Domestic Violence Attorney in Missouri City

Aggressive Defense Against Domestic Violence Charges in Missouri City, Texas

When you face domestic violence charges in Missouri City, your reputation, freedom, and livelihood are at stake. At The Sims Law Firm, PLLC, our team guides you through every step and answers your questions with clarity and respect. We bring more than 17 years of criminal law experience and focus on protecting your legal rights at every stage of the case. As a local domestic violence attorney, we are committed to supporting you with compassion and professionalism—from your first call through every courthouse appearance.

Many people wonder how law enforcement agencies in Missouri City investigate domestic violence incidents. Responding officers evaluate the scene thoroughly and may make an arrest based on probable cause, even if the alleged victim refuses to press charges. Fast action by local authorities can leave you with strict conditions such as emergency protective orders. The pace and intensity of these proceedings can be daunting, especially with the unique procedures and rules in Fort Bend County.

Accused of family violence? Secure a Missouri City domestic violence lawyer with former prosecutor experience. Schedule your free consultation by calling (713) 766-1445 or reach out online now. We offer 24/7 availability to fight the EPO and the charge.

Understanding Domestic Violence Laws in Texas

In Texas, the law uses the term "Family Violence" to define criminal acts committed by one member of a family or household against another. 

According to the Texas Family Code, the definitions of "Family" and "Household" are broad, covering:

• Spouses or former spouses.
• Individuals related by blood (consanguinity) or marriage (affinity).
• Parents and children.
• Individuals who live together or have lived together in the same household (e.g., roommates).
• Current or former dating partners.

When an assault offense (or related crime like harassment or terroristic threat) occurs within one of these defined relationships, the charge is explicitly labeled Domestic Violence, triggering enhanced penalties and unique restrictions under the Texas Code of Criminal Procedure.

Common Domestic Violence Charges

• Assault Causing Bodily Injury (Class A Misdemeanor DV): The most common charge, involving intentionally, knowingly, or recklessly causing bodily injury to a family member. Punishable by up to one year in jail and a $4,000 fine.
• Felony Assault (Third-Degree Felony DV): Charged if the defendant has a prior conviction for domestic assault, or if the assault involved impeding the victim's breathing or circulation ("choking"). Punishable by 2 to 10 years in prison.
• Aggravated Assault (Felony DV): Charged if the assault involved a deadly weapon or resulted in serious bodily injury. This is a First- or Second-Degree Felony with potential life imprisonment.

The Immediate Consequences: Protective Orders and Gun Rights

An arrest for domestic violence in Missouri City in Texas, triggers severe consequences immediately, often before the charges are even formally filed.

Mandatory Arrest and Detention

Texas law mandates that police officers make an arrest if they have probable cause to believe that an act of Family Violence has occurred. This often happens in the "heat of the moment" when facts are still unclear. The arrested person is typically held in jail until they are brought before a magistrate.

Emergency Protective Orders (EPOs)

Upon release from jail, a magistrate will issue a Magistrate's Order of Emergency Protection (EPO).

• EPO Restrictions: This court order prohibits the accused from:
  • Committing further acts of violence.
  • Communicating directly or indirectly with the protected person (victim).
  • Going near the victim's residence, workplace, or children's school.
• Mandatory EPO: If the offense involved serious bodily injury or the use of a deadly weapon, the issuance of the EPO is mandatory and typically lasts for a minimum of 61 days.
• Felony Violation: Violation of an EPO is a separate Class A Misdemeanor, which can be upgraded to a felony if the defendant has prior violations.

Permanent Loss of Firearm Rights

A conviction for domestic violence—even a misdemeanor—results in a permanent ban on the right to possess or purchase firearms under federal law. We fight tirelessly to avoid this consequence, knowing the gravity of losing this constitutional right.

Our Comprehensive Approach to Domestic Violence Defense

The defense strategy in a domestic violence case must be aggressive, immediate, and focused on protecting all aspects of the client's life: criminal, civil (custody), and constitutional (gun rights).

Key defense strategies we employ:

• Self-Defense/Defense of Property: This is often the most vital defense. We argue that the client was the true victim, acting only with the necessary force to protect themselves, their children, or their property from the alleged victim. We meticulously gather evidence of prior threats or aggression by the complainant to support this claim.
• False or Exaggerated Accusations: We investigate cases where the accusation was made in the context of a child custody dispute or divorce. We use cross-examination to expose inconsistencies or motivations for lying on the part of the complainant.
• Lack of Bodily Injury/Intent: For Class A Misdemeanor Assault, we challenge whether any "bodily injury" actually occurred. For the more serious felony charges, we argue the lack of intent to commit the felony (e.g., that the touching was reckless, not intentional).
• Challenging the EPO: We immediately work to modify the Emergency Protective Order to restore contact and access to the shared residence, proving to the judge that the allegations do not warrant a complete separation.

Navigating the Legal Process After a Domestic Violence Arrest

The legal process for domestic violence charges in Missouri City follows specific steps, each one with unique rules and risks. If law enforcement responds to a disturbance, they investigate, gather evidence, and may arrest the accused on the spot—even when disputes are minor or the facts are unclear.

• After arrest: Police take the accused into custody for booking, and bail may be set depending on the circumstances of the case.
• Protective orders: The court may issue an emergency order that restricts contact with the alleged victim or bars visits to certain places.
• Court proceedings: Prosecutors review police reports, evidence, and witness statements before deciding whether to pursue charges. Hearings are set where you can plead your case and respond to the accusations.
• Punishments: A conviction could lead to jail or prison time, fines, mandatory counseling, probation, or long-term limitations of your rights under Texas law.

Start your defense early for the best chance at a favorable resolution. When you work closely with a domestic violence lawyer in Missouri City, you gain access to knowledgeable guidance that protects you both during and after the investigation. Early action helps preserve your options and prevent misunderstandings from becoming permanent legal consequences.

Why Choose Our Domestic Violence Defense Team

Clients turn to The Sims Law Firm, PLLC because we deliver much more than basic legal support. Attorney Brandon Sims brings insight as a former felony prosecutor, giving us a comprehensive view of both the prosecution’s strategy and defense tactics. 

By understanding how prosecutors evaluate evidence, we prepare strong, tailored cases for every client. When you choose our firm for your defense, you get direct guidance and skilled legal representation from a team with deep ties in the Missouri City area.

Our domestic violence defense lawyers use prompt, respectful communication and careful analysis to keep you fully informed about your situation. We know what matters most to people facing such charges: trust, clarity, and real support. We tailor our process to fit your case, addressing both immediate legal concerns and long-term consequences, such as employment and housing.

Our team thoroughly investigates each case, carefully reviews all evidence, and prepares for every step prosecutors may take in court:

• Review all evidence: We examine police records, photographs, available communications, and physical evidence.
• Investigate case facts: Our team checks for missing details, mistakes in the investigation, and possible bias or misinterpretation.
• Protect your rights: We evaluate whether law enforcement respected your legal rights and challenge possible violations aggressively.
• Explore legal options: Our defense team discusses negotiation, pretrial intervention, or trial strategies that fit your circumstances.
• Keep you informed: We respond to your questions quickly and explain the impact of each turn in your legal process.

Take the Next Step—Contact a Missouri City Domestic Violence Lawyer

Your future is worth protecting. Start your defense with a team that understands both the prosecution’s moves and how Missouri City’s courts work. We offer clear answers and determined support when you need a domestic violence attorney in Missouri City who truly listens and stands up for your rights.

Call (713) 766-1445 or fill out this online form to begin a confidential consultation and take control of your legal options.

FAQs

Can domestic violence charges be dropped after they are filed?

After prosecutors file charges in Missouri City, only they have the authority to dismiss them. Even if an alleged victim requests to drop charges, prosecutors may continue the case when they believe evidence supports proceeding.

What penalties could result from a domestic violence conviction?

Penalties can include fines, probation, jail or prison time, protective orders, and required counseling. Consequences depend on the severity of the charge and the facts proven in court.

Will I have a criminal record if convicted of domestic violence?

Yes, a conviction leads to a permanent criminal record, which may impact job opportunities, housing, and community standing. In Texas, removing such convictions from your record is extremely limited under current law.

What should I do if I’m accused of domestic violence?

Do not contact the alleged victim if a protective order is in place. Speak with a domestic violence attorney quickly and only discuss details with your lawyer to avoid jeopardizing your defense.

Are there defenses to domestic violence charges?

Defenses depend on your situation. Some strategies include showing a lack of evidence, proving false accusations, or establishing self-defense. An experienced domestic violence lawyer will review your case and help you identify your options.

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