What Happens After You're Accused of Domestic Violence in a Family Dispute?
Dec. 1, 2025
Domestic violence—also referred to as “family violence”—includes any act intended to cause physical harm, bodily injury, assault, or a threat that reasonably places a family or household member in fear of harm.
What many people don’t realize is that under Texas family law, domestic violence doesn’t only apply to spouses. It can also involve former partners, co-parents, children, relatives, or anyone living in the same household.
The Texas Family Code defines domestic violence broadly to cover situations that range from physical altercations to verbal threats. Domestic violence cases fall under both criminal and family law in Texas, which means that an accusation can impact not only your freedom but also your relationships, custody rights, and reputation. Understanding what happens after an accusation is the first step toward protecting yourself and your future.
The Law Office of Aaron Fonseca has seen firsthand how accusations of domestic violence can completely alter the course of a person’s life. When these allegations arise within a family dispute, the legal and emotional consequences can be overwhelming. Located in McAllen, Texas, The Law Office of Aaron Fonseca also serves clients in Edinburg, Mission, and the Rio Grande Valley. Reach out today for experienced legal support.
Immediate Legal Consequences
When police respond to a domestic dispute, they often arrest if there is probable cause to believe violence occurred. Even if the alleged victim doesn’t want to press charges, law enforcement officers have discretion to arrest based on evidence at the scene. Once an arrest happens, the accused person is booked into jail and must wait for a bond hearing.
At this point, criminal proceedings begin, but under family law, separate but related actions can also take place. The alleged victim may seek a protective order, which can immediately restrict the accused’s ability to return home, contact family members, or see their children. Many people are shocked to learn that even without a conviction, these orders can dramatically affect their family relationships.
How Family Law Intersects With Criminal Proceedings
In Texas, domestic violence allegations create two parallel legal tracks—criminal prosecution and family law proceedings. While the criminal case focuses on guilt or innocence, the family court considers how the allegations affect parenting, custody, and safety.
Even if criminal charges are dismissed, family law judges may still issue restraining or protective orders if they believe it’s in the best interests of the children or other household members. For example, in a divorce or custody dispute, one parent may allege domestic violence to influence decisions about conservatorship or visitation. Texas family law prioritizes child safety, so judges take these claims very seriously. If the court finds that family violence has occurred, it may limit or deny custody and impose supervised visitation.
The Legal Process After an Accusation
After an accusation of domestic violence, several steps typically follow. Understanding this process can help you prepare for what’s ahead:
Arrest and booking: Police arrest the accused and transport them to jail for booking.
Magistrate hearing: The judge sets bond conditions, which may include no-contact orders or restrictions on firearms.
Protective order hearing: The alleged victim can request a temporary or long-term protective order under Texas family law.
Criminal case proceedings: Prosecutors decide whether to file charges based on the evidence.
Family court involvement: If there’s an ongoing divorce or custody case, the allegations will influence court orders and decisions.
Trial or plea negotiations: The accused can challenge the charges or seek alternative resolutions.
Each of these stages carries serious consequences. For instance, violating a protective order, even unintentionally, can lead to additional criminal charges and adverse outcomes in family law cases.
Protective Orders and Their Consequences
A protective order is one of the most immediate effects of a domestic violence accusation. Under Texas family law, there are different types of protective orders, including temporary ex parte orders and final protective orders that can last up to two years.
These orders can prevent you from contacting your spouse or children, entering your home, or possessing firearms. They can also impact custody arrangements. Judges in family law cases must consider whether family violence occurred when determining what is in the best interest of a child. Even without a criminal conviction, a protective order can weigh heavily against you in custody disputes.
It’s also important to know that violating a protective order—intentionally or not—can lead to arrest, fines, or even jail time. Therefore, compliance is crucial while pursuing your defense.
The Impact on Custody and Parental Rights
Under Texas family law, accusations of domestic violence can directly affect a parent’s custody rights. The court’s primary concern in any custody case is the safety and well-being of the child.
If a judge believes that family violence occurred, it can result in supervised visitation, loss of joint conservatorship, or even temporary loss of access to the child. Even when accusations are exaggerated or false, they must be addressed carefully. The court may order counseling, anger management programs, or parenting classes as conditions for future visitation or shared custody.
Texas family law allows judges broad discretion in crafting custody orders when family violence allegations are involved, and these decisions can have lasting effects.
Defending Against False or Exaggerated Allegations
Unfortunately, not all domestic violence accusations are truthful. In contentious divorces or custody battles, one party may use false claims as leverage. Texas family law courts take these matters seriously, and judges are skilled at evaluating evidence and testimony.
If you’re falsely accused, your defense begins with gathering evidence—text messages, emails, witness statements, or police reports—that contradict the allegations. Under family law, credibility plays a critical role. Demonstrating that the accusation was motivated by anger, jealousy, or custody disputes can influence both the criminal and family court outcomes.
The Law Office of Aaron Fonseca works closely with clients to uncover inconsistencies in accusations and highlight evidence that supports their credibility. Under Texas family law, false accusations can backfire, potentially resulting in sanctions or loss of custody for the accuser.
Long-Term Effects on Your Record and Reputation
Domestic violence accusations carry serious long-term consequences beyond immediate legal penalties. Even if charges are dropped, an arrest record or a protective order can affect employment, housing, and professional licensing.
From a family law standpoint, these records can continue to influence future court proceedings, including custody modifications or future family disputes. Clearing your name through expunction or non-disclosure (when possible) can help restore your reputation and stability.
Building a Strong Defense Strategy
When preparing a defense, an experienced family law attorney will focus on both the criminal and family law aspects of the case. A solid defense often includes gathering character references, demonstrating cooperation with law enforcement, and presenting evidence that challenges the alleged victim’s claims.
In addition, it may involve showing that injuries were accidental, that the event was mutual, or that the alleged victim’s account lacks credibility.
In family law matters, demonstrating commitment to counseling or treatment programs can also strengthen your position. The goal is to show the court that you’re taking responsible steps to resolve conflict and protect your family relationships.
The Emotional and Family Impact
Beyond the legal consequences, accusations of domestic violence deeply affect family dynamics. Children may feel caught between parents, and relationships can suffer lasting damage. Under Texas family law, the court strives to protect children’s emotional well-being, but the process can still create long-term tension.
For those falsely accused, rebuilding trust with loved ones can take time. While the legal system can address orders and custody arrangements, healing within the family often requires counseling, communication, and patience.
When Protective Orders End and Moving Forward
If a protective order is granted, it typically has a set duration. Once it expires, you can petition the court to modify or terminate it, depending on circumstances. Under Texas family law, you may also seek to have the record sealed or expunged if the case didn’t lead to a conviction.
Moving forward after such accusations involves both legal and personal recovery. It’s important to comply with all court orders, attend hearings, and document any progress in therapy, employment, or parenting. These actions can help rebuild your reputation and demonstrate stability in future family law proceedings.
Take Legal Action Today
Being accused of domestic violence in a family dispute can change everything—from your home life to your legal rights. Under Texas family law, these cases involve both criminal and civil consequences that must be handled with care and precision.
The professionals at The Law Office of Aaron Fonseca understand how devastating these situations can be. The firm’s goal is to protect your rights, present your case with integrity, and pursue fair outcomes that reflect the truth.
Whether facing protective orders, custody challenges, or criminal charges, understanding family law gives you the foundation to move forward with confidence and reclaim your future. The Law Office of Aaron Fonseca is proud to serve Edinburg, Texas, and the surrounding areas of McAllen, Mission, and the Rio Grande Valley. Call today.