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Family violence charges are severe. The consequences can be long-term. If you are charged with a misdemeanor or felony family violence case, you must get the best legal counsel you can afford to fight and try to win your case.  In a perfect world, the truth would always come out. But in the legal system, what matters is what can be proven—and when it comes to family violence charges, the odds are stacked against the accused. Law enforcement often acts first and asks questions later; sometimes, law enforcement never asks the right questions. Sometimes, they never even bother to try to talk to the accused to get their side of the story before filing charges.

Maybe the accusation is exaggerated. Perhaps it is a complete lie.  However, once charges are filed, prosecutors will not easily drop the charges.  Many years ago, the prosecutor would dismiss when the accuser changed their mind and decided they did not want to pursue the charges. That is no longer the case. Prosecutors think that spouses who wish to to drop cases have been coerced into wanting to drop the case or don’t know what is best for them. Either way, if an accuser wants to drop the case, the prosecutors will not simply drop the case. The prosecution takes the position that the case belongs to the State and will prosecute it even if the accuser no longer wants them to do so. You need a defense strategy that forces the truth into the spotlight before it’s too late.

Criminal Defense lawyer Robert J. Fickman has successfully defended many people charged with family violence.  He knows how to fight back against false claims, weak evidence, and aggressive prosecutors. Call Robert Fickman Houston, TX criminal defense attorney now to discuss your case.

Understanding Family Violence Charges in Texas

In Texas, family violence—also called domestic violence—includes any act of physical harm, threats, or intimidation against a family or household member. This could mean a spouse, current or ex-boyfriend, current or ex-girlfriend, ex-partner, child, parent, or even a roommate. Depending on the circumstances, charges can range from Class A misdemeanor assault to felony domestic violence, with penalties that include jail or prison time.

Common Defenses to Family Violence Allegations

False Allegations

A former partner may make claims of abuse to sway a divorce or child custody case in their favor. A heated argument can lead to an exaggerated police report. Even third parties, like neighbors or family members, can misinterpret a situation and call the police.

Lack of Evidence

The prosecution has the burden of proving the charges beyond a reasonable doubt. If they can’t do that, the case should not hold up in court. Many family violence cases lack solid evidence—no medical reports, no injuries, no independent witnesses. In some situations, the only “evidence” is a statement from the alleged victim. If the prosecution can’t meet its burden, the case may be dismissed. In many cases, the actual accused is actually the victim of the accuser. There are a number of ways to prove who the abuser is. Talking to witnesses who are familiar with the couple is always a good place to start.

Violation of Constitutional Rights

If your rights were violated during the investigation or arrest, it could be grounds for getting the charges dropped. Some common legal issues that may arise include:

• Unlawful searches – If the police searched your home or property without a warrant or probable cause, any evidence they found may be inadmissible.
• Improper arrest – If law enforcement arrested you without sufficient evidence, the case against you may be weak.
• Failure to read Miranda rights – If you were not informed of your right to remain silent and request a defense lawyer, any statements you made might not be used in court.

Defend Your Rights with a Houston, TX Criminal Attorney

The legal system isn’t fair to the accused. Family violence cases are often rushed, evidence is often thin, and once the charges are filed, prosecutors don’t just let them go—even if the alleged victim changes their story. You’re left fighting for your freedom while the system tries to bury you.

Robert Fickman doesn’t let that happen. He knows how Texas courts work, and more importantly, he knows how to win. He’ll dig into the evidence, challenge weak claims, and fight for the best possible outcome—whether that means getting charges dropped or reduced or beating them in court.

A conviction can follow you for life. Don’t let that happen. The sooner you call, the better your chances of getting ahead of the charges. Contact an experienced Houston, TX criminal defense lawyer at Robert J. Fickman Criminal Defense (713) 655-7400 or message online today.