San Antonio Domestic Violence Defense Attorney

Former Prosecutor with Over 20 Years of Criminal Trial Experience

An arrest for domestic violence sets a fast-moving process into motion. Within hours, you may be facing bond conditions, a protective order, and decisions about where you can live and who you can contact, all before you have had a real chance to tell your side of the story. What you do in the days right after an arrest can shape everything that follows.

Law Office of Derek W. Emmons, P.C. is led by Attorney Derek W. Emmons, a former Assistant District Attorney for Bexar County who now puts that same insight to work defending people accused of domestic violence. We offer free, confidential consultations and represent clients facing domestic assault and family violence allegations in San Antonio and throughout Texas.

Initial consultations are free and confidential. Call (210) 702-3054 or contact us online to talk through your situation today.

When you call Law Office of Derek W. Emmons, P.C., you work directly with Attorney Derek Emmons, not a rotating team of associates. After prosecuting cases for the Bexar County District Attorney’s Office, Attorney Emmons uses his knowledge of how local prosecutors build domestic violence cases to inform each client’s defense strategy.

• Licensed by the Supreme Court of Texas and the Western District of Texas Federal Court System
• More than 1,000 cases handled, including over 80 criminal cases taken to trial
• AVVO 10.0 rating for criminal defense
• Active member of the San Antonio Criminal Defense Lawyers Association and the Texas Criminal Defense Lawyers Association

What Happens When You Call (210) 702-3054

Consultations are free and confidential, and there is no obligation to hire us afterward. Before that first call, preserve any documents you have, such as release paperwork or protective-order terms, and avoid discussing the allegations through text, social media, or other recorded communications.

1. You’ll speak directly with our office about the arrest, the charges, and any bond or protective order conditions already in place.
2. We’ll walk you through what to expect and what decisions are coming up, including issues involving your bond conditions or any emergency protection order issued at the time of arrest.
3. If you decide to move forward, we begin reviewing the case and any deadlines tied to your bond or protective order.

How We Build Your Defense

Our process typically includes:

• Reviewing the arrest report and any recorded evidence. We go through the arrest report, the 911 call, and any body-camera or dash-camera footage line by line, looking for inconsistencies between what was reported and what the evidence actually shows.
• Interviewing witnesses early. Memories fade and stories can shift over time, so we work to reach witnesses while the details are still fresh and their accounts are most reliable.
• Examining the legality of the arrest. Officers are required to have a valid basis for an arrest. When that basis is missing or built on faulty information, it may support a challenge to the arrest or resulting evidence.
• Challenging improperly obtained evidence. A statement, search, or piece of evidence gathered without proper procedure may be subject to a motion to suppress.
• Negotiating directly with Bexar County prosecutors. When the facts support it, we raise evidentiary and legal issues directly with the prosecutor rather than waiting until the eve of trial.
• Addressing unreasonable protective order terms. If a protective order is limiting your ability to see your children, return home, or keep your job, we can request judicial review of conditions that go further than necessary.
• Preparing for trial from day one. We build your case as though it’s headed to trial from the very first meeting to help avoid last-minute preparation if a plea offer doesn’t serve your interests.

What to Do in the First 24 Hours After an Arrest

Keep these steps in mind:

1. Follow every bond condition exactly as written, including no-contact orders and any restrictions on returning to a shared residence.
2. Avoid discussing the arrest, the allegations, or the other person involved on social media, by text, or by phone. These communications may later be collected as evidence.
3. Don’t contact the alleged victim directly, even if you believe the two of you can work things out. Violating a protective order can lead to additional charges.
4. Write down what happened while the details are fresh, including the names of any witnesses.
5. Call Attorney Derek Emmons before your first court date, not after.

For guidance before you act, call (210) 702-3054 and we can walk through what happens next.

The Potential Consequences of a Domestic Violence Charge in Texas

Many Texas domestic violence cases involving bodily injury are charged as Class A misdemeanors at the outset, but the consequences can reach far beyond the courtroom. A conviction can follow you into background checks for jobs, housing applications, and professional licensing for years. If the case involves an allegation of choking or strangulation allegation, a deadly weapon, serious bodily injury, or a prior qualifying family-violence conviction, it may be filed or enhanced as a felony, depending on the statutory facts and current law.

A first-offense Class A misdemeanor family-violence assault conviction in Texas can include:

• Up to one year in jail
• A fine of up to $4,000
• Probation lasting months or years
• Court-ordered counseling or a battering intervention or prevention program
• A protective order limiting where you can go and who you can contact
• Restrictions on owning or possessing firearms under applicable state and federal law

A family-violence assault can be prosecuted as a third-degree felony when the allegation involves impeding the normal breathing or blood circulation of another person by applying pressure to the throat or neck or blocking the person’s nose or mouth. A third-degree felony carries two to ten years in prison and a fine of up to $10,000. Charges may also be enhanced based on a prior qualifying family-violence conviction or elevated if the allegations involve a deadly weapon or serious bodily injury. Texas law also recognizes continuous violence against the family as a separate offense, which carries its own felony exposure.

A family-violence conviction or an affirmative family-violence finding by the court can affect your record’s visibility on background checks well after the case closes. Eligibility for nondisclosure depends on the disposition and current law, and a family-violence finding can limit available record-sealing relief. The potential effects on employment, housing, and professional licensing make record consequences an important part of early defense planning.

How a Protective Order Can Affect Your Daily Life

An emergency protection order can take effect within hours of an arrest, often before you or your attorney have had a chance to respond. Under Bexar County’s process, a temporary ex parte protective order can be issued immediately, with a hearing scheduled within 20 days. Its terms can reach far beyond contact with the other person involved.

Depending on the order, it may affect:

• Where you can live, including whether you can return to a shared home
• How you see or communicate with your children, including visitation, exchanges, or pickup arrangements
• Whether you can own or possess a firearm, even if your job requires one
• Who you can contact, including mutual friends, relatives, or other people named in the order
• Where you can go, especially if the order includes the other person’s home, workplace, school, or other locations

Under the Texas Code of Criminal Procedure, a magistrate is required to issue an emergency protection order when a family-violence arrest involves serious bodily injury to the victim or the use or exhibition of a deadly weapon. A violation can lead to a new charge separate from the original domestic violence case. If a protective order has already been issued, we can review the terms with you and, when appropriate, ask the judge to modify conditions that go further than necessary.