, and other members of an extended household unit
That broad definition means a charge involving a roommate, an ex-partner you no longer live with, or even a former dating relationship may carry the same legal weight as a spousal assault.
Domestic Violence Charges and Penalties in Tarrant County
The punishment range for a family violence offense depends on the specific charge, your criminal history, and the nature of the alleged conduct. Judges in Tarrant County treat these matters with heightened scrutiny, and prosecutors rarely offer lenient plea agreements without significant pressure from the defense.
Misdemeanor Family Violence Charges
Assault bodily injury against a family member is a Class A misdemeanor under Texas Penal Code § 22.01. A conviction carries up to one year in the county jail and a fine of up to $4,000. Assault by contact against a family member, where no physical injury occurred but the contact was offensive, is a Class C misdemeanor punishable by a fine of up to $500.
Even a Class C conviction creates a permanent record with the family violence finding attached, which triggers collateral consequences discussed later on this page.
Felony Family Violence Charges
Texas law provides several pathways for a domestic violence charge to reach felony level, and each one raises the stakes significantly.
- Assault bodily injury with a prior family violence conviction or deferred adjudication becomes a third-degree felony, punishable by 2 to 10 years in prison and up to a $10,000 fine.
- Assault impeding breath or blood circulation of a family member, sometimes referred to as strangulation, is a third-degree felony under Texas Penal Code § 22.01(b)(2)(B), carrying the same 2-to-10-year range.
- Aggravated assault of a family member, involving serious bodily injury or use of a deadly weapon, is a second-degree felony punishable by up to 20 years in prison and up to a $10,000 fine.
- Continuous violence against the family under Texas Penal Code § 25.11 applies when two or more domestic assaults occur within a 12-month period and is a third-degree felony.
A single incident that begins as a misdemeanor-level argument between family members may quickly become a felony prosecution with prison exposure, depending on the facts and your prior record.
Why the Alleged Victim Cannot Drop Domestic Violence Charges
One of the most common misconceptions about family violence cases in Texas is that the alleged victim holds the power to have the charges dropped. That is not how the process works in Tarrant County or anywhere else in the state.
The Prosecutor Controls the Case
Once police respond to a domestic violence call and file a report with the District Attorney's Office, the decision to prosecute belongs to the state. The alleged victim becomes a witness, not a party who controls the outcome.
Even if the complainant recants, wants to reconcile, or refuses to cooperate, the prosecutor may still move forward using 911 recordings, body camera footage, photographs of injuries, and statements from neighbors or other witnesses. The state does not need the alleged victim's testimony to proceed.
No-Drop Prosecution Policies
Many Texas prosecutors, including those in Tarrant County, follow a no-drop policy for family violence cases. This policy reflects the state's position that domestic violence affects public safety and that alleged victims may face pressure to recant.
As a result, the DA's office frequently proceeds with cases even when the alleged victim actively opposes prosecution. A defense attorney must be prepared to fight the case on the merits, regardless of the complainant's wishes.
Hidden Consequences of a Family Violence Conviction in Texas
The penalties listed on paper only tell part of the story. A family violence conviction, or even certain plea agreements, carry collateral consequences that many people do not discover until months or years later. These long-term impacts often cause more damage than the original sentence.
Federal Firearm Ban
Under 18 U.S.C. § 922(g)(9), a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing any firearm or ammunition. This is a federal prohibition that applies everywhere in the United States, not just in Texas.
For residents of North Texas who hunt, who work in law enforcement or security, or who keep firearms for home protection, this consequence alone may change the course of your life.
Impact on Child Custody and Family Court
Texas family courts consider domestic violence findings when making custody and visitation decisions. A family violence conviction or protective order may lead a judge to restrict your access to your children, limit your custody rights, or impose supervised visitation.
These family court consequences often outlast the criminal case itself and may affect your parental rights for years.
No Record Sealing for Family Violence Offenses
Texas law does not permit non-disclosure, which is the state's version of record sealing, for any offense that includes a family violence finding. Unlike many other misdemeanor convictions, a domestic violence conviction remains fully visible on background checks indefinitely.
This affects employment, housing applications, professional licensing, and your standing in the community. The only path to removing a family violence charge from your record is an expunction, which requires a dismissal, acquittal, or similar qualifying outcome.
Enhancement of Future Charges
A prior family violence conviction or deferred adjudication allows prosecutors to charge any new domestic assault as a third-degree felony. This enhancement applies even if the original offense was a misdemeanor resolved through deferred adjudication, a fact that catches many people off guard.
Because of this enhancement rule, the outcome of today's case directly affects your exposure in any future allegation.
How Protective Orders Affect Your Domestic Violence Case
Protective orders are a standard feature of family violence cases in Tarrant County. They may restrict where you live, who you contact, and whether you have access to your own children. Violating one creates new criminal charges on top of the original domestic assault allegation.
Types of Protective Orders in Texas
Courts issue several types of protective orders in domestic violence cases, each with different timelines and implications.
- Emergency Protective Orders (EPOs) are often issued at the time of arrest and may last 31 to 91 days without any hearing or input from the accused.
- Temporary Ex Parte Orders are issued by a judge based solely on the alleged victim's petition, before the accused has an opportunity to respond.
- Final Protective Orders come after a hearing and may last up to two years, or longer in cases involving serious bodily injury or repeat offenses.
A violation of a protective order under Texas Penal Code § 25.07 is a Class A misdemeanor. A second violation within 12 months becomes a third-degree felony. The stakes compound quickly, which is why having a Fort Worth domestic violence lawyer involved from the beginning of your case matters.
Defenses That Work in Fort Worth Family Violence Cases
Every domestic violence case has its own set of facts, but experienced criminal defense attorneys in Tarrant County regularly identify the same categories of weaknesses in the prosecution's evidence. A strong defense starts with understanding which of these apply to your situation.
Lack of Bodily Injury
Texas assault law requires the prosecution to prove that the accused caused bodily injury, which the statute defines as physical pain. When the alleged victim has no visible injuries and no medical records support the claim of pain, this element becomes difficult for the state to prove beyond a reasonable doubt.
No Evidence of Criminal Intent
Accidental contact that results in injury is not domestic assault under Texas law. The prosecution must prove that the accused acted intentionally or knowingly. If the contact happened during a struggle to leave the room, while pulling away, or through some other unintentional act, the intent element may fail.
Self-Defense
Texas recognizes self-defense as a legal justification for the use of force. If you acted to protect yourself from a family member's physical aggression, self-defense may serve as a complete defense to the charge. The question for the jury is whether the force you used was reasonable under the circumstances you faced.
Insufficient or Contradictory Evidence
Many domestic violence arrests happen in chaotic, emotionally charged situations. Officers arrive, hear conflicting accounts, and make a quick decision about who to arrest. A thorough review of 911 recordings, body camera footage, witness statements, and the alleged victim's own inconsistencies may reveal significant gaps in the state's case.
Affidavit of Non-Prosecution
While the alleged victim has no authority to drop the charges, a sworn affidavit of non-prosecution may still influence the outcome. When the complainant provides a written statement recanting or clarifying the original account, a defense attorney may use it as leverage in negotiations or present it to the grand jury in felony-level cases.
The strength of any defense depends on how early your attorney gets involved and how thoroughly the evidence is reviewed. Waiting gives the prosecution time to lock in its version of events while your options narrow.
FAQs for Fort Worth Domestic Violence Lawyers
Is domestic violence a felony or misdemeanor in Texas?
It depends on the facts and your criminal history. A first-time assault bodily injury against a family member is typically a Class A misdemeanor. The charge rises to a third-degree felony if you have a prior family violence conviction or deferred adjudication, if the alleged conduct involved impeding breath or circulation, or if a deadly weapon was involved.
What happens if the alleged victim wants to drop the charges?
The alleged victim does not have the legal authority to drop or dismiss a family violence case in Texas. Once the District Attorney's Office files charges, the prosecutor alone decides whether to continue or dismiss the case. The alleged victim's wishes are one factor, but not the deciding one.
How long does a domestic violence case take in Tarrant County?
Misdemeanor family violence cases typically take between three and twelve months to resolve, depending on the complexity of the evidence, whether a plea agreement is reached, or whether the case goes to trial. Felony cases take longer because they must go through the grand jury process before reaching a trial court.
Does a domestic violence charge affect gun rights in Texas?
Yes. A conviction for a misdemeanor crime of domestic violence triggers a federal firearm prohibition under 18 U.S.C. § 922(g)(9). This ban applies permanently and covers possession of any firearm or ammunition anywhere in the United States.
What is an affidavit of non-prosecution in a domestic violence case?
An affidavit of non-prosecution is a sworn written statement from the alleged victim requesting that the state not pursue the case. While this document does not force the prosecutor to dismiss the charges, it may be used as part of a defense strategy, particularly in negotiations or grand jury presentations.
Take Action Now to Protect Your Future With a Fort Worth Domestic Violence Lawyer
Every day that passes without legal representation gives the prosecution more time to build its case against you. Recorded statements and body camera footage remain unchanged, but your ability to challenge them becomes more limited as time goes on. Protective orders can become harder to modify, bond conditions may grow more restrictive, and the opportunity to preserve evidence that supports your side of the story continues to narrow.
Fulgham Hampton Criminal Defense Attorneys brings together a team of former Tarrant County prosecutors who have handled hundreds of family violence cases in local courts. That experience on both sides of the courtroom shapes a practical and aggressive approach to defending your rights, your freedom, and your family relationships. Contact us today at 817-877-3030 for a free consultation.