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Plano Domestic Violence Lawyer

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Plano Domestic Violence Lawyer

Domestic violence charges in Texas carry serious consequences that extend well beyond the courtroom. A conviction can affect your ability to own a firearm, your standing in child custody proceedings, your housing options, and your career. If you or someone you love has been charged with a domestic violence offense in Plano or anywhere in Collin County, getting the right legal help quickly matters.

Pelley Law Office represents people facing domestic violence charges throughout the Dallas-Fort Worth area. Our attorneys offer free consultations so you can understand your options before making any decisions. Fill out an online contact form or call (214) 560-1919 today.

Why Clients in Plano Choose Pelley Law Office

Why Clients in Plano Choose Pelley Law Office

Domestic violence cases move fast. Police can make an arrest based on a single phone call, and prosecutors pursue these charges aggressively even when the complaining party later recants or refuses to cooperate. You need an attorney who understands how these cases are built and how to challenge them.

Our team reviews every case individually. We examine the evidence, question the circumstances of the arrest, and work to protect your rights throughout your case. Our criminal defense attorneys never pressure you into a plea deal that does not serve your interests, and we keep you informed throughout the process so you are never left wondering what comes next.

What Counts as Domestic Violence in Texas

What Counts as Domestic Violence in Texas

Texas law defines domestic violence broadly. Under the Texas Family Code § 71.004, family violence includes any act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, or assault. It can also apply to a credible threat of imminent harm, as well as dating violence between people in or formerly in a dating relationship.

Charges in this category can include:

  • Assault causing bodily injury to a family or household member
  • Aggravated assault with a deadly weapon against a family member
  • Continuous violence against the family, which involves two or more assaults within 12 months
  • Interference with an emergency call
  • Violation of a protective order

The relationship between the parties determines whether an offense is classified as a domestic violence charge, not the severity of the alleged conduct alone.

Penalties for Domestic Violence in Texas

Penalties for Domestic Violence in Texas

The penalties you face for family violence depend on the charge and any prior criminal history. A first-offense assault causing bodily injury to a family member is typically a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Prior convictions or the use of a weapon can elevate charges to a felony level, which carries far heavier consequences.

A conviction involving serious bodily injury is a second-degree felony, punishable by 2 to 20 years in prison. If the victim was a spouse, domestic or dating partner, or family member, and the defendant used a deadly weapon and caused serious bodily injury, the charges rise to a first-degree felony. First-degree felonies carry a possible penalty of 5 to 99 years in prison.

A domestic violence conviction also triggers a federal firearms prohibition under 18 U.S.C. § 922(g)(9), which bars anyone convicted of a qualifying misdemeanor domestic violence offense from owning or possessing a firearm.

Protective Orders in Texas Domestic Violence Cases

Protective Orders in Texas Domestic Violence Cases

A protective order is one of the most immediate consequences of a domestic violence arrest in Texas. In many cases, a magistrate’s order of emergency protection is issued automatically at the time of arrest, before any charges are formally filed. This order can prohibit all contact with the alleged victim, restrict where you can go, and affect your living situation, even if you share a home with the person making the complaint.

Since Texas updated its laws in September 2025, emergency protective orders typically last between 61 and 91 days, or up to 121 days when a deadly weapon was involved. A permanent protective order, which can last up to two years or longer in certain circumstances, may follow if the court finds sufficient grounds after a hearing.

Violating a protective order is a separate criminal offense in Texas. A first violation is typically a Class A misdemeanor, but repeat violations or violations involving assault can be charged as a felony. If a protective order has been issued against you, complying with every condition is not optional, and any misstep can complicate your underlying case significantly.

How a Domestic Violence Case Proceeds in Texas

How a Domestic Violence Case Proceeds in Texas

After an arrest, the process moves through several stages. Here is what to expect:

Arrest and Magistration

Following an arrest, you will appear before a magistrate who sets bond conditions. In domestic violence cases, a magistrate’s order of emergency protection is commonly issued. Our attorneys can advise you on what those conditions mean for your situation and how to remain in compliance while your case moves forward.

Filing of Charges

The district attorney’s office reviews the case and decides whether to file charges. Importantly, the alleged victim does not control this decision. Prosecutors can and do proceed even without the cooperation of the complaining party.

Pretrial Proceedings

Your attorney can file motions to challenge evidence, contest the legality of the arrest, or negotiate with prosecutors. Many cases are resolved at this stage.

Trial

If no resolution is reached, the case goes to trial. The prosecution must prove every element of the charge beyond a reasonable doubt, and our attorneys are prepared to hold them to that standard.

Defenses Available in Domestic Violence Cases

Every case is different, but several defenses come up frequently in domestic violence matters:

  • Self-defense or defense of others, where the alleged conduct was a response to an immediate threat
  • Lack of evidence, particularly in cases where no physical injury occurred, and the account relies solely on one person’s statement
  • False allegations, which can arise in contentious divorce or custody disputes
  • Unlawful arrest or improper police conduct that may render key evidence inadmissible
  • Recantation or non-cooperation by the complaining witness, combined with insufficient independent evidence

Our defense attorneys can evaluate which defenses apply to your specific facts and build a strategy around them.

Frequently Asked Questions About Domestic Violence Charges in Plano

Does a Case Get Dismissed if a Victim Will Not Cooperate?

Not necessarily. Once an arrest is made, the decision to pursue charges belongs to the prosecutor, not the alleged victim. Even if the complaining party recants, refuses to testify, or requests that the case be dropped, the state may still proceed using independent evidence such as 911 recordings, photographs, medical records, or statements made to officers at the scene. Prosecutors handling domestic violence cases are experienced with witness reluctance and often build cases that do not rely solely on the victim’s testimony.

Can a Domestic Violence Charge Be Expunged or Sealed in Texas?

In most cases, the answer is no. Texas law significantly limits the ability to expunge or seal domestic violence convictions. This is one reason why fighting the charge from the start, rather than accepting a plea, is worth discussing carefully with your attorney.

Speak With a Plano Domestic Violence Attorney at No Cost

A domestic violence charge is serious, and the decisions you make early in the process can determine the outcome. Pelley Law Office offers free consultations with no obligation, so you can get honest answers about where you stand.

Fill out an online contact form or call (214) 560-1919 to schedule your consultation today.

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Dallas, Texas 75201

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