Dallas Domestic Violence Lawyer
One Firm for the Criminal, Family, & Immigration Consequences of a Family Violence Charge
In Texas, what most people call domestic violence is prosecuted as family violence under Texas Family Code Section 71.004. The distinction matters: it shapes how charges are filed, what penalties apply, and what collateral consequences follow. A single arrest can trigger criminal proceedings, protective orders affecting your housing and access to your children, and for non-citizens, immigration consequences. These can arise simultaneously. At Mathur Law Offices, P.C., we handle criminal defense, family law, and immigration law under one roof, so the full scope of a family violence charge can be addressed with coordinated legal guidance rather than piecemeal advice from separate attorneys.
Founded by Mr. Sanjay Mathur on the principle that every client deserves top-tier representation, our firm provides direct attorney involvement and personalized legal strategies in every matter we take on. If you’ve been arrested or charged with a family violence offense in Dallas, acting quickly matters. Evidence is time-sensitive, and protective order terms take effect immediately after issuance.
Call Mathur Law Offices, P.C. today at (888) 867-5191 or contact us online to schedule a consultation with a domestic violence attorney in Dallas.
How Texas Defines Family Violence
Texas Family Code Section 71.004 defines family violence as an act by a family or household member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the other member in fear of imminent harm. Texas law defines the covered relationships broadly: current and former spouses, parents of a shared child, blood relatives, relatives by adoption or marriage, current and former roommates, and current or former dating partners.
The Dallas County District Attorney’s Office maintains a dedicated Family Violence Division that prosecutes these cases aggressively. Prosecutors pursue charges even when the alleged victim does not want to proceed, and the complainant cannot unilaterally drop the case. Only the District Attorney’s Office can dismiss it, though an Affidavit of Non-Prosecution submitted by the complainant can be a factor in seeking dismissal.
The four primary charge types filed in Dallas County are:
- Assault Bodily Injury – Family Member (ABI-FM) under Texas Penal Code Section 22.01. This charge doesn’t require visible injuries; physical pain alone from being pushed or grabbed is sufficient.
- Aggravated Domestic Assault under Texas Penal Code Section 22.02, involving serious bodily injury or use of a deadly weapon.
- Continuous Family Violence under Texas Penal Code Section 25.11, which applies to two or more incidents against the same or different family members within a 12-month period.
- Assault by Strangulation under Texas Penal Code Section 22.01(b)(2)(B). Loss of consciousness isn’t required; applying pressure to the throat or neck is sufficient to support the charge.
Penalties for Family Violence Charges in Texas
The penalty range for family violence offenses in Texas is wide, and prior convictions escalate charges significantly. A prior family violence conviction, no matter how old, elevates a new ABI-FM charge from a Class A misdemeanor to a third-degree felony.
The full penalty spectrum:
- Class C Misdemeanor: Fine up to $500, no jail time.
- Class A Misdemeanor (first-offense ABI-FM): Up to one year in county jail and a fine up to $4,000.
- Third-Degree Felony (ABI-FM with prior conviction, Continuous Family Violence, or first-offense Assault by Strangulation): 2 to 10 years in prison, fine up to $10,000.
- Second-Degree Felony (Aggravated Domestic Assault or second-offense Assault by Strangulation): 2 to 20 years in prison, fine up to $10,000.
- First-Degree Felony (Aggravated Domestic Assault with a deadly weapon and serious bodily injury): 5 to 99 years or life in prison, fine up to $10,000.
Sentences may also include mandatory counseling, community supervision, and probation conditions. For qualifying misdemeanor defendants, Dallas County offers the Intercepted Diversion Program. Candidates must be under 25 with no prior assault or violent offenses. Successful completion of the nine-month program may result in dismissal without a conviction.
Protective Orders & Collateral Consequences
A family violence arrest in Dallas can produce consequences that reach well beyond the criminal case at the Frank Crowley Courts Building. Protective orders can be issued rapidly, imposing immediate restrictions on contact, residence, and access to children before any verdict is reached. Violating a protective order is a separate criminal offense with its own penalties.
The collateral consequences of a family violence conviction, or even a deferred adjudication, touch nearly every area of life:
- Firearms: Under federal and Texas law, a conviction or deferred adjudication for a family violence offense can permanently prohibit possession or purchase of firearms, including misdemeanor convictions.
- Immigration: Domestic violence offenses are treated as crimes involving moral turpitude and crimes of domestic violence under federal immigration law. For non-citizens, a conviction can lead to deportation, denial of naturalization, or inadmissibility.
- Child Custody: A family violence finding carries significant weight in Texas family court custody and visitation determinations.
- Professional Licensing: Licensing boards in healthcare, education, real estate, and other regulated fields can act on family violence convictions or arrests.
- Employment and Housing: Background checks routinely surface family violence convictions, creating barriers to employment and rental housing.
For clients who are non-citizens, our immigration law practice allows us to address criminal and immigration consequences together, not as separate problems handled by separate attorneys.
Defenses Against Family Violence Charges in Dallas
At Mathur Law Offices, P.C., we investigate the specific circumstances of each case before building a defense strategy. The right approach depends on the evidence, the relationships involved, and the charge type. Defense strategies we pursue include:
- Self-Defense: Texas law permits the use of reasonable force to protect against another person’s use or attempted use of unlawful force. A valid self-defense claim can constitute a complete defense to the charge.
- False Allegations: Family violence accusations sometimes arise from custody disputes, divorce proceedings, or personal conflicts. Investigating the complainant’s credibility, motive, and prior statements is a central defense avenue in these situations.
- Lack of Evidence: The prosecution must prove every element beyond a reasonable doubt. Many cases rest entirely on the complainant’s statement with no corroborating witnesses, photographs, or medical records. We scrutinize the prosecution’s evidence from the outset.
- Constitutional Violations: If law enforcement violated your rights during the arrest or investigation, we can seek to suppress evidence or pursue dismissal of the charges.
- Lack of Intent: Assault under Texas Penal Code Section 22.01 requires intentional, knowing, or reckless conduct. An injury resulting from an accident doesn’t meet that standard.
- Stand Your Ground and Castle Doctrine: Texas law provides protections in certain circumstances where force is used in defense of self or property.
Direct attorney involvement means your defense strategy is built and executed by the attorney on your case, not delegated. We tailor every approach to your specific circumstances, goals, and long-term interests.
Why Dallas Clients Choose Mathur Law Offices, P.C.
Family violence charges create legal exposure across multiple areas of life at once. Mathur Law Offices, P.C. handles criminal defense, family law, and immigration law under one roof, which means we can address the criminal charge, protective order disputes, custody impacts, and immigration concerns without fragmenting your representation across firms. Mr. Sanjay Mathur founded this firm on the belief that every client deserves top-tier representation. This translates to documented case victories across practice areas, direct attorney involvement in every matter, and legal strategies built around each client’s individual situation. We handle state and federal matters and serve clients throughout Dallas and across North Texas, including Denton.
Speak with a Domestic Violence Lawyer in Dallas Today
If you or someone you know is facing a family violence charge in Dallas, the decisions made in the early hours and days of a case can shape the direction of the matter. Protective orders take effect immediately, evidence can be time-sensitive, and the Dallas County District Attorney’s Family Violence Division moves quickly. We provide direct attorney attention from the first contact and work to protect your rights at every stage of the process.
Contact Mathur Law Offices, P.C. today to schedule a consultation, or call our domestic violence attorney in Dallas at (888) 867-5191.
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What to Expect From Mathur Law Offices, P.C.
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Genuine Care:We offer all clients compassion and genuine service.
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Local Support:Our attorneys and staff live and work in your community.
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You Are Our Focus:
We make your needs the top priority at our firm.
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Experience & Versatility:Our team has professional experience and versatility to ensure we have the tools to handle the unique aspects of your case.
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Attorney-Handled Cases:Your case will be handled personally by one of our skilled attorneys, not passed off to support staff.
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Quality Work:We prioritize quality over quantity.
Trusted Recommendations From Our Clients
Testimonials or endorsements do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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"Your team's meticulous attention to detail, prompt communication, and compassionate approach have truly made a positive impact on my experience."- S.S.
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"I came looking for a lawyer but walking out gaining a friend for life."- J.M.
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"My excitement was really elevated, the very first meeting l had with Julio."- T.M.
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