If you or someone close to you has been accused of domestic violence in Texas, it’s natural to feel concerned and uncertain—especially with recent changes to state laws. Texas continues to revise its statutes related to family violence, affecting everything from definitions and penalties to your rights during the legal process. Staying informed about these changes is essential if you want to protect yourself and make informed decisions. Let’s walk through what’s changed, why it matters, and how you can respond if you’re facing accusations of domestic violence in Texas.
What Are the Latest Changes to Texas Domestic Violence Laws?
Recent Texas domestic violence law changes have expanded legal definitions & tightened enforcement statewide. The updated statutes broaden the definition of “family violence” to include a wider range of relationships—such as former partners, dating couples, & members of shared households—making more individuals subject to prosecution under these laws. For example, SB 48, effective in 2023, increased penalties for assaults involving strangulation or suffocation and now treats many of these cases as felonies rather than misdemeanors. These modifications are in direct response to advocacy groups calling for stronger protections and harsher penalties for repeat and aggravated offenses.
Another significant change is the greater discretion allowed for prosecutors to elevate charges to felonies for those with prior arrests or convictions, even when previous charges were resolved as misdemeanors. With these updates, law enforcement has less latitude to “separate parties” during a domestic incident. Officers are now required to arrest when probable cause is found, increasing the number of immediate arrests and subsequent prosecutions for alleged family violence offenses in Texas counties such as Bexar, Travis, & others.
Additionally, the legislative session introduced clearer timelines for prosecution, procedural updates for how evidence can be introduced, & more stringent requirements for initiating protective orders. These changes affect every stage of a domestic violence case, from the moment of arrest through to court proceedings & post-conviction relief options. The evolving legal landscape in Texas means it’s more critical than ever to understand precisely how these new statutes could impact your defense strategy and future opportunities.
How Have Felony & Misdemeanor Domestic Violence Charges Changed?
Texas domestic violence law now draws sharper distinctions between felony and misdemeanor charges, making it essential to understand which category you could face. Felony charges typically involve aggravating factors such as prior offenses, the use of weapons, allegations of strangulation, or violations of an active protective order. The expanded scope of these statutes significantly increases the risk of a felony charge even for first-time incidents if certain behaviors or circumstances are alleged—such as evidence of choking or repeated threats.
Misdemeanor domestic violence still applies to acts such as bodily injury or credible threats against family or household members. However, the changes allow prosecutors to “upgrade” cases if they discover evidence of repeat or aggravated conduct, even with no prior felony convictions. This means individuals arrested in the wake of strained domestic disputes may unexpectedly find themselves defending against a felony rather than a misdemeanor, with much higher stakes in terms of penalties and long-term consequences.
The implications are substantial. Felony domestic violence convictions can result in significant prison time, steep fines, & loss of civil rights such as voting or firearm ownership. Meanwhile, misdemeanors, though serious, may still allow for community supervision or mandated participation in intervention or counseling programs. Understanding which charge applies—and how prosecutors might escalate a case—empowers you to respond with the right defense from the start.
Can New Domestic Violence Law Changes Affect Pending or Past Cases?
Many Texans wonder if the latest changes to family violence statutes can reach back and influence current or past cases. The answer depends on the language of each legislative change. Some new rules, such as those broadening the admissibility of “bad acts” or enhancing penalties for certain repeat offenders, can apply retroactively to pending cases, especially if your trial or sentencing occurs after the effective date of the law. This can impact individuals with open cases in cities throughout Texas, including San Antonio, by exposing them to enhanced penalties even if the conduct occurred prior to the recent update.
When it comes to expungement, post-conviction reviews, or petitions for non-disclosure, further recent statutory changes may actually create new opportunities. Some legislative reforms have improved pathways for accessing diversion programs or post-plea interventions for low-level offenses, which may help certain individuals clear their record or reduce public access to information about a resolved case. Still, the majority of changes impacting penalties or classifications tend to apply going forward, not reaching back to convictions that are fully final and closed.
Because every legal scenario is unique, consulting with a qualified attorney about the specifics of your pending or resolved case remains crucial. At Law Office of Derek W. Emmons, P.C., we analyze each case individually, considering both statute language and relevant case law to identify possible impacts—and to advocate for your best interests no matter when your charges originated.
What New Rights & Protections Exist for the Accused?
While recent Texas domestic violence law updates have expanded prosecution tools, they have also introduced new rights and procedural protections for the accused. For example, individuals facing criminal charges must now be informed of their right to counsel much earlier in the process, with police departments required to clarify these rights at the time of arrest. This increases the accused’s chances of protecting themselves against self-incrimination during initial interviews or interrogations, a vital consideration given the expanded range of evidence prosecutors may use.
Another important legislative change mandates that those accused of family violence receive written information about their rights before any significant proceedings. Courts must provide the opportunity for a prompt hearing before imposing long-term or permanent protective orders. These safeguards encourage more balanced initial proceedings, ensuring that temporary no-contact orders are reviewed by a judge soon after they are issued.
Additionally, defendants benefit from improved access to discovery under the latest Texas rules. The prosecution is now obligated to provide additional evidence—such as body camera footage, police call logs, or witness statements—earlier in the process. This enables a more proactive & diligent defense, allowing your legal team to address inconsistencies or challenge allegations well before trial. At Law Office of Derek W. Emmons, P.C., we emphasize using these expanded protections from day one, putting our clients in the best possible position for fair treatment throughout every phase of their case.
How Do Changes Affect Protective Orders & No-Contact Orders?
The Texas Legislature’s recent updates to protective and no-contact orders have widespread consequences for those accused of domestic violence. Courts can now issue protective orders more broadly, including in dating violence situations, roommate conflicts, & against household members with whom there may be no familial relationship. Expanded criteria mean you may face restrictions even if you’re only temporarily living with an accuser or have dated intermittently in the past, making it critical to understand your risk profile if allegations arise.
The courts have also been given greater discretion regarding the terms and duration of such orders. New conditions may restrict contact not only with the accuser but also with children, mutual workplaces, and even certain online or electronic platforms. Violations—even unintentional or minor—can result in automatic felony charges, reflecting the seriousness with which Texas now views these orders.
If you’re served with a protective order, acting fast is essential. The law now provides clear rights for those accused to contest these orders at a hearing before they become permanent. At Law Office of Derek W. Emmons, P.C., we review every condition, advise on legal conduct, & develop strategies to seek amendment or dissolution where the facts of the case support it. Navigating protective orders requires close attention to detail and confident communication with courts—a process that often makes a decisive difference in the outcome of your case.
How Has the Role of Alleged Victims Changed in Prosecutions?
Recent updates to domestic violence laws in Texas have altered the influence alleged victims hold in criminal prosecutions. Prosecutors now have broader authority to proceed with charges, even when the alleged victim does not want to participate or withdraws their initial statement. Key changes include expanded admissibility of video evidence, prior police statements, voicemail recordings, & written affidavits even if the accuser does not testify in court.
Additionally, the legislature has increased penalties for making knowingly false accusations. While this is aimed at deterring wrongful allegations, it also places the accused in a landscape where charges can proceed based on very limited or contested evidence. In practice, this makes the defense’s role more challenging—but also more critical—in evaluating every piece of available evidence & aggressively contesting accounts that cannot be corroborated.
Our team at Law Office of Derek W. Emmons, P.C. is committed to challenging the inappropriate use of hearsay evidence, scrutinizing every document, and vigorously defending each client against charges pushed forward without legitimate substantiation. The stakes have grown, and the path to fair outcomes now relies more heavily on determined legal advocacy & careful analysis of the prosecution’s actual evidence.
Have Sentencing Guidelines & Penalties Changed for Domestic Violence?
Sentencing in Texas domestic violence cases has become noticeably stricter. The most recent legislative session increased mandatory minimum sentences for certain offenses, particularly those involving aggravating circumstances such as the use of weapons, strangulation, violence in front of children, or violations of protective orders. Now, even some repeat misdemeanors can be charged as felonies, resulting in much lengthier prison terms & larger fines.
In addition to harsher incarceration penalties, courts now make participation in intervention and counseling programs a standard requirement, even for first-time misdemeanor offenders. Judges are instructed to consider broader ranges of restitution—including mandatory financial support or counseling for the alleged victim—when determining sentences. This can greatly increase the economic consequences of a conviction alongside traditional penalties such as jail or probation.
The changes also mean fewer cases are eligible for deferred adjudication or pretrial diversion, narrowing the options for alternative dispositions. At Law Office of Derek W. Emmons, P.C., we walk our clients through all potential penalties and sentencing exposures, ensuring they understand what’s at stake and how best to fight for a more favorable resolution.
How Do New Domestic Violence Laws Impact Firearm Rights in Texas?
Individuals facing domestic violence accusations in Texas now face stricter firearm restrictions than ever before. Under both federal and updated state law, anyone subject to a protective or no-contact order, or even certain temporary family violence findings, may be prohibited from possessing, purchasing, or carrying a gun during the case—even if the case has yet to result in a conviction. Local agencies now work closely with federal databases to ensure enforcement, and attempting to buy a gun while under restriction can result in an automatic felony charge.
These expanded restrictions affect not just convicted offenders but also those merely accused—sometimes before any hearing has taken place. Firearm surrender may be court-ordered within days of issuance of a temporary order. For clients who rely on firearms for their work, such as law enforcement or security professionals, this development can immediately impact both livelihood and daily safety considerations.
If you find yourself under investigation or subject to a new protective order, consulting with a legal team familiar with Texas’s current regulations is essential. At Law Office of Derek W. Emmons, P.C., we promptly advise clients on compliance, pursue potential modification or restoration of rights where possible, and ensure all legal options are explored to prevent inadvertent legal violations with serious long-term consequences.
What Should You Do Immediately If Accused of Domestic Violence Under New Laws?
Navigating a domestic violence accusation requires immediate, informed action, especially in light of Texas’s recent legal changes. First, remember your right to remain silent. Do not answer police questions or provide statements about the incident until you have met with an attorney. Early statements can be used against you, particularly in a system that now requires less evidence to proceed toward prosecution than before.
Next, compliance with any protective or no-contact orders is non-negotiable. Do not contact the alleged victim directly or through intermediaries, and do not attempt to explain yourself, even if you believe it could help. Violence, threats, or even seemingly innocent communication can result in a violation of new protective order requirements, making the situation far worse. Addressing these orders correctly the first time is vital to preserving your options later.
Your first steps should include:
- Requesting counsel at the earliest opportunity, ideally when first questioned by law enforcement.
- Providing your attorney with any documents related to your case, including paperwork about the incident, notices of protective orders, or prior communications.
- Following the legal guidance given for your specific situation—each county may have slightly different emergency procedures and timelines.
Can You Get Domestic Violence Charges Dismissed or Expunged After Law Changes?
The increased scrutiny of Texas domestic violence offenses means dismissals and expungements are more challenging, though not impossible. Dismissals hinge on the sufficiency, credibility, and admissibility of the evidence prosecutors have. The legislature’s increased focus on evidence collection and broader admissibility rules for past alleged “bad acts” can make securing a dismissal complex, particularly without proactive defense work during the earliest stages of the case.
Expungement eligibility remains limited. In most cases, a conviction precludes a full expungement, but deferrals and pretrial intervention can sometimes allow for petitions for nondisclosure—a process that restricts public access rather than erasing a record entirely. Navigating the requirements is complex, with different standards for misdemeanors, felonies, first-time offenders, and those who have successfully completed counseling or diversion programs. Filing windows and procedures can also differ based on your county of arrest and the circumstances surrounding your case.
Our team at Law Office of Derek W. Emmons, P.C. reviews all possible pathways for relief, moving swiftly to file for dismissal, reduction, or nondisclosure when the law and facts support such action. Staying ahead of deadlines, maintaining thorough documentation, and working with knowledgeable counsel increases the odds of achieving the best possible post-case outcome in this challenging environment.
Where Can You Find Defense for New Texas Domestic Violence Law Changes?
If you are facing domestic violence allegations in Texas, recent legal changes make securing skilled, up-to-date representation more important than ever. Not all law firms approach these cases the same way. Look for a legal team that commits to:
- Personal attention to your situation, with open and ongoing communication at every case milestone.
- In-depth knowledge of recent statute changes & hands-on experience in local Texas courts.
- Tailored strategies that consider every facet of your unique case, never treating you as just a file number.