If you have been arrested for domestic violence in Texas, you are probably frightened, confused, and wondering what happens next. You may feel like no one will believe your side of the story — or that the system was not built to handle a situation like yours.
You are not alone. Women are arrested for domestic violence in Texas every day. The same laws that apply to anyone accused of assault family member apply to you. The consequences of a conviction are just as serious.
Lisa Shapiro Strauss is a former prosecutor and Houston criminal defense attorney who has represented women charged with domestic violence, assault family member, and related offenses throughout the Houston area. This guide explains what you are facing and what you can do about it.
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Why Are Women Being Charged with Domestic Violence in Texas?
For decades, domestic violence was treated almost exclusively as a crime committed by men against women. That is no longer the case. Texas law defines family violence as an act of assault or threatened assault by one family or household member against another, with no distinction based on gender.
As a result, more women in Texas are being arrested and charged with domestic violence than ever before. There are several common reasons this happens:
Officer Discretion and the Dual Arrest Problem
Texas does not have a mandatory arrest law for domestic violence calls, unlike some other states, Texas officers use discretion when deciding whether to make an arrest. When police respond to a domestic disturbance call and both parties have injuries, or both parties are alleging the other started it, officers sometimes arrest both people. This is called a dual arrest.
In a dual arrest, both parties are charged regardless of who was the actual aggressor. For women who were defending themselves, this can feel deeply unjust. It is a situation where having an experienced defense attorney is critical from day one.
Self-Defense Situations
Many women charged with domestic violence were acting in self-defense. Texas law recognizes the right to use force to protect yourself from harm but how that defense is presented in court requires careful legal strategy. If you fought back against an abuser and ended up charged, self-defense may be the foundation of your defense.
Same-Sex Relationships
Domestic violence among same-sex couples is also prosecuted under the same family violence statutes. Women in same-sex relationships can be charged as the aggressor, the victim, or both in a dual arrest situation.
False or Exaggerated Allegations
In contentious divorces or custody disputes, domestic violence allegations are sometimes made falsely or are exaggerated. If you have been charged based on allegations you believe are untrue, that is a defense your attorney can investigate and challenge.
What Are the Penalties for Domestic Violence in Texas?
The penalties for domestic violence in Texas depend on the specific charge, the nature of the alleged incident, and your prior criminal history. Here is an overview of the most common charge levels:
|
Charge |
Classification |
Penalties |
|---|---|---|
|
Assault (simple, no injury or minor injury) |
Class A Misdemeanor |
Up to 1 year county jail; fine up to $4,000 |
|
Assault (prior DV conviction) |
3rd Degree Felony |
2–10 years prison; fine up to $10,000 |
|
Assault causing bodily injury to a family member |
Class A Misdemeanor (1st offense) |
Up to 1 year county jail; fine up to $4,000 |
|
Aggravated assault (serious bodily injury or deadly weapon) |
1st or 2nd Degree Felony |
5–99 years or life (1st degree); 2–20 years (2nd degree) |
|
Assault impeding breath or circulation |
3rd Degree Felony |
2–10 years prison; fine up to $10,000 |
|
Continuous violence against the family |
3rd Degree Felony |
2–10 years prison; fine up to $10,000 |
Beyond the criminal penalties themselves, a domestic violence conviction in Texas carries collateral consequences that can affect your life for years. These are addressed in the next section.
Collateral Consequences Specific to Women
A domestic violence conviction does not just mean fines and possible jail time. For women in particular, several collateral consequences can have a profound and lasting impact:
Child Custody
Child custody implications are often the most urgent concern for women charged with domestic violence. Under Texas law, a court cannot grant joint conservatorship if domestic violence exists between the parents or a parent and child. A conviction can result in supervised visitation, loss of primary custody, or in serious cases, termination of parental rights. Even a pending charge — before any conviction — can affect emergency custody decisions.
Professional Licenses
Women working in licensed professions face significant risk. A domestic violence conviction can result in suspension or revocation of licenses in fields including:
- Nursing and other healthcare professions (RN, LVN, CNA, medical assistant)
- Teaching and education (Texas Education Agency licensing)
- Childcare and early education
- Social work and counseling
- Law and legal professions
- Real estate
Employment
Texas is an at-will employment state. Your employer can terminate your employment upon learning of a conviction. Background checks, which are standard in most hiring processes, will show a domestic violence conviction, making it significantly harder to find new employment, particularly in roles involving children, healthcare, education, or financial services.
Immigration Status
For non-citizens, a domestic violence conviction can have severe immigration consequences, including deportation, denial of naturalization, and bars to re-entry. If you are not a U.S. citizen, this must be addressed immediately with both a criminal defense attorney and an immigration attorney.
Firearm Rights
Under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing a firearm. This is a federal restriction and it applies regardless of Texas law and cannot be undone by expungement in most circumstances.
Housing
A domestic violence conviction on your record can disqualify you from certain rental housing, public housing assistance programs, and professional housing situations.
Defenses Available to Women Charged with Domestic Violence in Texas
Being charged is not the same as being convicted. There are real, viable defenses in domestic violence cases. An experienced attorney can investigate the facts and build a strategy specific to your situation. Common defenses include:
Self-Defense
Texas law permits the use of force to protect yourself when you reasonably believe you are in imminent danger of harm. Self-defense is one of the most common and powerful defenses in domestic violence cases involving women. The key is presenting this defense correctly and demonstrating not just that you were afraid, but that your response was proportionate to the threat. Evidence such as prior incidents, medical records of past injuries, and witness testimony can all support a self-defense claim.
Primary Aggressor Defense
If you were arrested in a dual arrest situation — where both you and the other party were taken into custody — your attorney can challenge the prosecution’s evidence about who was the primary aggressor. Police do not always get this determination right at the scene, and a skilled defense attorney can present the full picture.
False or Fabricated Allegations
In custody disputes or contentious separations, false allegations of domestic violence do occur. If the allegations against you are untrue, your attorney can investigate the accuser’s credibility, identify inconsistencies in their account, and challenge the basis of the charge. Evidence such as text messages, emails, social media, and witness statements can be critical.
Insufficient Evidence
The prosecution bears the burden of proving every element of the charge beyond a reasonable doubt. If the evidence is thin — no physical injuries, no witnesses, conflicting accounts — your attorney can challenge whether the prosecution can meet that burden.
Violation of Your Rights
If police violated your constitutional rights during the arrest or investigation like an illegal search, failure to advise you of your Miranda rights, or coerced statements, evidence obtained as a result may be suppressed. This can significantly weaken the prosecution’s case.
The Incident Was an Accident
Domestic violence requires proof of intentional or knowing conduct. If the alleged injury was the result of an accident rather than an intentional act, that is a viable defense.
What to Do Right Now If You’ve Been Charged
- Do not contact the alleged victim. Even if they want to talk, even if you need to discuss your children. Any contact may violate your bond conditions and result in re-arrest. All communication must go through your attorney.
- Do not post on social media. Anything you say publicly, or privately in a message, can be used against you. Screenshot and preserve anything the other party sends to you, and send it to your attorney.
- Write down everything you remember. While the details are fresh, document exactly what happened. Include any prior incidents, injuries you sustained, what was said, and who was present. Give this only to your attorney.
- Understand your bond conditions. You likely have a no-contact order and possibly restrictions on returning to a shared residence. Violating these conditions, even once, is a separate criminal charge. Read your bond paperwork carefully and ask your attorney to explain every condition.
- Contact an attorney immediately. The decisions made in the first days after an arrest can shape the entire outcome of your case. Do not wait until your first court date.
Frequently Asked Questions About Domestic Violence Charges
Why Work with a Former Prosecutor
When you are a woman charged with domestic violence in Texas, you need a defense attorney who understands both sides of these cases — not just how to defend them, but how prosecutors build them.
Lisa Shapiro Strauss is a former prosecutor who now defends clients charged with domestic violence, assault family members, and related offenses in Houston and the surrounding area. She has seen firsthand how the prosecution approaches these cases, how evidence is evaluated, and where cases are won and lost. She brings that insight directly to your defense.
Lisa understands the specific concerns women face in domestic violence cases like the custody implications, the professional license risks, and the self-defense dynamics. She builds a defense strategy that accounts for all of them, not just the criminal charge.
If you have been charged with domestic violence in Texas, contact Lisa Shapiro Strauss today for a confidential consultation.
