Domestic Violence

Texas Domestic Violence Defense Attorneys | Dotzel Calhoun

Dotzel Calhoun represents individuals accused of Domestic Violence, Assault Family Violence, Felony Assault Family Violence, Assault Family Violence Impeding Breath/Strangulation, Continuous Violence Against the Family, Aggravated Assault Family Violence, and related offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas. Attorneys Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials.

Domestic violence accusations can have consequences far beyond the immediate criminal charge. An arrest may result in restrictions on contact with a spouse or family member, orders affecting access to the home, firearm consequences, and lasting effects from a family-violence finding. For that reason, these cases should be evaluated carefully from the beginning.

CASE RESULTS:

Before Filing, After Filing, and at Jury Trial—Success at Multiple Stages

CASE RESULT 1: Assault Family Violence Impeding Breath, Case No-Billed by Grand Jury
Dotzel Calhoun represented a client accused of the Third-Degree Felony of Assault Family Violence Impeding Breath. Before indictment, we investigated the allegations and advocated for our client during the grand-jury process. The grand jury ultimately returned a No Bill and declined to indict the client, ending the prosecution without the client having to proceed to trial.

CASE RESULT 2: Assault Family Violence, Charge Dismissed After Negotiations
In another family-violence case, Dotzel Calhoun challenged the prosecution and communicated with the District Attorney’s office regarding problems with the State’s case. After negotiations, prosecutors agreed to dismiss the charge rather than proceed with the prosecution.

CASE RESULT 3: Aggravated Assault Causing Serious Bodily Injury – NOT GUILTY at Jury Trial
In a felony family-violence case, Justin Dotzel represented a client was charged with Aggravated Assault Causing Serious Bodily Injury. The Charge carried a punishment range of 5 to 99 years or Life in prison. The client maintained his innocence, and Justin Dotzel took the case to jury trial.

After hearing the evidence and our defense challenges to the State’s allegations, the jury returned a verdict of NOT GUILTY.

This case is a reminder of an important distinction in criminal law: an arrest or accusation is not a conviction. When prosecutors elect to proceed with a case and an acceptable resolution cannot be reached, the State still bears the burden of proving every element of the allegation beyond a reasonable doubt.

When the accusations are serious and the stakes are high, our former chief felony prosecutors are prepared to investigate the evidence, confront the allegations, and take the case to trial.

What Is Domestic Violence or Assault Family Violence in Texas?

Texas criminal courts commonly use the term Assault Family Violence, while many people refer to the same general category of cases as domestic violence.

A person commits assault causing bodily injury when he or she intentionally, knowingly, or recklessly causes bodily injury to another person. When the alleged victim has a qualifying family, household, or dating relationship with the accused, the case may be designated as involving family violence. Texas law defines qualifying relationships broadly and includes certain spouses and former spouses, relatives, parents of the same child, household members, and people who are or were in a dating relationship.

Who Counts as a Family Member, Household Member, or Dating Partner?

A family-violence case does not have to involve a married couple.

Family violence can apply to alleged violence involving spouses, former spouses, people related by blood or marriage, parents of the same child, people who live or previously lived in the same household, and individuals who have or previously had a continuing romantic or intimate dating relationship. A casual acquaintance or ordinary social relationship does not automatically qualify as a dating relationship.

As a result, allegations involving a boyfriend, girlfriend, former dating partner, roommate, sibling, parent, or other qualifying person may all potentially result in a family-violence designation.

What Is the Punishment for Assault Family Violence in Texas?

A first allegation of Assault Family Violence causing bodily injury is commonly charged as a Class A misdemeanor, punishable by up to one year in county jail and a fine.

The offense can become substantially more serious in certain circumstances.

A bodily-injury assault against a family, household, or dating partner can generally become a third-degree felony if the accused has a qualifying prior family-violence conviction. It can also be charged as a third-degree felony when the State alleges that the accused impeded the alleged victim’s normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth—conduct commonly referred to as strangulation. Under certain circumstances involving both a qualifying prior conviction and strangulation allegations, the offense can become a second-degree felony. And an Aggravated Assault with a Deadly Weapon Causing Serious Bodily Injury to a Family Member—sometimes referred to by criminal lawyers as a “Super Aggravated Assault”—is a first-degree felony.

Because prior history and the exact manner alleged can significantly change the punishment range, the specific charging documents and criminal history should be carefully reviewed.

What Is Felony Assault Family Violence?

Not every domestic-violence case is a misdemeanor.

Texas law allows Assault Family Violence causing bodily injury to be elevated to a felony when certain circumstances exist, including a qualifying prior family-violence conviction or an allegation that the accused impeded the alleged victim’s breathing or blood circulation.

A felony family-violence charge can expose the accused to years in prison and can create serious collateral consequences even after the criminal case is resolved.

What Is Assault Family Violence Impeding Breath?

Texas law treats allegations involving strangulation or suffocation particularly seriously.

An Assault Family Violence case can generally be charged as a third-degree felony when the State alleges that the accused intentionally, knowingly, or recklessly impeded the normal breathing or circulation of blood of a qualifying family, household, or dating partner by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

These cases often involve detailed factual disputes. Important evidence may include photographs, medical records, body-camera video, 911 recordings, witness testimony, the presence or absence of visible injuries, statements made immediately after the incident, and later statements by the people involved.

What Is Continuous Violence Against the Family?

Generally, a person can be charged with this crime when the State alleges that, during a period of 12 months or less, the accused committed assault causing bodily injury two or more times against people with qualifying family, household, or dating relationships. The offense is a third-degree felony.

Because Continuous Violence cases may involve multiple alleged incidents spread over time, investigation of messages, photographs, witnesses, timelines, prior police contacts, and other evidence can become especially important.

Can the Alleged Victim “Drop the Charges”?

Not necessarily.

One of the most common misunderstandings in domestic-violence cases is that the alleged victim controls whether the prosecution continues. Once law enforcement becomes involved, the criminal case belongs to the State of Texas, not to the alleged victim. The prosecutor ultimately decides whether to pursue, reduce, or dismiss the charge. An alleged victim may tell prosecutors that he or she does not want the case prosecuted, but the District Attorney’s office is not required to dismiss the case simply because that is the alleged victim’s request.

Many District Attorney’s Offices use what is sometimes called an evidence-based prosecution approach. Instead of relying exclusively on whether the alleged victim wants to cooperate, prosecutors examine the other available evidence. That evidence can include photographs of visible injuries, body-camera footage, medical records, witness statements, text messages, admissions allegedly made by the accused, physical evidence, and 911 recordings that may be admissible at trial.

Whether particular statements or recordings can actually be admitted into evidence is a separate legal question. Hearsay rules and the constitutional right to confront witnesses can become important when an alleged victim is unwilling or unavailable to testify. But the simple fact that an alleged victim asks for dismissal does not automatically end the prosecution.

What Happens if the Alleged Victim Changes the Story or Recants?

A recantation can be important, but it does not automatically require dismissal.

Police and prosecutors may compare the later statement with what the alleged victim initially told 911 operators, responding officers, medical personnel, friends, family members, or other witnesses. They may also compare the different accounts with photographs, body-camera footage, physical evidence, and documented injuries.

From the defense perspective, a change in an important witness’s account can raise significant credibility issues. The reason for the change, the circumstances surrounding the original statement, inconsistencies between versions, and whether objective evidence supports either account may all become important.

Each case must be evaluated based on the evidence rather than simply assuming that either the first statement or the later statement is necessarily accurate.

What Evidence Is Used in a Domestic Violence Case?

A common misconception is that all domestic violence cases are “he said/she said.” While every case is different, domestic violence prosecutions are often built from evidence created within minutes of the alleged incident.

A 911 call may preserve statements and emotions from the immediate aftermath. Police body-camera video may show the appearance and demeanor of the people involved, the condition of the scene, statements made to officers, and whether officers observe injuries. Photographs may document—or fail to document—physical injuries. Third-party witnesses may provide an account that supports or contradicts what either person says occurred.

Other cases may involve text messages, social-media messages, home-security cameras, doorbell cameras, surveillance video, phone records, medical evidence, or recordings created by one of the people involved.

A defense investigation should examine the entire body of evidence, rather than only the portion that appears in a police report.

Can the Jury Hear About the History of the Relationship?

In many family-violence cases, the evidence is not limited strictly to what happened during the charged incident. Texas Code of Criminal Procedure Article 38.371 allows either side, subject to the Rules of Evidence and other applicable law, to offer relevant evidence about the facts and circumstances of the relationship between the accused and the alleged victim when that evidence helps the jury understand the case.

That can include evidence concerning the nature and history of the relationship when it is relevant to understanding the alleged offense. However, Article 38.371 does not automatically make otherwise inadmissible character evidence admissible, and the normal Texas Rules of Evidence still apply.

For the defense, this can be important because the history of a relationship may provide context for statements, motives, credibility issues, prior disputes, claims of self-defense, or why the events described by one side may not tell the complete story.

What Defenses Apply to a Domestic Violence Charge?

The appropriate defense depends on the facts of the particular case. Common issues can include:

• Self-Defense: A person may be legally justified in using force when he or she reasonably believes the force is immediately necessary to protect against another person’s unlawful use or attempted use of force.
• Defense of Others: Texas law may also justify force used to protect another person in appropriate circumstances.
• No Bodily Injury: In a bodily-injury assault prosecution, the State must prove the alleged bodily injury beyond a reasonable doubt.
• Accidental Conduct or Lack of Required Mental State: Assault causing bodily injury requires proof that the accused acted intentionally, knowingly, or recklessly. Truly accidental conduct may present a different legal issue.
• Credibility and Inconsistent Statements: Differences between 911 calls, police reports, body-camera recordings, witness accounts, medical evidence, and later testimony can become central to the defense.
• False or Mistaken Allegations: Family and dating relationships can involve emotionally charged disputes, separations, custody disagreements, or other circumstances that require careful examination of an accusation and the surrounding evidence.
• Insufficient Evidence: The State bears the burden of proving every element of the offense beyond a reasonable doubt.
• Constitutional Violations: Statements or physical evidence obtained unlawfully may sometimes be excluded from evidence.

Can Self-Defense Apply in a Domestic Violence Case?

Yes. The fact that two people are married, dating, related, or living together does not eliminate the right of self-defense.

Texas law generally permits a person to use force when the person reasonably believes the force is immediately necessary to protect against another person’s use or attempted use of unlawful force. Whether self-defense applies is highly fact-specific.

Domestic violence cases involving self-defense may turn on who initiated the confrontation, differences in size or strength, prior threats, injuries to both people, witness testimony, video evidence, damage to the scene, statements made during or immediately after the incident, and what the accused reasonably believed was happening when force was used.

A thorough defense investigation should therefore examine evidence concerning the entire confrontation rather than simply accepting whichever person first called police as the aggressor.

Should I Speak to Detectives About a Domestic Violence Allegation?

A person accused of family violence should be cautious about giving a statement to law enforcement before consulting with a criminal defense attorney.

Detectives may ask the accused to “tell their side of the story,” sometimes before an arrest occurs. While there may be circumstances in which providing information to law enforcement is strategically appropriate, statements can also become evidence against the accused.

A criminal defense attorney can first evaluate what is known about the allegation and available evidence, determine whether an interview would be helpful or harmful, and communicate with investigators when appropriate.

Should I Contact the Alleged Victim After an Arrest?

This requires particular caution. A judge may impose bond conditions restricting or prohibiting contact with the alleged victim, and a magistrate may issue an emergency protective order after certain family-violence arrests.

A person charged with family violence should understand the exact restrictions imposed in the case before communicating directly or indirectly with the alleged victim. Violating a protective order or bond condition can create additional criminal and bond consequences.

That said, in certain cases a criminal defense lawyer can file motions requesting the modification of bond conditions or elimination of a protective order, depending on the facts of the case, criminal history, and necessity for alteration of restrictions.

Even when no order prohibits communication, attempts to persuade a witness to change testimony, withdraw a complaint, or alter evidence can create serious additional problems. Legal counsel can help determine how necessary communication should be handled.

Can a Domestic Violence Case Be Dismissed Before Trial?

Yes. Domestic-violence cases can end at several different stages.

In a felony case, the State generally must obtain an indictment from a grand jury before proceeding with the prosecution in district court. Depending on the circumstances, a defense attorney may provide information or evidence to prosecutors before the grand-jury presentation and may sometimes submit a defense grand jury packet requesting that information be presented to the grand jurors.

In both misdemeanor and felony cases, defense attorneys may also identify evidentiary weaknesses, provide additional evidence, challenge the State’s legal theory, and negotiate with prosecutors for dismissal before trial.

When a satisfactory resolution cannot be reached, the accused maintains the right to require the State to prove the case to a jury beyond a reasonable doubt.

Our Experience Defending Domestic Violence Cases

Justin Dotzel and Luke Calhoun are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials. Both founding partners, during their time as prosecutors at the Collin County District Attorney’s Office, spent time assigned to the “Domestic Violence Unit” – a specialized division whose sole responsibility was the prosecution of these offenses.

As criminal defense lawyers, Dotzel Calhoun represents clients accused of misdemeanor and felony family-violence offenses in Collin County, Dallas County, and throughout North Texas.

Our attorneys understand domestic-violence cases from both sides of the courtroom. We evaluate not only the accusation itself, but also 911 calls, body-camera recordings, witness credibility, medical evidence, photographs, digital communications, self-defense issues, and the admissibility of evidence the State intends to use.

How Can a Domestic Violence Defense Attorney Help?

An experienced criminal defense attorney can investigate the allegations independently, preserve favorable evidence, obtain and review 911 calls and body-camera recordings, interview witnesses, examine medical and photographic evidence, evaluate self-defense, challenge inadmissible evidence, communicate with prosecutors before indictment, negotiate for dismissal or reduction when appropriate, and defend the accused before a jury when necessary.

Early representation can be particularly valuable because video may be overwritten, witnesses’ memories can fade, electronic messages can disappear, and important decisions may be made by police and prosecutors before formal charges are filed.

Contact Dotzel Calhoun

A domestic-violence accusation can threaten a person’s freedom, reputation, employment, family relationships, and future. The fact that an arrest has occurred does not determine how the case will ultimately be resolved.

Dotzel Calhoun represents people accused of Assault Family Violence, Felony Family Violence, Assault Family Violence Impeding Breath/Strangulation, Continuous Violence Against the Family, and related offenses in Collin County, Dallas County, Denton County, Tarrant County and throughout North Texas.

Contact Dotzel Calhoun at (972) 372-9383, or info@dotzelcalhoun.com for a confidential consultation and case evaluation.

Past results do not guarantee or predict a similar outcome in a future case. Every case depends on its own facts and circumstances.