Domestic Violence Lawyer in Texas

Strategic Legal Representation Across Houston, The Woodlands, Montgomery County, & Fort Bend County

Facing Domestic Violence Allegations? Immediate Action Can Protect Your Rights.

Assault involving a family member, partner, or someone with whom you’ve had a dating relationship is known as family violence in Texas—and it’s prosecuted aggressively. In fact, the District Attorney’s offices in Harris, Montgomery, and Fort Bend County have dedicated domestic violence units that pursue these cases with intensity, often assuming the alleged victim is telling the truth—even when the evidence says otherwise.

Domestic or family violence charges—whether misdemeanor or felony—can upend your life. Not only are penalties steep, but collateral consequences like protective orders, restricted firearms access, custody battles, and damage to your reputation are common. Even false accusations can have serious fallout.

As the former chief of the domestic violence unit in Montgomery County, Monica Napier knows the playbook for how these cases are prosecuted and uses that to defend her clients from all angles. The Napier Law Firm often defends clients in scenarios including: 

• Self-defense during a heated argument
• False allegations made out of jealousy or revenge
• Arrests made with no physical evidence—just one person’s word
• Accusations used for leverage in child custody disputes
• Cases where you were actually the victim, not the aggressor

Texas law allows police officers to arrest individuals without a warrant if they believe an assault occurred—even if no injuries are visible. That’s why it’s common for people to be arrested first and questioned later.

The Napier Law Firm is committed to defending your freedom, your family, and your future with experienced, compassionate advocacy. Whether you’re facing a misdemeanor or felony charge, we are ready to defend your rights and tell your side of the story.

📞 Call us now for a free, confidential consultation.

What Is Family Violence Under Texas Law?

Under the Texas Family Code § 71.004, family violence includes:

• Physical harm, assault, or sexual assault against a household/family member
• Threats of imminent physical harm
• Abuse towards a child in the home
• Violence within a dating relationship

Anyone accused may face jail time, protective orders, lost gun rights, and serious long-term consequences—even before ever facing a judge.

Who’s Covered By These Laws?

Domestic violence statutes in Texas are broad. Charges apply to incidents involving:

• Spouses and ex-spouses
• Dating partners, including former relationships
• Family by blood or adoption (parents, children, siblings, grandparents)
• Household members or former roommates
• Parents of common children, even if not living together

Can I Be Falsely Accused of Domestic Violence?

Yes. False allegations are more common than many realize. People sometimes make accusations:

• To gain leverage in a custody or divorce dispute
• Out of anger, jealousy, or revenge
• Due to a misunderstanding or exaggerated incident

At The Napier Law Firm, we take immediate steps to uncover the truth and expose inconsistencies in the accuser’s statements. You deserve the opportunity to tell your side of the story—and we make sure the court hears it.

Can Domestic Violence Charges Be Dropped in Texas?

A common misconception is that the alleged victim can “drop the charges.” In reality:

• Only the prosecutor has the authority to pursue or dismiss a case
• Even if the victim recants or refuses to testify, prosecutors often continue with “evidence-based” prosecution
• Cases may proceed using 911 calls, police bodycam footage, photos, and witness statements
• A victim’s “non-cooperation” does not guarantee dismissal

That’s why having a skilled attorney by your side is essential from the very beginning.

Penalties for Domestic Violence Offenses

Charges range from misdemeanors to felonies, depending on severity, harm, and history:

• Class C Misdemeanor: Threats or offensive contact — up to $500 fine
• Class B Misdemeanor: No injury but offensive contact — up to 180 days jail, $2,000 fine
• Class A Misdemeanor: Bodily harm inflicted — up to 1 year jail, $4,000 fine
• Third-Degree Felony: Prior convictions, strangulation or use of weapon, continuous assault — 2 to 10 years prison, up to $10,000 fine

Especially serious are assault charges involving choking or strangulation, which can be charged as third-degree felonies—even for first-time offenders.

Penalties for Repeat Domestic Violence Offenses

If you’ve been convicted of domestic violence in the past, a second charge becomes much more serious—even if the new case involves minor injuries or no injuries at all. A second conviction is a felony punishable by prison time, regardless of whether the first charge was a misdemeanor.

Additional consequences may include:

• Protective orders 
• Mandatory counseling or anger management
• Loss of your right to possess a firearm
• Deportation risks for non-citizens
• Loss of professional licenses, 
• Impact on child custody or divorce
• Employment, housing, firearm rights jeopardized
• Criminal record that affects background checks and reputation

Types of Protective Orders

Protective orders issued in family violence cases come in different forms:

Violating any order is a crime in itself: even indirect contact or firearm possession can trigger criminal charges.

Why Domestic Violence Cases Need Specialized Defense

These cases are layered—often linked to emotional contexts, custody disputes, and relationship dynamics. Law enforcement often makes arrests on the spot, sometimes based on one-sided stories. District Attorney’s Office often bolster their cases with supposed experts, who try to convince juries that an alleged assault is part of a pattern of abuse. 

The Napier Law Firm excels in early intervention—gathering evidence, interviewing witnesses, and assessing allegations before misinformation sets in.

1. Self-Defense– Force may be justified under Texas law if you believed you were protecting yourself against harm. If you acted to protect yourself from immediate harm, we gather evidence (photos, texts, witness statements) to support your justification.
2. Defense of Others – If you intervened to protect a child or another family member, we argue your actions were reasonable and legal.
3. False Allegations – Charges can be manipulated during custody wars or divorce—our defense unravels motives and inconsistencies. We highlight ulterior motives, inconsistencies, and contradictions in the accuser’s statements to discredit the claim.
4. Initial Aggressor Defense – We determine who initiated the conflict to challenge assumptions of guilt.

Proven Defense Strategies We Employ

5. Insufficient Evidence – Weak or conflicting testimony may not hold up—victim reluctance to cooperate can also help your case. Prosecutors must prove guilt beyond a reasonable doubt. We challenge insufficient physical evidence, unclear police reports, and unreliable witness testimony.
6. Accidental Injuries – Some injuries occur unintentionally during emotional or physical struggles. We use medical reports and incident reconstructions to demonstrate the absence of intent. 
7. Mutual Combat – When both parties were involved in a physical altercation, we may argue that neither party acted as the aggressor.
8. Alibi – We present clear, credible evidence—like texts, timestamps, and surveillance—that proves you were elsewhere when the incident allegedly occurred.
9. Constitutional Violations – Illegal police actions, such as warrantless searches or Miranda violations, may suppress key evidence.
   
10. Protective Order Contestation – We challenge or narrow orders soon after issuance to protect your rights.

What do I do if I am suspected of domestic violence? – Act NOW.

• Contact us immediately for a free, confidential intake. 
• Avoid contact with the alleged victim—protective orders make contact a crime in itself.
• Document everything—where you were, who saw you, text timestamps, etc.
• Do not communicate via text, email, or social media about the case—it can be used against you.
• Follow every court order precisely—breach could result in new charges.

Your Rights After a Domestic Violence Arrest

If you’ve been arrested or are under investigation for domestic violence in Texas, you still have legal rights, including:

• The right to remain silent
• The right to an attorney
• The right to challenge protective orders
• The right to a fair trial

Our job is to make sure those rights are protected from day one.

Why Choose The Napier Law Firm?

• Former Prosecutors Serving as Your Defense
• 24/7 Availability during arrest, protective order issuance, and arraignment
• Extensive Experience in Harris, Montgomery & Fort Bend Courts
• Reputation for Personalized Strategy and Results

 Frequently Asked Questions

Q: Can the alleged victim drop charges?
A: No. In Texas, only prosecutors can dismiss charges. Victims can recant, but the State independently presses the case.

Q: Can I go home if there’s a protective order?
A: Not without court approval. Ignoring bond conditions or orders can lead to new criminal charges.

Q: How can I maintain contact with my children?
A: We’ll challenge blanket restrictions and advocate for supervised access or visitation where possible.

Your Defense Starts Now

Facing domestic violence allegations can feel overwhelming—but you’re not alone. With timely legal representation, you can challenge the narrative, regain control, and fight for your rights.📞 Contact The Napier Law Firm today to preserve your reputation, your family, and your future. We defend clients across Houston, The Woodlands, Montgomery County, and Fort Bend County.