San Antonio Domestic Violence Attorney

Domestic violence allegations can arise from arguments and confrontations that escalate quickly. Police may arrive after a 911 call and have to determine what happened based on statements, visible injuries, witnesses, photographs, video, and other evidence available at the scene.

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In some situations, the accounts provided by the people involved may conflict. Alcohol, heightened emotions, relationship problems, or misunderstandings can further complicate what officers encounter.

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A domestic violence defense attorney can review the entire situation rather than relying solely on the initial allegations.

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What Is Considered Domestic Violence in Texas?

Domestic violence is not necessarily a separate criminal offense called “domestic violence” under Texas law. Instead, criminal charges such as assault may receive a family violence designation because of the relationship between the accused and the alleged victim.

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These cases can involve:

• A spouse or former spouse

• A current or former dating partner

• Parents of the same child

• Certain relatives

• People who currently live together

• People who previously lived in the same household

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One of the most common charges is Assault Family Violence.

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Texas assault allegations can involve bodily injury, threats of imminent bodily injury, or certain types of physical contact.

 

The specific circumstances determine the charge and potential consequences.

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Assault Family Violence in San Antonio

Assault Family Violence is one of the most common types of domestic violence cases.

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A disagreement does not need to result in a serious injury for an arrest to occur. Depending on the circumstances, allegations involving pushing, grabbing, hitting, or other physical contact may result in an assault investigation.

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These cases often depend heavily on what happened during a relatively short period of time.

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A defense investigation may involve reviewing:

• Police reports

• Officer body-camera footage

• 911 recordings

• Photographs

• Medical records

• Witness statements

• Text messages and emails

• Surveillance or cellphone video

• Statements made by both parties

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Evidence obtained after the arrest may provide important context that was not available to officers at the scene.

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What Happens After a Domestic Violence Arrest in San Antonio?

After an arrest, the accused will typically be booked and brought before a magistrate. Bail may be established along with conditions that must be followed after release.

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Domestic violence cases may involve restrictions on contact with the alleged victim or access to a shared residence.

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Depending on the circumstances, an Emergency Protective Order may also be issued.

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These restrictions should be taken seriously.

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Even if the alleged victim wants to communicate or asks the accused to return home, a court order remains in effect until it expires or is legally modified.

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If you have recently been arrested, you can also read more about what happens after a family violence arrest in San Antonio, including bond conditions, protective orders, and the early stages of the criminal case.

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Can the Alleged Victim Drop Domestic Violence Charges?

A common misconception is that the alleged victim can simply “drop the charges.”

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Once law enforcement and prosecutors become involved, the decision about whether a criminal case continues generally belongs to the prosecution.

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The alleged victim may tell prosecutors that they do not want the case pursued. They may also clarify, change, or dispute an earlier statement. That information can potentially become important to the defense, but it does not automatically end the case.

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Prosecutors may consider other available evidence, including 911 recordings, police body-camera footage, photographs, witnesses, and statements made at the scene.

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Can Domestic Violence Charges Be Dismissed in Texas?

Domestic violence charges can be dismissed in some cases, but the possibility of dismissal depends on the evidence and circumstances.

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Issues that could become important to a defense may include:

• Inconsistent statements

• Lack of evidence

• False or exaggerated allegations

• Self-defense

• Defense of another person

• Conflicting witness accounts

• Video or electronic evidence

• Problems with the investigation

• Whether prosecutors can prove every required element of the offense

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Larry Bloomquist can evaluate the evidence and determine whether there are weaknesses in the prosecution's case.

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What Are the Penalties for Domestic Violence in Texas?

Potential penalties depend on the conduct alleged, the defendant's criminal history, and other circumstances.

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Some Assault Family Violence cases may be prosecuted as misdemeanors. Other allegations can result in felony charges.

Prior family violence convictions can significantly affect a subsequent case. Allegations involving impeding someone's normal breathing or circulation can also lead to more serious charges.

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More severe allegations involving serious bodily injury or the use or exhibition of a deadly weapon may potentially result in aggravated assault charges.

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Because the classification of the offense can dramatically affect the possible punishment, it is important to determine exactly what charge has been filed.

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Protective Orders and Domestic Violence Cases

A domestic violence allegation can lead to consequences outside the criminal prosecution itself.

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Protective orders may restrict contact between the accused and alleged victim and can potentially affect where someone lives and other aspects of daily life.

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When the people involved share a home or have children together, these restrictions can create immediate practical problems.

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Violating a protective order can create additional legal consequences, so defendants should understand exactly what conduct is prohibited.

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Domestic Violence Allegations and Gun Rights

Firearm possession can become an important issue in domestic violence cases.

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Certain protective orders and domestic violence convictions can affect a person's ability to legally possess firearms under state or federal law.

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Because firearm restrictions depend on the particular circumstances and disposition of a case, defendants who own or possess firearms should discuss this issue with their attorney rather than assuming they can continue possessing them.

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What If You Were Acting in Self-Defense?

An allegation of domestic violence does not automatically mean the person accused was the aggressor.

Arguments and physical confrontations can involve conflicting accounts of who initiated the encounter and why someone used force.

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Self-defense may be an important issue in some cases.

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Evidence such as injuries to the accused, witness testimony, video footage, text messages, photographs, and 911 recordings may help establish what occurred.

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The defense should examine the events leading up to the confrontation rather than considering only what was reported after police arrived.

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What If the Domestic Violence Accusation Is False?

False or exaggerated allegations can occur, particularly during highly contentious relationship disputes, separations, divorces, or custody disagreements.

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However, simply saying that an accusation is false is not enough to defeat a criminal case.

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The defense may need to identify evidence that contradicts the allegation or raises reasonable doubt about what occurred.

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That could include inconsistent statements, electronic communications, witness testimony, video, photographs, or other evidence.

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Defendants should also avoid contacting an accuser in violation of a court order or attempting to persuade someone to change a statement.

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Assault vs. Family Violence: What's the Difference?

An ordinary assault and an Assault Family Violence allegation may involve similar conduct. One of the important differences is the relationship between the people involved.

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An assault involving a stranger, for example, generally does not have the same family violence component as an allegation involving a spouse, qualifying dating partner, family member, or household member.

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Understanding that distinction is particularly important because a family violence finding can have consequences beyond the immediate criminal penalties.

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Learn more about the difference between assault and family violence in Texas and why the relationship between the parties matters.

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Why Hire a San Antonio Domestic Violence Attorney?

Domestic violence cases can move quickly, and decisions made immediately following an arrest can affect the case later.

An experienced criminal defense attorney can investigate the allegations independently, obtain and review evidence, identify inconsistencies, evaluate potential defenses, and communicate with prosecutors on the defendant's behalf.

The goal is not simply to review what appears in the police report. It is to understand what actually happened and determine whether the prosecution can prove its case.

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Contact Our San Antonio Domestic Violence Attorney

If you have been arrested or accused of domestic violence in San Antonio, you do not have to navigate the criminal justice system alone.

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Attorney Larry Bloomquist represents clients facing domestic violence, Assault Family Violence, and other criminal allegations in San Antonio and Bexar County.

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Contact the Law Office of Larry Bloomquist to discuss the allegations against you, the possible consequences, and the defense options available based on the circumstances of your case.

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Larry Bloomquist also represents individuals facing family violence allegations in Comal County. If your case is in the New Braunfels area, learn more about representation from a New Braunfels family violence attorney.