An Assault Family Violence case can begin with a 911 call, an argument at home, an allegation made during a breakup, an injury noticed by police, or two people giving completely different accounts of what happened.
By the time the accused realizes how serious the situation has become, an arrest may already have occurred and a criminal case may already be underway.
The words "family violence" can also make the case more complicated than an ordinary assault charge.
At Taylor Defense Firm, we do not begin with the assumption that an arrest proves an assault occurred. We examine what the State must prove, the relationship between the people involved, the alleged injury, the original statements, physical evidence, photographs, 911 recordings, body-camera footage, witness accounts, and what happened before and after police arrived.
What Does "Assault Family Violence" Mean?
In a typical bodily-injury assault prosecution, the State may allege that a person intentionally, knowingly, or recklessly caused bodily injury to another person.
When the alleged victim has a relationship to the accused that falls within Texas family-violence law, the case may also carry a family-violence designation or finding.
The precise relationship matters.
Depending upon the circumstances, Texas family-violence law can involve relationships such as family members, household members, and certain dating relationships.
That means the case should be analyzed as more than simply:
"Did somebody get hurt?"
We also determine:
Who is the alleged victim, what is the legal relationship between the parties, and what consequences can flow from that classification?
"Bodily Injury" Does Not Require a Broken Bone
Clients sometimes assume an assault charge requires a significant physical injury.
That is not necessarily true.
Texas law uses a broad concept of bodily injury. Depending upon the facts, allegations involving physical pain, illness, or impairment may become sufficient for the State to pursue an assault charge even when there is no broken bone, hospitalization, or dramatic visible injury.
This makes the evidence particularly important.
We may examine:
- photographs;
- medical records;
- EMS records;
- body-camera footage;
- descriptions of pain;
- witness observations;
- statements made immediately after the event; and
- later descriptions of the alleged injury.
The absence of a dramatic injury does not automatically defeat the charge. At the same time, the State still bears the burden of proving the elements of the offense beyond a reasonable doubt.
What Did the Alleged Victim Say First?
Family-violence investigations frequently involve several versions of an event.
The alleged victim may speak with:
- a 911 operator;
- responding officers;
- EMS personnel;
- family members;
- friends;
- medical personnel;
- investigators;
- prosecutors; and
- defense investigators.
Those accounts may remain consistent.
Or they may change.
At Taylor Defense Firm, we compare the accounts rather than relying exclusively upon the version summarized in the police report.
Important differences may concern:
- Who started the physical confrontation?
- Where did each person stand?
- Who touched whom first?
- Was someone trying to leave?
- Was someone blocking a doorway?
- Was there pushing, hitting, grabbing, scratching, biting, or another alleged act?
- What injury was originally reported?
- Did the description change later?
The sequence can matter enormously.
The 911 Call Can Be Important Evidence
A 911 recording may capture the event much closer in time than a later written statement.
Depending upon the case, it may reveal:
- who called;
- what the caller reported;
- background voices;
- emotional condition;
- statements by other people;
- whether the confrontation was still occurring;
- descriptions of injuries;
- statements about weapons;
- inconsistencies with later accounts; and
- information transmitted to responding officers.
The recording should be considered in context. Emotion alone does not establish that every factual assertion is accurate, just as a calm voice does not establish that nothing happened.
What matters is what the recording actually contains and how it fits with the remaining evidence.
Body-Camera Video May Show a Different Picture
Police body-camera footage can become some of the most important evidence in a family-violence prosecution.
It may show:
- the condition of the scene;
- the appearance of the parties;
- visible injuries or absence of visible injuries;
- damaged property;
- intoxication;
- emotional condition;
- spontaneous statements;
- conversations among witnesses;
- officers discussing what they believe happened;
- inconsistencies between witnesses; and
- statements that never appear in the written report.
A report is an officer's summary of the investigation.
The video may allow us to examine the investigation itself.
Photographs Need Context
Photographs of an alleged injury can be persuasive evidence, but they still require interpretation.
We may ask:
- When was the photograph taken?
- Who took it?
- What body part does it show?
- Was the injury visible on body camera earlier?
- Were additional photographs taken later?
- Does the photograph establish how the injury occurred?
- Could the injury be consistent with more than one account of the confrontation?
A photograph may establish that an injury existed without necessarily answering who caused it, how it occurred, or whether the accused acted unlawfully.
Self-Defense Can Change the Entire Case
Family-violence allegations do not eliminate the law of self-defense.
Two people may both have physical injuries. One person may have initiated the confrontation. Someone may have been attempting to protect himself or herself from force.
The sequence matters.
We examine:
- Who initiated the physical encounter?
- What force was threatened or used?
- What did the accused reasonably perceive?
- What force did the accused use in response?
- When did the physical confrontation stop?
- What evidence corroborates or contradicts each person's account?
Self-defense is highly dependent upon the facts and applicable law. It should not be assumed merely because both people participated in an argument, but it should not be ignored merely because police arrested one of them.
Police Often Have to Make a Decision Quickly
Responding officers may arrive after the physical confrontation has ended.
They did not necessarily see what happened.
Instead, they may encounter:
- two conflicting stories;
- visible injuries;
- emotional people;
- children or other witnesses;
- damaged property;
- alcohol or drug use;
- incomplete information; and
- pressure to determine what occurred.
Officers may make an arrest based upon the information available to them at the scene.
But an arrest is not a conviction.
The defense has the opportunity to examine evidence that may not have been available—or fully investigated—during those first minutes.
What If the Alleged Victim Does Not Want to Prosecute?
One of the most common questions in a family-violence case is:
"Can the alleged victim just drop the charges?"
Generally, the criminal prosecution belongs to the State rather than the complaining witness.
An alleged victim may tell prosecutors that he or she does not want the case pursued, but that does not necessarily require the State to dismiss it.
Prosecutors may evaluate other available evidence, including:
- 911 recordings;
- body-camera footage;
- photographs;
- medical evidence;
- witness statements;
- recorded statements; and
- other evidence.
A complainant's later position can be important, but it does not automatically control the prosecution.
A Changed Story Does Not Automatically Decide the Case Either
Sometimes an alleged victim later says the original accusation was wrong, exaggerated, incomplete, or untrue.
Other times the prosecution believes a later recantation is unreliable.
We do not assume either version is true merely because it came first or came later.
Instead, we compare:
original statement → objective evidence → subsequent statements → motive or circumstances surrounding any change → other corroborating or contradictory evidence.
The jury may ultimately be asked to decide which account, if any, it believes.
The Family-Violence Finding Can Matter Beyond the Immediate Punishment
The consequences of a family-violence case may extend beyond the sentence imposed in the immediate prosecution.
Depending upon the disposition and applicable law, family-violence findings or convictions can affect future criminal cases and other legal rights or restrictions.
That is one reason the exact disposition matters.
A plea should not be evaluated solely by asking:
"How much jail time am I getting today?"
The longer-term consequences should also be identified before an important decision is made.
Firearm Consequences Can Be Significant
Family-violence cases can create serious firearm issues under state and federal law depending upon the charge, relationship, protective orders, disposition, and other circumstances.
These consequences can be particularly important for:
- military personnel;
- law-enforcement officers;
- security professionals;
- hunters;
- firearm owners; and
- anyone whose employment requires lawful firearm possession.
The precise consequence should be determined from the actual charge and disposition rather than assumed from the phrase "family violence."
Bond Conditions and Protective Orders Can Affect Daily Life Immediately
Long before a case reaches trial, a person accused of family violence may face restrictions affecting:
- contact with the alleged victim;
- residence;
- children;
- firearms;
- travel;
- alcohol;
- locations the accused may enter; and
- other conduct.
A protective order and criminal bond conditions are not necessarily the same thing.
The actual orders should be read carefully.
Violating a court order or bond condition can create additional legal problems even while the original accusation remains unresolved.
Build the Case From the Event Outward
At Taylor Defense Firm, we may reconstruct a family-violence case as a sequence:
events before the confrontation → alleged physical encounter → 911 call → initial statements → police arrival → body-camera recordings → photographs → arrest decision → medical evidence → later statements → additional investigation → prosecution.
We then examine:
- What does the State claim happened?
- What does the accused say happened?
- Who initiated the physical encounter?
- What injuries actually existed?
- What caused them?
- What did each witness say closest in time to the event?
- What changed later?
- What does the video show?
- Is there evidence of self-defense?
- And what evidence exists independently of the accusation itself?
Assault Family Violence cases can carry consequences that extend well beyond the immediate criminal charge. They deserve a careful examination of both the law and the evidence.
An accusation tells us what someone says happened. The defense investigation asks what the evidence can actually prove.