Falsely Accused of Domestic Violence: What to Do?

When you're falsely accused of domestic violence, everything can spiral fast. You may be arrested, restricted from seeing your children, or even forced out of your own home — all before you've had a chance to tell your side. The emotional toll is real, the legal consequences are serious, and the social stigma can follow you long after the case is over.

But what can you do when you’re wrongfully accused? Let’s break down what these accusations mean legally, how the legal process works, and how to protect yourself from the long-term damage of a false domestic violence allegation.

What “Family Violence” Means Under Texas Law

On TV and the news, they call it “domestic violence”. But you’ve been charged with “Assault — Family Violence” and you might be wondering why the words “domestic violence” aren’t anywhere on your paperwork. That’s because in Texas, the legal term for domestic violence is “Family Violence”, and it’s tied to the relationship between the people involved, not just the physical act itself.

Under Texas law (Texas Penal Code § 22.01(b‑2)), you can be charged with Assault — Family Violence if the incident involves:

• A spouse or former spouse
• Someone you live with or used to live with
• A person you’ve dated or had a romantic relationship with
• A co-parent
• Certain family members

This is broader than most people think. You could end up with a family violence allegation for something like shoving your ex during an argument or even getting into a fight with a roommate. Who qualifies as a “family member” or “household member” is defined by Texas Family Code § 71.003.

The penalties are severe. Even a misdemeanor assault with a “family violence” designation on it can permanently affect your rights, including your ability to own a firearm, increase future charges, and more.

Recent updates to Texas law in 2025 have only added new layers of complexity to these cases. As of 2025, Texas law has expanded police and court powers during family violence calls, including mandatory victim protection measures and stricter bond conditions like GPS monitoring. These changes mean even false allegations can trigger aggressive legal responses.

Why False Allegations Happen

Not every accusation comes from a place of truth. Unfortunately, false domestic violence allegations are more common than many realize, and they’re often tied to emotionally charged situations. These accusations can come up during:

• Heated breakups or divorces
• Child custody disputes
• Arguments involving jealousy or betrayal
• Cases involving mental health struggles or substance abuse

Sometimes, the alleged victim may genuinely believe violence occurred, even when it didn’t. In other cases, the accusation is deliberately weaponized to gain control in a legal or personal battle.

Being falsely accused of domestic violence puts your future at risk, with the stigma alone being hard to shake, even if you're never convicted.

Consequences of a Family Violence Conviction

Texas takes accusations of domestic violence seriously — and so should you. A conviction can lead to jail time, mandatory counseling, fines, and a permanent criminal record. But that’s just the beginning.

Here’s what else is on the line:

• Gun rights: A family violence conviction makes it illegal for you to own or possess firearms under federal law.
• Future charges: If you're convicted once, any future accusation — even years later — can be automatically elevated to a felony.
• Custody battles: Even an arrest (not a conviction) can affect your parental rights in a divorce or child custody proceeding.
• Social stigma: Employers, landlords, and even close family may view you differently, even without knowing the whole story.

Texas lawmakers have increased the consequences of domestic violence convictions in 2025, expanding access to protective orders and extending the timeline for prosecutors to file charges. That means even older or borderline cases can still come back to haunt you and place even more restrictions on your rights.

What to Know About Deferred Adjudication

Many first-time offenders are offered deferred adjudication, which is a type of probation that can result in dismissal if completed successfully. Sounds like a good deal, right?

Not so fast.

If the charge includes a “family violence” finding, even deferred adjudication means that the arrest, charge, and plea will stay on your record forever. You can’t expunge or seal it, which means future employers, licensing boards, and prosecutors will all have access to it.

Before you agree to a plea deal involving family violence, know what you’re giving up. Once you sign it, there’s no going back.

How an Expert Criminal Defense Lawyer Can Start Building Your Defense

Fighting false accusations takes more than just saying, “I didn’t do it”. Your defense attorney’s job is to tear apart the prosecution’s case and present clear, compelling reasons why the charge shouldn’t stick. That includes:

• Challenging the credibility of the alleged victim if their story changes or doesn't match physical evidence.
• Collecting exonerating evidence, like text messages, witness statements, or videos that contradict the claim.
• Filing motions to keep prejudicial or irrelevant evidence out of court.
• Negotiating to have charges reduced or the family violence designation removed.
• Securing affidavits of non-prosecution, when appropriate.
• Working toward a full dismissal, if the facts and strategy allow for it.

False domestic violence accusations demand a targeted legal strategy. An attorney who specializes in family violence cases will know how to fight back against them.

What Makes These Cases So Complicated

One of the most challenging aspects of defending against false accusations is that the justice system often errs on the side of caution. That means:

• Police are trained to make arrests at the scene when domestic violence is alleged — even if the evidence is shaky.
• Protective orders are sometimes granted quickly, limiting your access to your home or kids before you’ve even had a hearing.
• Jurors may assume you’re guilty just by the nature of the charge.

These challenges are now heightened by recent Family Code legal updates, which require officers to provide enhanced protection and resource information at the scene, as outlined in Texas Code of Criminal Procedure Article 5.04.

These are not easy cases to win — not because you’re guilty, but because the system doesn’t always give you the benefit of the doubt.

And if you try to explain your side too early, especially to the police, you might accidentally make things worse. That’s why it’s so important to remain silent and let your Texas Board-Certified criminal defense lawyer handle it.

What to Do Immediately If You’ve Been Falsely Accused

Here’s how to protect yourself starting today:

• Don’t talk to the police without a lawyer. Politely but firmly say, “I want to remain silent and speak to my attorney”.
• Don’t confront your accuser. Even if it feels like you can resolve it — don’t. That can lead to new charges or a protective order being issued.
• Save everything. Keep text messages, social media messages, call logs, and photos — anything that helps show your side of the story.
• Make a list of witnesses. Think of anyone who saw what happened or who can vouch for your character.
• Reach out to an attorney immediately. Time is critical. The earlier an aggressive defense strategy can be crafted, the better your chances of a positive outcome.

Don’t Let a False Accusation Define Your Future

False domestic violence allegations can flip your world upside down. They impact your freedom, your family, and your future — often before you’ve even had your day in court. But you’re not powerless. With the right strategy and expert legal counsel, you can effectively protect your rights and reputation.

Ryan H. Deck has represented clients in some of the most complicated and emotionally charged domestic violence cases in Williamson County. Ryan's first priority is to get the case dismissed. If that’s not possible, he works to have the charge amended to remove the “Family Violence” designation — affecting gun rights, future charges, and your permanent record. In many cases, he can coordinate an affidavit of non-prosecution from the alleged victim to demonstrate to the State that there’s no interest in pursuing the charges.

If you’re facing false domestic violence accusations, don’t wait to get legal help. Every day you wait is a day the police and prosecutor build their case against you. Contact us for a free consultation, and let's fight for your side of the story.