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Practice Areas · Domestic & Family Violence

A family violence finding follows you for life. We know where these cases break.

An affirmative finding of family violence reaches your gun rights, your custody case, your immigration status, and your employment. We have dismissed nearly 200 of these cases, and Patrick McGuire prosecuted domestic violence cases for Dallas County before he defended them. Before you talk to anyone, talk to us.

Available 24/7. Free, confidential consultation.

What's at Stake

The charge ends. The finding does not.

Texas treats family violence unlike any other charge. When a court enters an affirmative finding of family violence, it attaches to the judgment itself and stays there. Even successful deferred adjudication cannot be sealed when the offense involves family violence. Most people learn that after they plead, when it is too late to undo.

The consequences reach further than any sentence. A conviction bars you from possessing a firearm under federal law. Family courts weigh the finding against you in custody and conservatorship disputes. For non-citizens, it can trigger removal proceedings. Employers and licensing boards see it on every background check, and a second accusation can be charged as a felony because of the first.

The State of Texas presses these charges, not the person who called 911. Prosecutors can and do go forward when the complaining witness recants, and an emergency protective order can keep you out of your own home while the case is pending. The window to shape the case is early, before the file hardens into a filing decision.

How We Defend It

We prosecuted these cases. Now we take them apart.

Patrick McGuire prosecuted domestic violence cases for Dallas County. He knows which witnesses carry the file, how the State proves an injury, and where these cases break. That knowledge drives every step below.

01

Move before the finding exists

The most important work happens before the State locks in its filing decision. We contact the prosecutor early, put the exculpatory evidence and the full context in front of them, and push for dismissal before the case builds momentum. Nearly 200 of our family violence cases have ended in dismissal.

02

Test the State’s evidence, not the accusation

We pull the 911 audio, the body camera footage, the photographs, and every statement the complaining witness gave, then line them up. Inconsistent accounts, injuries that do not match the story, and self-defense facts the responding officers ignored are where these cases come apart.

03

Handle a recanting witness correctly

When a complaining witness wants the case dropped, doing it wrong can hurt you and expose them. We handle affidavits of non-prosecution through counsel and pair them with the evidentiary problems that give a prosecutor a documented reason to dismiss.

04

Prepare every case for trial

Trial fees are included in our quote, so the decision to try your case rests on the evidence, never on a second invoice. Prosecutors know which defense lawyers will pick a jury, and it changes the offers they make.

Track Record

Results in domestic & family violence cases

Family violence is the highest-volume charge we defend. A sample of outcomes from both attorneys:

  • Nearly 200 dismissed Assault Family Violence
  • Dismissed Aggravated assault with serious bodily injury, family violence

Past results do not guarantee future outcomes. Every case depends on its own facts.

Before You Call

Domestic & Family Violence: the questions clients ask first.

My partner doesn’t want to press charges. Will the case be dropped?
Not automatically. In Texas, the State presses the charge, not the person who called the police, and prosecutors regularly go forward when a complaining witness recants. An affidavit of non-prosecution can help, but only when it is handled through counsel and paired with a defense that gives the prosecutor a documented reason to dismiss. Do not have your partner contact the district attorney on their own.
Am I going to jail?
It depends on the charge, the county, your record, and the evidence, and we will give you a straight answer once we have seen the facts. For many of our clients the larger danger is not jail. It is the family violence finding, which outlasts any sentence and cannot be sealed. Keeping that finding off your record is the first objective in nearly every case we take.
Should I just take deferred adjudication so this goes away?
Be careful. Deferred adjudication with a family violence finding is not the clean exit it sounds like. The finding still cannot be sealed, it can still turn a future accusation into a felony, and it will surface on background checks for the rest of your life. Do not accept any plea in a family violence case before a defense lawyer has examined the State’s evidence.
There’s a protective order keeping me away from my home and my kids. Can that change?
Often, yes. Emergency protective orders are routine after a family violence arrest, and a court can modify them, including to let you return home or see your children. That requires a motion and a hearing, not an informal agreement. Violating the order, even at the other person’s invitation, is a new criminal charge. Call us before you go back.
Free Consultation

The call is free. Waiting is not.

Evidence goes stale, witnesses move, and deadlines pass whether you have hired a lawyer or not. The earlier we start, the more we can do.

Free consultation · Available 24/7 · info@mycasedismissed.com