Houston Domestic Violence Lawyer

Steps to Take If Accused of Domestic Violence in Texas

If you’re facing domestic violence charges—or even just under investigation—take these key actions to protect your rights:

1. Do not speak to police without legal representation. Anything you say can and will be used against you. Politely invoke your right to remain silent.
2. Comply with all court orders. Violating a protective order, even unintentionally, can lead to more charges.
3. Preserve all evidence. Save texts, emails, phone logs, photos, and any potential witness information. This can be critical to your defense.
4. Avoid contact with the alleged victim. Even if they try to reach out, contact may be prohibited. Let your Houston domestic violence attorney handle all communications related to the case.

If law enforcement arrests you in Harris County or any part of Houston, officers may take you to the Harris County Jail for initial processing. Expect a magistrate to review your bond within 24 to 48 hours if you are in custody. At this early stage, you can request a court-appointed attorney or contact a lawyer for immediate representation. Be aware that any calls or communications from jail may be recorded and reviewed by prosecutors.

The Texas Criminal Defense Process for Domestic Violence Charges

Following an arrest in Houston, the process is fast and intense. My role begins the second I take your call, intervening to mitigate the immediate consequences and begin building your defense.

• Immediate Bond and Protection Order Review: A magistrate judge will set bond and often issue an Emergency Protective Order (EPO) which forces you to leave your home and prohibits contact with the alleged victim. I immediately review the conditions and fight to modify any unjust restrictions that prevent me from preparing your defense.
• Discovery and Independent Investigation: I obtain all evidence from the State—police reports, 911 recordings, body camera footage, and medical records. My firm conducts an independent investigation, often including scene visits and witness interviews, to find facts the police overlooked.
• Affirmative Defenses and Motion Practice: I prepare and argue legal motions and affirmative defenses that are unique to Texas law, such as:
  • Self-Defense: Arguing that the accused used reasonable force to protect myself or another person from the alleged victim's use or attempted use of unlawful force.
  • Defense of Property/Third Parties: Utilizing the force justified under TPC § 9.42 and § 9.33.
  • False Accusations: Challenging the credibility and motive of the accuser, especially in cases where divorce or child custody issues are present.
  • Motion to Suppress: Targeting any illegally obtained evidence in violation of the Fourth Amendment.
• Negotiation and Trial Strategy: As a Houston domestic violence attorney with Certified Specialist status, I bring enhanced credibility and depth to plea negotiations. I fight to achieve a reduction to a non-family violence charge, a dismissal (Dismissal I offer free consultations with Prejudice), or, when necessary, I take your case to trial, prepared to demonstrate reasonable doubt to a Harris County jury.

Record Clearing & Life After a Domestic Violence Case

The consequences of a domestic violence charge in Houston often last well after the court case ends. A conviction, even for a misdemeanor, appears in background checks for years and can block future employment or housing. Under Texas law, some domestic violence charges are never eligible for expunction or nondisclosure (sealing), but others—such as cases dismissed before trial or those resulting in an acquittal—may allow you to request clearance of your public record.

Harris County residents who qualify for expunction or nondisclosure must meet strict requirements, which often involve waiting periods or compliance with all case terms. The expunction process requires applying to the court that handled your case. If successful, your arrest and court records can be removed from public access. Nondisclosure, while not as complete, can limit who sees your criminal history for certain jobs or housing opportunities, helping you move forward with a cleaner slate.

Understanding your options for record clearing and addressing long-term consequences empowers you to rebuild with confidence. Involve a lawyer early in your defense to start laying the groundwork for future recovery, especially if you hope to limit the harm to your professional reputation, family life, and personal goals in Houston.

Why Choose The Aslett Law Firm

When your family, freedom, and reputation hang in the balance, a general criminal defense attorney is not enough. I am a Certified Criminal Law Specialist by the Texas Board of Legal Specialization. This is a verifiable measure of my dedication, expertise, and proven track record in complex criminal litigation. I offer free consultations because I know that an immediate, experienced response is the only way to fight the system. Trust your defense to a specialist who knows how to win these battles.

Facing allegations of domestic violence can feel overwhelming, so you must understand your rights through each stage of the legal process. At The Aslett Law Firm, we aim to provide the knowledge and support you need to move forward with confidence. Our attorneys will guide you through the law’s complexities, ensuring you can make the best decisions for your future.

Here are some key rights you should know:

• The Right to Legal Representation: You have the right to an attorney who will advocate for you and protect your interests.
• The Right to a Fair Trial: Everyone is entitled to a fair hearing, where evidence is presented and considered impartially.
• The Right to Remain Silent: You do not have to speak to law enforcement or provide statements that could incriminate you.
• The Right to Challenge Evidence: You can dispute any evidence presented against you, making sure your side of the story is heard.
• The Right to Seek Support: You can access support services, including counseling and advocacy groups, to help you through the process.

Understanding these rights is the first step in protecting yourself and your future. Do not talk to the police or prosecutors without representation. Call The Aslett Law Firm!

To partner with a Board Certified defense attorney who focuses on domestic violence defenses, call (346) 567-8671 or contact The Aslett Law Firm online.