Conroe Domestic Violence Attorney

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: Conroe Domestic Violence Attorney

When someone is accused of Conroe domestic violence (whether domestic assault or domestic abuse), the legal consequences can be serious. Here are some of the questions clients commonly ask in Conroe, TX: 

What is considered domestic violence under Texas law?

Under Texas domestic violence statutes, an offense is not limited to physical contact, physical violence, or sexual violence that causes visible harm. Threats, intimidation, or emotional abuse that induce fear of injury are also considered domestic violence. Incidents between family members, cohabitants, or individuals in dating violence relationships fall under this category if the State proves intent to harm, control, or threaten.

Can the alleged victim drop charges?

In Texas, once an arrest is made, the decision to drop charges lies with the prosecutor, not the alleged victim. Even if the complainant asks for dismissal, the State can continue prosecuting based on supporting evidence, such as 911 recordings, witness statements, or photographs. A Conroe domestic violence attorney can work with prosecutors to communicate the victim’s wishes and evaluate whether sufficient evidence justifies the charge.

Can I go home if there’s a protective order?

No. A protective or restraining order legally prohibits returning home or contacting the protected person. Violating this order can lead to new criminal charges, including a second-degree felony if there are prior violations. A domestic violence lawyer may request a modification or clarification, especially when children or shared property are involved.

How can I maintain contact with my children?

When a protective order involves children, contact is typically restricted. Courts in Conroe domestic cases may authorize supervised visitation or limited electronic communication. A skilled domestic violence attorney can petition for modified visitation terms once the defendant complies with counseling or probation requirements, demonstrating commitment to the children’s well being.

Can I be charged if there are no visible injuries?

Yes. Texas law allows a domestic assault charge based on physical contact that causes pain or fear, even without visible marks. Minor contact like pushing or grabbing can qualify if intent to cause bodily injury is proven. A Conroe domestic violence lawyer can challenge the credibility of witnesses and expose false allegations through inconsistencies in statements and lack of corroborating evidence.

What if the police officers misunderstood the situation?

Police officers responding to a domestic disturbance often make quick judgments under pressure. Sometimes, the wrong person is arrested or mutual aggression is mistaken for assault. A domestic violence lawyer in Conroe can use 911 recordings, photos, or witness statements to show defensive conduct or misunderstandings. Correcting errors early can prevent unnecessary prosecution.

How is dating violence different from family violence?

Both fall under Conroe domestic violence, but dating violence involves romantic or intimate partners who are not married or living together. Courts assess the duration and nature of the relationship to determine classification. A domestic violence lawyer ensures the relationship is correctly identified under the law, as misclassification may affect potential serious penalties.

Can I own a firearm if charged with domestic violence?

Federal and Texas laws prohibit firearm possession for individuals convicted of domestic assault or under protective orders. Even temporary possession can lead to severe penalties. After probation or case dismissal, a domestic violence attorney may help evaluate eligibility for firearm rights restoration under Texas law and pursue the legal process on your behalf.

Can I claim self-defense in a domestic assault case?

Yes. Texas law allows reasonable force in self-defense if you face imminent harm. Establishing self-defense requires proving proportional response and lack of retaliation. An experienced domestic violence attorney can present photos, injuries, and testimony showing that your actions were necessary for protection, not aggression.

Will counseling or treatment affect my case?

Yes. Voluntarily attending anger management, substance abuse, or sexual abuse counseling can positively influence a judge’s perception. Participation demonstrates responsibility and commitment to change. A Conroe domestic violence lawyer can recommend certified programs that meet Texas Board standards to support reduced penalties or probation eligibility.

What if the allegations are false?

False allegations are not uncommon in emotionally charged situations like custody battles or breakups. A Conroe domestic violence attorney can expose inconsistencies in the accuser’s timeline by using text messages and witness testimony. Identifying motives such as jealousy, revenge, or financial gain can be key in proving innocence and restoring credibility.

What happens if a deadly weapon is involved?

Use or display of a deadly weapon during a domestic altercation elevates the charge dramatically, often to a second-degree felony or higher. Even if no injury occurred, possession of a weapon like a firearm or knife during the incident can result in years of imprisonment. Defense strategies focus on proving the weapon was not used to threaten or cause harm.

How can I recover after a domestic violence accusation?

Facing Conroe domestic violence allegations can deeply affect one’s future, relationships, and mental health. However, recovery begins with understanding your rights and pursuing strong legal counsel. Compliance with court orders, counseling participation, and maintaining stability can help rebuild your reputation and demonstrate accountability.

If you or someone you love has been accused of domestic violence, the attorneys at Napier Law Firm are ready to provide dedicated legal representation. Contact us for a free consultation with an experienced Conroe domestic violence attorney who will strongly defend your rights.

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.