Assault & Family Violence Lawyer in McKinney & Collin County

A domestic violence arrest often happens in the most chaotic moments of a person’s life. A heated argument. A misunderstanding. Sometimes a false accusation. In Texas, once police respond to a domestic disturbance call, someone often leaves in handcuffs, regardless of who is actually at fault. The mandatory arrest policies many departments follow, combined with the pressure police face when responding to family violence calls, mean that a single phone call can set off a legal process that threatens your freedom, your home, your children, and your future.

If you have been arrested for domestic violence, family violence, or assault in Texas, you need a criminal defense attorney who will investigate the facts, challenge the evidence, and fight for you, not pressure you into a plea so the case can close. Kent Starr has done this for 30 years.

What Texas Law Defines as Family Violence

Texas does not use the term “domestic violence” as a legal charge. The relevant charges are assault under Texas Penal Code §22.01, with a family violence finding attached, or the more serious charge of aggravated assault with a deadly weapon under §22.02. A “family violence” designation is added by the prosecutor when the alleged victim is a family member, household member, or romantic partner.

Under Texas Family Code §71.004, family violence includes any act by a member of a family or household intended to result in physical harm, bodily injury, or assault; a threat that reasonably places a member in fear of physical harm; and certain forms of emotional abuse when directed at a child. The definition is deliberately broad.

Class A Misdemeanor Assault (first family violence offense with bodily injury): Up to 1 year in county jail and a fine up to $4,000. This applies when the alleged victim sustains any bodily injury, which Texas courts have interpreted to include even minor pain, swelling, or redness.

Third-Degree Felony: A second or subsequent family violence conviction, or any assault causing bodily injury where a prior family violence conviction exists, is a third-degree felony (2 to 10 years, $10,000 fine). When two family-violence assaults fall within a single twelve-month period, the State can instead pursue one felony for continuous violence against the family, with no prior conviction required.

Assault by strangulation or impeding breath: Choking a family member, or otherwise impeding their normal breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose or mouth, raises an assault to a third-degree felony on a first offense (2 to 10 years in prison and a fine up to $10,000) under §22.01(b)(2)(B). With a qualifying prior family violence conviction, it can rise to a second-degree felony (2 to 20 years).

Aggravated assault with a deadly weapon involving family violence is a first-degree felony (5 to 99 years or life) if committed against a spouse, former spouse, dating partner, or family member.

A family violence conviction, even a misdemeanor, is also a permanent disqualifier from owning or possessing a firearm under federal law (the Lautenberg Amendment, 18 U.S.C. §922(g)(9)). For hunters, peace officers, military members, or anyone whose job or lifestyle involves firearms, this federal consequence can be more devastating than the sentence itself.

Emergency Protective Orders and Magistrate Orders

In Texas, a Magistrate’s Order for Emergency Protection (MOEP) is routinely issued in domestic violence cases, often the same night as the arrest, before you have even left the jail. This order can prohibit you from returning to your own home, from contacting your children, and from going within a certain distance of the alleged victim. Violating a protective order is a separate criminal offense, a Class A misdemeanor that can escalate to a felony with prior violations. A new charge for violating a protective order can stack on top of the original family-violence case.

An attorney can petition the court to modify or dissolve a protective order, particularly when the alleged victim has recanted, when the order is interfering with necessary communications about shared children, or when the order was based on exaggerated or false claims. Kent Starr handles protective order hearings and modifications regularly.

How a Family Violence Conviction Affects Child Custody

If you have children and a family violence allegation is pending, the civil and criminal cases will often run on parallel tracks. A conviction, or even a finding of family violence in a civil protective order hearing, can be used against you in a divorce or custody proceeding. Texas Family Code §153.004 creates a presumption against awarding primary custody to a parent found to have engaged in family violence. The criminal defense and the family law angles must be managed together, or each can undermine the other.

Defense Strategies for Domestic Violence Cases in Texas

Domestic violence charges are among the most contested in criminal defense, because the evidence is often limited to the accounts of two people who have a complicated history with each other, and because the stakes are so high for both sides.

False accusations. In the context of contentious divorces, custody disputes, and separations, false domestic violence allegations are more common than most people realize. An accusation can be used as a tactical weapon in family court, even when the underlying conduct never occurred or was wildly exaggerated. Kent investigates the relationship history, the timing of the allegation relative to any ongoing civil proceedings, and any evidence that the complainant had a motive to fabricate or embellish.

Self-defense. Texas law recognizes the right to defend yourself, your property, and others from unlawful force. If you were the one who was attacked first and only used force to protect yourself, self-defense is a complete defense to an assault charge. The evidence that matters: who initiated the confrontation, who had injuries, the relative size and strength of the parties, and any witnesses or surveillance footage.

Inconsistent statements. Police responding to a domestic disturbance often write reports within minutes of arrival, sometimes before anyone has calmed down or thought carefully about what happened. The complainant’s account given to police that night may not match what they say days or weeks later. These inconsistencies are powerful impeachment material that an experienced attorney will identify and use.

The victim wants to drop charges, now what? In Texas, a family violence case does not automatically get dismissed because the complainant decides not to cooperate. Prosecutors can, and often do, proceed without the alleged victim’s cooperation, using 911 recordings, officer testimony, and medical records. However, an uncooperative complainant significantly complicates the State’s case and can be a critical factor in a dismissal or acquittal. Kent communicates clearly about what the law allows and what realistic outcomes look like in different scenarios.

Kent Starr has practiced criminal defense in Collin County and across North Texas for 30 years. He has handled more than 15,000 cases across the full range of Texas criminal practice, including domestic violence and family assault matters. His studies at Magdalen College, Oxford and his LL.M. from the University of Denver, combined with clerkships on two Supreme Courts, give him the analytical depth to identify legal angles that often go unexamined.

Free initial consultation. Payment plans and credit cards accepted.

Courts & Counties We Serve for Domestic Violence Cases

Starr Law, P.C. represents clients facing domestic violence charges throughout the DFW Metroplex. Kent regularly appears in Collin County courts in McKinney and Plano, in Dallas County courts, in Tarrant County, and in courts throughout Denton, Rockwall, Kaufman, Ellis, Johnson, and Parker Counties. If you were arrested in Frisco, Allen, Garland, Richardson, Irving, or another North Texas city, Kent can appear in the court that hears your case.

Frequently Asked Questions About Domestic Violence in Texas

I was arrested but my partner doesn’t want to press charges. Will the case be dropped?

Not automatically. In Texas, it is the State, not the alleged victim, that decides whether to pursue charges. Prosecutors have discretion to proceed even without a cooperating complainant, using 911 recordings, photos of injuries, officer testimony, and other evidence. However, a recanting or uncooperative complainant can significantly affect the outcome. An experienced attorney can communicate with the prosecutor about the circumstances and advocate for dismissal when it is appropriate.

Can I get a domestic violence conviction expunged in Texas?

Generally, no. Family violence convictions in Texas are specifically excluded from expunction eligibility. They also carry lifetime federal firearm disabilities under the Lautenberg Amendment. This is one reason why fighting the charge, rather than accepting a plea, is often worth the effort and cost. Deferred adjudication may be available for some family violence cases, but it also carries limitations and does not guarantee a clean record.

Can I still see my children while the case is pending?

It depends on the terms of any protective order issued by the magistrate after your arrest. Many MOEPs prohibit contact with household members, which may include your children. A family law attorney can petition for modification of the order to allow supervised or structured contact with children. This should be addressed immediately, violating a protective order to see your children can result in new criminal charges and a worse outcome in the family court case.

My partner hit me, but I got arrested. How does that happen?

Dual arrests happen. In some cases, officers arrest whoever appears more aggressive or has caused more visible injury, regardless of who initiated the confrontation. If you acted in self-defense, that is a complete defense to the charge, but you need an attorney to develop and present that defense. Kent Starr investigates who actually initiated force, collects evidence of your injuries, and challenges the narrative that led to your arrest.

What is an affirmative finding of family violence?

When a court enters an affirmative finding of family violence in a criminal case, that finding becomes part of your permanent record and is available to civil courts in future divorce or custody proceedings. Even a plea to a lesser offense can carry this finding. Understanding what you are agreeing to, and what the long-term consequences are, is essential before accepting any plea deal in a domestic violence case.

How We Serve Collin County for Domestic Violence Cases

McKinney Domestic Violence Defense

Kent represents domestic violence clients from McKinney, and their county-level cases are heard in the Collin County courts in McKinney, the county seat.

Plano Domestic Violence Defense

Kent represents domestic violence clients from Plano; their county-level cases are heard in the Collin County courts in McKinney.

Frisco Domestic Violence Defense

Kent represents domestic violence clients from Frisco; their county-level cases are heard in the Collin County courts in McKinney, and cases arising in the Denton County portion of Frisco can be filed in Denton County.

Allen Domestic Violence Defense

Kent represents domestic violence clients from Allen, and their county-level cases are heard in the Collin County courts in McKinney.

Reach Out for a Free, Confidential Consultation

If you are facing domestic violence or family violence charges in McKinney, Plano, or anywhere in the DFW area, call (214) 982-1408 today. Kent Starr will speak with you directly. Free initial consultation. Payment plans and credit cards accepted. Se habla español. Nós falamos português.

Assault and family violence cases from every Collin County city file with the same District Attorney's office in McKinney. The firm's Collin County criminal defense hub walks through how county cases move from arrest to resolution.