The Defenses a Lawyer Will Use in a Domestic Violence Case

Texas law allows charges to be filed even when the alleged victim doesn’t want to press charges; things can escalate quickly and unexpectedly.

Under Texas Penal Code §22.01, the offense is referred to as Assault – Family Violence. It includes any act that causes bodily injury, makes someone fear immediate harm, or involves offensive physical contact, but only when it’s done intentionally, knowingly, or recklessly. 

That intent is key here, so the law doesn’t punish accidents. But the reality is that once the police are called, someone usually gets arrested, and you could be looking at jail time, fines, loss of firearm rights, and long-term restrictions, often before your trial even begins. 

Now, Houston also has a massive legal network, which is both good and bad news. It’s good because there’s a higher chance of finding an attorney experienced in navigating the complexities of Texas domestic violence law.

It’s bad because if you wait too long to act, prosecutors can get a head start building their case while you’re still trying to figure out what’s happening.

If you’re in this situation and unsure how to proceed, finding a domestic violence defense attorney in Texas should be your first move. 

But how can you ensure that your lawyer is moving in the right direction? How to know that the strategies they are using for your case will surely work?

Hi. In today’s blog, that is exactly what I plan to help you with. So, if you are in the middle of a case and want to ensure that your lawyer is using all the right strategies for your case, you have come to the right place!

Therefore, keep on reading this blog ill the end and thank me later…

Defenses in Domestic Violence Cases: Key Strategies to Win Your Case

Domestic violence cases that mainly involve partners or spouses usually undergo a difficult criminal justice process in the United States. And please believe me when I say this: these cases can be externally tricky.

And guess what? Things are so freaking complicated at time (along with the rising number of cases around the world) that there are actually places that have their own courts.

Yes, you are thinking exactly the correct things. These cases, which I am mentioning, specifically deal with domestic violence.

In this way, they try to provide full support to the victim and also to punish the abuser in the fastest way possible.

In other words, the primary objective of these courts is to fasten the procedure and provide steady decisions. However, as a result of ensuring a speedy delivery of justice, there are times when the basic strategies are not used.

But how would I know about the strategies?

That’s what I am here for! Once you hire the lawyer, expect them to build your case on one or more of these defense strategies that I am going to mention below.

So, take a look at these:

Proving the Act Wasn’t Intentional

Texas law doesn’t punish accidents. To convict someone of domestic violence, the prosecution must prove the act was done on purpose, with knowledge, or at least recklessly. If your actions don’t meet that threshold, then legally, there’s no domestic violence. 

For instance, if during a heated argument you accidentally bumped into your partner and they fell, that’s not the same as shoving them with force.

Your attorney will dig deep into the circumstances. Witness testimony, home surveillance, or even text messages before and after the incident can help build a clear narrative that shows the injury wasn’t caused with intent.

Exposing False or Malicious Allegations

Sometimes, a person might fake a domestic violence claim to gain leverage in a divorce, custody battle, or even just out of revenge.

In these cases, a good attorney will dissect the accuser’s story for inconsistencies and contradictions.

People who lie often can’t keep their details straight. What was said to police may not match up with what’s said in court.

Defense lawyers will request discovery of all statements, police reports, texts, and social media posts.

If there’s no evidence of injuries or if the accuser’s story changes too often, these gaps can raise reasonable doubt.

Even small contradictions, where the event supposedly took place, the timeline of events, and who was present, can help unravel the prosecution’s case.

Arguing Self-Defense

Sometimes, the person accused of abuse is actually the one trying to protect themselves. Self-defense is a legitimate legal strategy under Texas law.

The key here is proving that your actions were reasonable and necessary to prevent harm to yourself.

Your attorney will use medical reports, police records, or even prior documented abuse by the accuser to support a self-defense argument.

In many cases, showing a pattern of prior threats or aggressive behavior by the alleged victim can shift the court’s understanding of who was really at risk.

Lack of Evidence

One is considered not guilty until the court has evidence beyond any doubt that the person is guilty. And that’s the prosecutor’s responsibility.

They have to convince that a crime took place exactly as is stated, beyond all doubt. If they are unable to do so, then the charges they have brought against you are not legal.

Most domestic violence incidents are usually based on the word of a single person. If you don’t have any witnesses, injuries, or physical evidence, your attorney is able to present that the case is nothing more than a guess.

It is commonly asked that why were there discrepancies in the provided descriptions or no statements or evidence from others that were involved in the incident. These incoherences lead to questions as to whether the event ever took place or took place the way the accuser tells. 

Get the Right Lawyer 

Texas law allows charges to be filed even when the alleged victim doesn’t want to press them, things can escalate quickly and unexpectedly.

If you find yourself in a sticky situation such as this, save yourself from drowning and get a lawyer ASAP.

Read Also:

• What to Do If You Are Falsely Accused of a Sex Crime
• Justice in the Balance: The Role of Criminal Defense Attorneys
• What is Probate and How Can a Lawyer Help With Probate Litigation?