Dallas Family Violence Attorney
» Print This PageFacing Family Violence or Domestic Assault Charges in Dallas? You Need a Former Prosecutor Knows How to Fight Back
A family violence arrest in Texas triggers immediate consequences that most people never see coming.
Now you are facing domestic violence charges that could destroy your career, your custody rights, and your freedom.
The Dallas County District Attorney maintains a dedicated Family Violence Division that aggressively pursues convictions, even when the alleged victim does not want to press charges.
Texas law allows prosecutors to move forward without cooperation from the alleged victim, using 911 recordings, body camera footage, witness statements, and photographs as evidence against you.
A family violence conviction carries consequences that extend far beyond jail time.
Federal law permanently strips your right to own or possess firearms.
A single misdemeanor assault conviction can cost you your job, your professional license, and your ability to see your children.
Family violence charges cannot be expunged or sealed from your record, meaning this accusation will follow you for the rest of your life.
The situation becomes even more serious if prosecutors allege strangulation or choking, which automatically elevates charges to a third degree felony regardless of whether this is your first offense.
A second domestic assault conviction, even years after the first, triggers felony enhancements carrying two to ten years in state prison.
Many people facing domestic violence charges make critical mistakes by talking to police without an attorney, violating protective orders, or believing cooperation will make the charges disappear.
These mistakes give prosecutors exactly the evidence they need for conviction.
How Michael Lowe Can Help You Fight Dallas Domestic Violence Charges
Fighting family violence charges requires more than a general understanding of criminal defense.
You need a Dallas family violence attorney who understands how prosecutors build these cases and knows how to dismantle their evidence piece by piece.
Michael Lowe brings over 150 jury trials of experience to every case, including his background as a former Dallas County prosecutor who spent significant time as Chief Prosecutor assigned to a family violence court in Dallas County trying family violence cases to Dallas County juries.
Misdemeanor Assault Family Violence Defense
First-time family violence assault charges causing bodily injury are typically charged as Class A misdemeanors carrying up to one year in county jail and fines up to $4,000.
Michael Lowe examines every aspect of the arrest, identifying constitutional violations and weaknesses that can lead to dismissal or reduction before trial.
Felony Assault Family Violence Defense
A second domestic assault charge automatically becomes a third degree felony under Texas law, even if the first conviction occurred years ago.
Michael Lowe fights felony family violence charges by challenging the validity of prior convictions, the sufficiency of evidence, and the credibility of witness statements.
Aggravated Domestic Assault Defense
When prosecutors allege serious bodily injury or the use of a deadly weapon, charges escalate to aggravated assault carrying two to twenty years in prison.
Michael Lowe has defended clients facing the most serious aggravated assault allegations in Dallas County and throughout North Texas.
Strangulation and Impeding Breath Charges
Texas law treats any allegation of choking or impeding breath as an automatic third degree felony, even for defendants with no prior criminal history.
Michael Lowe challenges the physical evidence, medical records, and witness accounts that form the basis of strangulation charges.
Continuous Violence Against the Family
Prosecutors can charge continuous violence against the family when they allege two or more family violence incidents within a twelve-month period, even without prior arrests.
Michael Lowe fights these charges by attacking the credibility of the alleged pattern and challenging the evidence supporting each individual allegation.
Protective Order Defense and Hearings
Emergency protective orders issued after family violence arrests can remove you from your home and restrict contact with your children.
Michael Lowe represents clients at protective order hearings, presenting evidence to prevent or modify these restrictions before they cause lasting damage.
Dating Violence Defense
Texas law extends family violence protections to dating relationships, meaning allegations involving current or former romantic partners carry the same serious consequences.
Michael Lowe defends clients facing dating violence charges with the same aggressive approach applied to all domestic violence cases.
False Accusation Defense
False allegations of family violence arise frequently during divorce proceedings, child custody disputes, and relationship conflicts.
Michael Lowe investigates the circumstances surrounding accusations, uncovering motives for fabrication through witness statements, text messages, and inconsistencies in the alleged victim’s account.
Self Defense Claims
Texas law recognizes the right to protect oneself from harm, including in domestic situations.
Michael Lowe evaluates whether defensive measures were reasonable and proportionate, building self defense arguments that can result in dismissal or acquittal.
Why You Need A Former Dallas County Prosecutor Who Knows How the State Builds Family Violence Cases
When prosecutors in Dallas County build their case against you, they follow patterns and strategies that Michael Lowe learned firsthand during his years as a prosecutor.
His Board Certification in Criminal Law by the Texas Board of Legal Specialization since 2007 signals to prosecutors that every piece of evidence will be scrutinized at the highest level.
For you, this means the same techniques used to secure convictions will now be used to identify weaknesses in the case against you.
Michael Lowe has tried over 150 jury trials across Dallas County, Tarrant County, and federal courts throughout Texas.
This extensive courtroom experience means your defense attorney will not be learning trial strategy at your expense.
Since establishing his law office in 2003, he has dedicated his entire practice exclusively to criminal defense.
This singular focus means no distractions from other practice areas that dilute attention from your defense.
Michael Lowe has written extensively on defending family violence cases and has identified the common mistakes other lawyers make when handling these matters.
Speak to an Experienced Domestic Violence Lawyer Today to Protect Your Freedom and Your Future
Every day that passes without experienced legal representation gives prosecutors more time to build their case against you.
Evidence disappears, witnesses become unavailable, and opportunities to challenge the charges diminish with time.
Michael Lowe offers a free initial consultation to review your family violence case and explain your options.
This confidential conversation allows you to understand exactly what you are facing and how an aggressive defense strategy can protect your rights.
Do not let a single accusation define the rest of your life.
Contact Michael Lowe today at (214) 526-1900 to discuss your case.
Your freedom, your family, and your future deserve a defense attorney who will fight for you.
Frequently Asked Questions About Family Violence Charges in Dallas
What qualifies as family violence under Texas law?
Texas law defines family violence broadly to include any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family or household member. This includes current and former spouses, parents of the same child, people related by blood or marriage, roommates, and anyone in a current or former dating relationship. The definition also covers threats that reasonably place someone in fear of imminent physical harm.
Can charges be dropped if the alleged victim does not want to prosecute?
Texas prosecutors have full authority to pursue family violence cases regardless of the alleged victim’s wishes. The state can proceed using 911 recordings, police body camera footage, photographs of injuries, and statements made at the scene. Many people mistakenly believe an affidavit of non-prosecution will end their case, but prosecutors routinely continue pursuing convictions even when victims refuse to testify.
What is the difference between a misdemeanor and felony family violence charge?
A first-time assault causing bodily injury is typically charged as a Class A misdemeanor with penalties up to one year in jail and $4,000 in fines. The charge becomes a third degree felony if you have any prior family violence conviction or if the alleged offense involved strangulation. Aggravated assault involving serious bodily injury or a deadly weapon is charged as a second degree felony or higher.
Will a family violence conviction affect my gun rights?
Yes. Federal law permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. This applies even to misdemeanor convictions and cannot be restored through expungement. A family violence conviction will trigger immediate loss of any firearms you possess and permanently bar future purchases.
How does a family violence charge affect child custody in Texas?
Family courts consider family violence when making custody and visitation decisions, and a conviction or pending charges can result in supervised visitation or loss of custody. Judges review family violence allegations carefully, and a criminal conviction creates a presumption against awarding custody to the convicted person. Protecting yourself in the criminal case directly impacts your parental rights.
What should I do if I have been falsely accused of family violence?
Do not contact the alleged victim, as violating a protective order creates additional criminal charges. Document everything you can remember about the incident, preserve text messages that may support your defense, and contact a criminal defense lawyer immediately. False accusations often unravel when thoroughly investigated by an experienced attorney.
Can I claim self defense in a family violence case?
Texas law allows individuals to use reasonable force to protect themselves from harm, including in domestic situations. However, self defense claims require showing that you reasonably believed force was necessary and that the force used was proportionate to the threat. Defensive measures that exceed what was necessary may not qualify for self defense protection.
How long do family violence charges stay on my record?
Family violence convictions remain on your criminal record permanently in Texas. Unlike many other offenses, domestic violence charges resulting in conviction or deferred adjudication cannot be expunged or sealed. Employers, landlords, and licensing agencies will see these charges on background checks indefinitely.
