San Antonio Domestic Violence Defense Attorney

Over 20+ Years of Experience, Free Initial Consultations

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. 

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

Work Directly with a Former Bexar County Prosecutor

When you call Law Office of Derek W. Emmons, P.C., you work directly with Attorney Derek Emmons, not a rotating team of associates. Attorney Emmons spent years prosecuting cases for the Bexar County District Attorney's Office before moving to defense work, and he uses that inside knowledge of how local prosecutors build domestic violence cases to shape a stronger defense for his clients.

• 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

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

Consultations are free and confidential, and there is no obligation to hire us afterward.

How Law Office of Derek W. Emmons, P.C. Builds Your Defense

Every domestic violence case is different, and the right defense depends on the specific allegations, evidence, and circumstances involved rather than a one-size-fits-all approach. 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 can open the door to challenging the evidence, or the case itself.
• Challenging improperly obtained evidence. Any statement, search, or piece of evidence gathered without following proper procedure can potentially be excluded from your case, which can change the direction of the prosecution's approach.
• Negotiating directly with Bexar County prosecutors. When the facts support it, we pursue reduced charges or dismissal through direct conversations with the prosecutor, rather than waiting until the eve of trial to raise concerns.
• 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 that a judge review and modify conditions that go further than necessary.
• Preparing for trial from day one. We build your case as though it is headed to trial from the very first meeting, so you are never left scrambling if a plea offer does not serve your interests.

What to Do in the First 24 Hours After an Arrest

The choices you make immediately after a domestic violence arrest can protect your defense or work against it. 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. Prosecutors in Bexar County regularly use these communications as evidence.
3. Do not 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 a domestic violence attorney before your first court date, not after.

When the first 24 hours feel uncertain, the safest next step is to get legal 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 choking or strangulation, a deadly weapon, serious bodily injury, or a prior qualifying family-violence conviction, the charge may be filed or enhanced as a felony with substantially higher stakes.

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 

When choking or strangulation is part of the allegation, Texas treats it as an aggravating factor. A family-violence assault can be prosecuted as a third-degree felony when the allegation involves impeding the normal breathing or blood circulation of the 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. A case may also be enhanced based on a prior qualifying family-violence conviction or charged more seriously if the allegations involve a deadly weapon or serious bodily injury.

A domestic violence conviction typically is not eligible for nondisclosure the way many other Class A and B misdemeanors are. If the offense involved family violence, or the court makes an affirmative family-violence finding, the record may stay visible on background checks for employment, housing, and licensing well after the case closes. These are the outcomes we work to avoid on your behalf, whether through negotiation, a motion challenging the evidence, or trial.

How a Protective Order Can Affect Your Daily Life

A protective order can take effect within hours of an arrest, often before you or your attorney have had a chance to respond. 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 

Violating any part of a protective order, even by accident, 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.

If you or someone you love has been arrested for domestic violence in Bexar County, call (210) 702-3054 or message us online for a free, confidential initial consultation.