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Sherman Domestic Violence Lawyer

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Sherman Domestic Violence LawyerA family violence arrest in Sherman can escalate quickly. Officers responding to a disturbance call often make an arrest when there is probable cause, and an emergency protective order may be issued that restricts access to your home before you have had an opportunity to present your account of what occurred. Even before any conviction, the allegation alone can have serious consequences for employment and custody or visitation arrangements with your children.

At Pelley Law Office, our Sherman domestic violence lawyer team has defended these cases in Grayson County courts for decades, and we know how local prosecutors build them. Call 214-560-1919  for a free consultation, or contact us online to schedule your case evaluation today.

Why Trust Pelley Law Office With a Family Violence Charge?

Why Trust Pelley Law Office With a Family Violence Charge?Domestic violence cases in Sherman are won on details: the 911 audio, the bodycam footage, the inconsistencies between a written statement and live testimony. Our attorneys dig into each of those pieces because the State’s case often looks far weaker under scrutiny than it does in the police report.

Our Sherman criminal defense team has secured reductions and case dismissals for clients facing assault allegations across North Texas, including cases where the complaining witness later recanted. Our firm also handles the protective order hearing, which usually runs alongside the criminal charge, so one team manages both cases instead of two.

Who Can Be Charged With Domestic Violence Offenses?

Who Can Be Charged With Domestic Violence Offenses?Texas defines the protected relationship broadly, so these charges reach well past spouses. Under Texas Family Code § 71.004, family violence covers acts against family, household members, and dating partners. People commonly charged include the following:

  • Current and former spouses
  • Dating partners, past or present
  • Parents of the same child
  • Roommates and former household members
  • Parents, children, and other relatives by blood or marriage

The relationship element matters because it transforms an ordinary assault into a family violence case. That single finding triggers consequences a standard assault does not carry, including a federal firearm ban and enhancement of any future allegation into a felony.

What Types of Family Violence and Assault Charges Exist in Texas?

What Types of Family Violence and Assault Charges Exist in Texas?Texas does not have a single crime called “domestic violence.” Prosecutors instead file assault charges with a family violence finding attached, and the level of the charge depends on the alleged conduct, the injuries claimed, and your record. Our Sherman domestic violence lawyers see three main tiers.

Misdemeanor Domestic Violence in Texas

Most first arrests are filed as Class A misdemeanor assault under Texas Penal Code § 22.01, which covers causing bodily injury to a family or household member. A conviction carries the following penalties:

  • Jail time: Up to one year in the Grayson County Jail.
  • Fines: Up to $4,000, plus court costs and fees.
  • Collateral consequences: Loss of firearm rights and an affirmative family violence finding that can never be sealed.

Class C offensive-contact cases sit below this tier, but even those low-level tickets can carry a family violence finding. Accepting a quick plea on a “minor” charge can lock in lifetime consequences most defendants never see coming.

Felony Domestic Violence in Texas

Certain allegations require the case to be filed in the 15th, 59th, 336th, or 397th District Court at the Grayson County Courthouse. Common felony versions include:

  • Impeding breath or circulation: Choking allegations are third-degree felonies carrying 2 to 10 years in prison.
  • Repeat offense: Any new family violence assault after a prior conviction becomes a third-degree felony.
  • Aggravated assault: Serious bodily injury or use of a deadly weapon raises the charge to a second-degree felony, or first-degree when a deadly weapon is used and serious bodily injury is caused in a family violence case, with up to life in prison.

Courts frequently impose restrictions such as no-contact orders, residence limitations, or GPS monitoring as part of a defendant’s release. Because these conditions can remain in place throughout the life of the case, disputes over bond terms can significantly affect daily life, employment, family relationships, and living arrangements while the case is pending.

Continuous Violence Against the Family

Two or more alleged assaults against family or household members within 12 months may be prosecuted as continuous violence against the family under Texas Penal Code § 25.11, which is a third-degree felony.

The State does not need prior convictions for the earlier incidents. Instead, prosecutors must only prove that the alleged acts occurred, allowing multiple accusations, including incidents that were never separately charged, to be combined into a single felony case.

Violating a Protective Order in Grayson County

A violation of a protective order is its own separate criminal charge under Texas Penal Code § 25.07, and Grayson County prosecutors often pursue it on top of the original family violence charge. Contact initiated by either side, even a friendly text or a call to reconcile, does not excuse a violation, and officers responding to a reported breach can make an arrest immediately.

A conviction carries the following penalties:

  • Jail time: Up to one year in the Grayson County Jail for a first violation.
  • Fines: Up to $4,000 for a Class A misdemeanor violation.
  • Felony enhancement: 2 to 10 years in prison when the violation involves a new family violence assault, stalking, or two or more prior violation convictions.

Our Sherman domestic violence lawyers regularly defend clients accused of violating a protective order, including cases built on a single text message or an accuser-initiated encounter.

What Do You Do If You Have Been Falsely Accused of Domestic Violence?

Focus on protecting yourself before telling your side of the story. Allegations often arise in the context of divorces, custody disputes, and other high-conflict family situations, and the actions an accused person takes in the first hours or days can significantly impact the case.

In many instances, early missteps create more problems than the allegation itself. Consider taking the following steps immediately:

  • Do not contact the accuser, even to apologize or clarify
  • Follow every condition of any protective order to the letter
  • Preserve texts, voicemails, photos, and witness names
  • Say nothing to investigators before getting legal advice

In Grayson County, prosecutors can and often do pursue family violence cases even after the accuser signs an affidavit of non-prosecution, a sworn statement asking the State to drop the charges, because the State, not the alleged victim, controls the charge.

FAQ: Sherman Domestic Violence Defense

Will a Domestic Violence Charge Show Up on Background Checks?

Yes, the arrest appears almost immediately, and a conviction with a family violence finding stays visible permanently. Texas law bars nondisclosure for family violence convictions, which is one reason fighting the finding matters more than minimizing jail time.

Can the Protective Order Be Lifted So You Can Go Home?

Sometimes. A magistrate’s emergency order typically lasts 61 to 91 days, and our attorneys can request a modification hearing to restore access to your home, especially when the accuser supports the change.

Does Deferred Adjudication Avoid a Family Violence Finding?

No. Deferred adjudication, a form of probation where the case is dismissed without a conviction after successful completion, still counts as a prior for enhancement and still triggers the firearm ban, so it offers far less protection than most people assume.

Put a Defense Strategy in Motion With Our Sherman Domestic Violence Lawyers

The State started preparing its case the night of the arrest, and every week you wait narrows your options. Our Sherman criminal defense team at Pelley Law Office knows the Grayson County courts, prosecutors, and the pressure points that lead to dismissals and reductions. Call 214-560-1919  for your free consultation, or contact us online before your first court date arrives.

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