Frisco Assault & Domestic Violence Lawyer

Accused of Family Violence or Assault in Frisco?

In Texas, an assault becomes a “family violence” case when the person involved is a relative, someone you live with, or a current or former dating partner. When Frisco police respond to a disturbance call involving those relationships, they are trained to make an arrest if they see any sign of injury, even when the facts are unclear and both people were upset.

After booking, a magistrate typically sets bond with strict conditions and may issue an emergency protective order the same day. Before you have spoken to a lawyer, you may already be ordered to stay away from your home, your partner, and sometimes your children.

Many of these cases involve exaggerated claims, mutual arguments, self-defense, or accusations made during a divorce or custody dispute. Our job is to uncover the full picture and present it before the State’s version hardens into a conviction.

Understanding Assault Charges in Texas

Assault offenses are defined in Chapter 22 of the Texas Penal Code. The level of the charge depends on the alleged injury, how it happened, any weapon involved, and your prior record.

Texas assault and family violence offense levels and punishment ranges
Allegation	Typical classification	Possible jail or prison	Maximum fine
Assault by threat or offensive contact	Class C misdemeanor	None (fine only)	$500
Assault causing bodily injury	Class A misdemeanor	Up to 1 year	$4,000
Family violence assault with a prior family violence conviction	Third-degree felony	2 to 10 years	$10,000
Impeding breath or circulation (“choking”)	Third-degree felony	2 to 10 years	$10,000
Continuous violence against the family	Third-degree felony	2 to 10 years	$10,000
Aggravated assault (serious injury or deadly weapon)	Second-degree felony, or first-degree in some cases	2 to 20 years (up to life if first-degree)	$10,000

Violating a protective order is a separate offense, usually a Class A misdemeanor, and can become a felony with prior violations or new assault allegations.

Protective Orders and Bond Conditions: What They Mean for You

These orders can change your daily life long before your case is resolved. Knowing which one applies to you, and how to challenge or modify it, is one of the first things we address.

Emergency protective orders

A magistrate can issue an emergency order at your first appearance. It commonly lasts 31 to 61 days, longer if a weapon or serious injury is alleged, and can bar you from your home and require you to surrender firearms.

Bond conditions

Judges often add no-contact orders, stay-away zones, and sometimes alcohol monitoring. We can ask the court to modify conditions that are unnecessary or that keep you from your family or work.

Longer-term protective orders

A civil protective order can last two years or more after a contested hearing. You don’t want to face one of these hearings unprepared, because testimony given there can affect your criminal case.

Why the Case May Continue Even If the Accuser Wants to Drop It

A criminal case is filed by the State of Texas, not by the person who called the police. Prosecutors in Collin and Denton Counties often move forward using the 911 recording, body-camera video, photographs, and officer testimony, even when the accuser no longer wants to participate.

An accuser can sign an affidavit of non-prosecution or speak with the prosecutor, and that can carry weight, but it is not a guarantee. What changes outcomes is a defense that exposes the weaknesses in the State’s remaining evidence, including whether out-of-court statements can even be used at trial without the accuser testifying.

Important

Never contact the accuser to ask them to drop the case. Let your attorney handle all communication with the prosecutor.

Defense Strategies Built Around the Facts

Every case is different. These are some of the issues we investigate when building your defense.

Self-defense and defense of others

Texas law allows reasonable force to protect yourself or someone else. Injuries to both people, or to you, can tell a very different story than the arrest report.

False or exaggerated accusations

Allegations sometimes arise from anger, jealousy, or a pending divorce or custody fight. Texts, timelines, and prior statements can reveal motives to fabricate.

Inconsistent statements and evidence

We compare the 911 call, body-cam footage, written statements, and photographs. Details that don’t line up create reasonable doubt.

Lack of proof of injury or relationship

The State must prove bodily injury, and for a family violence enhancement, the qualifying relationship. Missing medical records or vague descriptions matter.

Consequences That Reach Beyond the Courtroom

A family violence case can follow you long after court is over, which is why resolving it the right way matters as much as resolving it quickly.

Firearm rights

A family violence conviction can trigger a lifetime federal ban on possessing firearms and ammunition.

Your record

An “affirmative finding” of family violence can block record sealing, even after deferred adjudication.

Custody and family

Family courts consider any history of family violence when deciding custody and visitation.

Career and immigration

Professional licenses, security clearances, and immigration status can all be affected by a conviction.

Collin County Courthouse in McKinney — Collin County · McKinney

Denton County Courts Building in Denton — Denton County · Denton

Where Will Your Case Be Heard?

Frisco is split between Collin and Denton Counties, and the location of the incident determines which courthouse handles your case. Misdemeanor family violence cases go to the County Courts at Law in McKinney or the County Criminal Courts in Denton. Felony cases, such as impeding breath or aggravated assault, are presented to a grand jury and heard in the district courts.

Protective order hearings may take place in a separate court from your criminal case. We coordinate both so that nothing said in one proceeding undermines your defense in the other.

Family Violence Charges: Frequently Asked Questions

Can the alleged victim drop domestic violence charges in Texas?

No. Only the prosecutor can dismiss the case. The accuser can share their wishes, including by signing an affidavit of non-prosecution, but the State may continue using other evidence such as 911 recordings and body-camera video.

Can I go home after being released on bond?

Not if an emergency protective order or bond condition prohibits it. Read your release paperwork carefully. We can ask the court to modify conditions, but until a judge does, you must follow them exactly.

Will a family violence charge affect my right to own a gun?

It can. Protective orders often require you to surrender firearms while they are in effect, and a family violence conviction can result in a lifetime federal prohibition on possessing firearms.

Is choking always charged as a felony?

When it involves a family member, household member, or dating partner, an allegation of impeding normal breathing or blood circulation is generally charged as a third-degree felony, even without visible injuries.

Can a family violence case be sealed from my record?

If the case is dismissed or you are acquitted, you may qualify for an expunction. If the court enters an affirmative finding of family violence, however, you are generally not eligible for an order of nondisclosure, which is why the way a case is resolved matters so much.

Local and Statewide Resources

Agencies and information you may need while your case is pending.

Get Your Side of the Story Heard

Bond conditions and protective orders take effect fast. Reach out today so we can start protecting your rights, your home, and your future.

469-895-6555

Law Office of Al Rowland, PLLC
6160 Warren Pkwy Ste. 100
Frisco, TX 75034

Frisco Assault and Domestic Violence Defense Lawyer