Family Violence Defense in Dallas
Family violence allegations move fast — protective orders, emergency bond conditions and charges that can follow you permanently, even when the complaining witness wants the case dropped. In Texas the State decides whether to prosecute, not the accuser, so a change of heart does not end the case on its own. As a former prosecutor, Ray Hindieh knows how these cases are built — and we intervene early to protect your record and your family.
What “assault – family violence” means in Texas
Family violence is not a separate crime — it is an assault charge with a family-violence label attached. The State must show an assault against a family or household member or someone you are dating, and that relationship can turn an ordinary Class A misdemeanor into a case with lasting consequences. A prior family-violence conviction, choking or strangulation allegations, or a repeat pattern can raise the same conduct to a felony, which changes the exposure dramatically.
Emergency protective orders and no-contact bond conditions
After an arrest a magistrate can issue an Emergency Protection Order that bars you from contacting the complainant, returning to your own home, or possessing a firearm — often for 61 days or more. Your bond usually carries similar no-contact conditions. Violating either one is a new criminal offense that can land you back in jail, even if the other person invited the contact, so the terms must be understood and addressed right away.
Why the State — not the accuser — controls the case
Many people assume that if the complaining witness recants, the case disappears. It does not. In Texas the prosecutor decides whether to move forward, and an affidavit of non-prosecution is only one factor. Prosecutors routinely proceed on 911 recordings, photographs, bodycam footage and prior statements even when the accuser no longer wants to testify. A recantation can help, but it does not automatically dismiss the charge.
The long-term collateral consequences
A conviction or a plea carrying an affirmative finding of family violence reaches far beyond the courtroom. It can strip your right to possess a firearm under both state and federal law, create removal or inadmissibility problems for non-citizens, and be used against you in divorce and custody disputes. An affirmative finding generally cannot be expunged or sealed, so a single case can follow you for the rest of your life if it is not handled correctly.
How we defend a family violence charge
We start with an independent investigation rather than accepting the police narrative. We scrutinize the 911 call, the bodycam and dashcam video, injury photos and prior inconsistent statements, and we look hard at self-defense, mutual conduct and false or exaggerated allegations. We move early to address protective orders and bond conditions, and we pursue dismissal, reduction or an outcome without an affirmative finding wherever the facts support it — and try the case when that is the right call.