False Domestic Violence Allegations in Texas — How to Defend Yourself
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
The immediate hours after an allegation
If police are responding to an alleged family violence incident:
- Comply with all officer instructions calmly. Even if you are not the aggressor, police on scene treat both parties as potential threats. Sudden movements, defensive language, and emotional reactions create danger.
- Do not make statements to police without counsel. Texas Code of Criminal Procedure Art. 38.22 governs admission of statements; voluntary statements at arrest are extensively used at trial. Decline to discuss the incident.
- Texas mandatory arrest does not apply universally. Texas does not have universal mandatory arrest for family violence — officers exercise discretion under Code of Criminal Procedure Art. 14.03. Primary aggressor analysis under Art. 5.04 directs single arrest in mutual situations.
- Texas automatic emergency protective order. Upon arrest for family violence under Art. 17.292, the magistrate must issue Emergency Protective Order (EPO). EPO prohibits contact and certain locations for 31-91 days.
- If you are arrested: Invoke Fifth Amendment, request counsel, do not unlock phones, do not consent to searches
- If you are not arrested but on the scene: Document everything immediately — photos, witness names, time, observations of the alleged victim
The first 72 hours after release
- Engage criminal defense counsel within 24 hours. Time-sensitive evidence preservation, witness contact, and bond strategy
- Comply with EPO completely. No contact through any means — direct, through third parties, social media, mutual friends. Violations are separate Penal Code §25.07 offenses.
- Document everything from the incident. Your account in writing while details are fresh; physical evidence at home; injuries you sustained; witness contact information
- Identify witnesses. Anyone who saw, heard, or interacted with you or the accuser before, during, or after the incident
- Preserve digital evidence. Texts, emails, voicemails, social media messages, location data, communications with accuser
- Photograph any injuries to yourself. Defensive injuries, contact patterns, anything supporting your account
- Secure firearms. EPO requires firearm surrender under Texas Family Code §85.022(d) and Federal 18 USC §922(g)(8)
- Identify character witnesses. Family, friends, coworkers, employers who can speak to your character and conduct
- Avoid social media. Even posts unrelated to the case can be used out of context
- Consider housing logistics. If EPO bars return to shared residence, alternative housing arrangements
Building the defense over weeks and months
- Comprehensive investigation. Counsel-directed investigation of the incident, the accuser's background, and the relationship history
- Witness statements and depositions. Formal statements from supporting witnesses; depositions of opposing witnesses in family law proceedings
- Subpoena records. Phone records, GPS data, medical records, financial records, prior court documents
- Expert engagement. Forensic psychologists, medical experts (if injury claims are involved), private investigators
- Family law coordination. If divorce or custody proceedings are pending, coordinated criminal-civil strategy
- Plea negotiation positioning. Building evidence to support dismissal, reduction to non-family-violence charge, or favorable plea
- Trial preparation. If case proceeds to trial, witness preparation, exhibit organization, jury research
Common mistakes that worsen Texas false allegation cases
- Talking to police voluntarily. "I have nothing to hide" statements are used at trial regardless of innocence
- Contacting the accuser. Any contact violates EPO and creates separate criminal exposure
- Social media defense. Public posts about the case create discoverable evidence and inflame the prosecution
- Confrontation with accuser's family or friends. Witness intimidation allegations easily follow
- Refusing to surrender firearms. Federal felony and state probation revocation
- Hiding assets in anticipation of divorce. Creates separate fraud exposure and family court sanctions
- Recording without legal advice. Texas one-party consent is broad but exceptions exist; consult counsel
- Solo strategy without coordination. Criminal and family defense require coordination; siloed representation creates conflicts
- Premature settlement attempts. Accepting unfavorable terms early because of overwhelm
- Trial without thorough preparation. Defendant testimony, witness preparation, and exhibit organization are critical
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What should I do if my partner files false DV allegations in Texas?
Engage criminal defense counsel immediately; comply completely with EPO; document everything; identify witnesses; preserve digital evidence; do not contact the accuser; do not make statements to police without counsel; coordinate criminal and family proceedings.
Can false DV allegations be a crime in Texas?
Yes — Texas Penal Code §37.08 prohibits false statements to peace officers. Texas Family Code §261.107 prohibits false CPS reports. Civil claims for malicious prosecution and defamation may also apply.
How long does a Texas Emergency Protective Order last?
31-91 days under Texas Code of Criminal Procedure Art. 17.292, depending on the circumstances and judge. Final protective orders under Family Code Chapter 85 can extend to 2 years (longer in some specific circumstances).
Will false DV allegations stay on my record if dismissed?
Arrest records persist. Expunction under Texas Code of Criminal Procedure Chapter 55 is available when cases are dismissed, but the process requires petition and time. Pre-conviction records (arrest, indictment) can be expunged in many circumstances.
Can I file a counter-protective order against my false accuser?
Possibly — Texas Family Code Chapter 85 protective orders can be filed by either party. If you can demonstrate that you are actually the victim of family violence, a counter-application can be appropriate. Counsel guidance is essential.
