By Nathaniel Pitoniak on February 1st, 2025 in Criminal Defense
False accusations of domestic assault can send your life into a tailspin. You might worry about losing your freedom, damaging your reputation, or facing serious legal penalties. These cases are especially complicated in Houston, Texas, where the laws on family violence are broad, and the penalties can escalate under certain circumstances.
If you face false accusations, act quickly and work with a Houston criminal defense lawyer to defend yourself and protect your future.
What Is the Legal Definition of Family Violence in Texas?
According to the Texas Family Code, family violence means any act by a family or household member that intends to cause physical harm, bodily injury, assault, or sexual assault.
This definition is broad, as seen in Bell v. State, 2010 Tex. App. LEXIS 9197 and Goad v. State, 2010 Tex. App. LEXIS 6349. It also covers threats that reasonably place the family or household member in fear of immediate harm.
Because the definition is so wide, an action that seems minor can qualify as family violence if the alleged victim claims they felt threatened or endangered.
For the falsely accused, this broad scope can feel frustrating. You might still face serious legal trouble even if no real harm occurred. You need a lawyer who understands precisely what happened and gathers evidence contradicting the accusation.
Can a Domestic Assault Charge Become a Felony in Texas?
In many cases, a domestic assault is a Class A misdemeanor.
However, under Texas law, this assault can upgrade to a third-degree felony if:
- The assault is against a family or household member—or someone with whom you have a dating relationship, and.
- You have a prior conviction for family violence.
Alternatively, domestic assault can be a third-degree felony if there is an ellegation of impeding breath. Similarly, it can be a second-degree felony if there is an allegation of serious bodily injury or the use of a deadly weapon.
When a case moves from a misdemeanor to a felony, the consequences become much more severe, including the possibility of heavier fines and longer jail terms.
If you face a felony charge, you need a lawyer to challenge every aspect of the accusation. You may need to question the validity of past convictions or prove that the relationship does not fall under the law’s definition of family or dating.
A Houston criminal defense lawyer can explore these details to see if the prosecution is stretching the law to make the charges more serious than necessary.
What Defenses Exist for Someone Accused of Domestic Assault in Houston?
Texas law provides several defenses for those accused of family violence. Self-defense is one that is specifically mentioned in the Texas Penal Code. Because the law does not count self-defense as family violence, you can argue you acted to protect yourself or someone else from harm. Other recognized defenses include mistake of fact, entrapment, and infancy.
If you claim self-defense, you must show that you used reasonable force to stop someone from harming you. What is “reasonable” can create a point of debate.
This is where a Houston criminal defense lawyer can help you gather medical records, witness statements, or any other evidence that justifies your actions.
How Do You Prove That Domestic Assault Accusations Are False?
Fighting false accusations of domestic assault requires a lawyer, especially because the courts take claims of family violence very seriously.
In Enriquez v. State, 2009 Tex. App. LEXIS 8185, the court discussed how to demonstrate false accusations using a two-pronged approach:
- Proof That the Accusations Were False: You need to present solid evidence showing the event did not happen as your accuser claims.
- Similar Nature of Prior and Current Accusations: If you faced past accusations of a similar kind, you must prove those were also false—or at least draw strong parallels that cast doubt on the truth of the current claim.
Because Texas courts have not set a specific level of proof for false accusations, each case is judged on its unique details. You may present inconsistencies in the accuser’s story, show a lack of medical reports or credible eyewitnesses, or provide other forms of evidence that contradict their statements, such as texts or emails.
What Are Key Points to Check When Investigating False Accusations?
To build a defense against false charges, you need a lawyer to examine:
- Motive: Does the accuser have any reason to lie or exaggerate (for example, jealousy, child custody disputes, or financial gain)?
- Inconsistencies: Does the accuser’s story change over time or conflict with known facts, such as phone records or other witnesses?
- Lack of Physical Evidence: Is there a complete absence of injuries, medical reports, or any sign of struggle?
- Witness Testimony: Can witnesses confirm your version of events or dispute the accuser’s story?
- Behavior After the Alleged Incident: Did the accuser maintain contact with you, behave normally, or say things that do not align with someone who was truly fearful for their safety?
Examining these points can help you and your Houston criminal defense lawyer uncover vital contradictions or hidden motives. Such details often significantly impact how prosecutors, judges, and jurors view the case.
Why Should You Hire a Houston Criminal Defense Lawyer?
Domestic assault charges in Houston can move quickly through the courts, and you can face severe penalties if found guilty. You cannot simply rely on the prosecutor or judge to see even blatantly false accusations.
You need a strategic approach that addresses every angle of the claim. This is why you need a Houston criminal defense lawyer.
A local attorney knows the Houston court system, the prosecutors, and the judges. They can:
- Investigate the case thoroughly to find gaps in the accuser’s story.
- Build a strong legal defense, whether you claim self-defense, false accusations, or another defense recognized by Texas law.
- Negotiate with prosecutors, if appropriate, for lesser charges or outright dismissal.
- Represent you in court, cross-examining witnesses, presenting evidence, and arguing your side of the story in a clear and organized way.
What If a Protective Order Is Filed Against You?
When someone accuses you of domestic assault, they might also seek a protective order (sometimes called a restraining order). This court order can force you to stay away from the accuser, move out of your home, or lose contact with your children for a period. Violating a protective order can lead to further criminal charges and penalties.
If you believe the court issued an unnecessary protective order or based it on a false accusation, your Houston criminal defense lawyer can help you challenge it. They might show that no real threat exists, that the accuser has a financial or personal motive for keeping you away, or that the court overreacted to a minor event by issuing the order.
Successfully fighting a protective order can prevent additional restrictions on freedom and reduce the negative impact on one’s life.
Reach Out to a Houston Criminal Defense Lawyer Today
Do not wait until the situation spirals out of control. Reach out to a Houston criminal defense lawyer today for the representation you need to protect your rights and future. You deserve a fair chance to prove your innocence and move on with your life, free from the shadow of false accusations.