Being accused of domestic violence in Collin County, whether in McKinney, Plano, or Frisco is a high-stakes legal event. In Texas, these cases are categorized as “family violence,” and the legal system is designed to trigger immediate protections for the accuser, often before a defendant has had the opportunity to present their side of the story.

An accusation can lead to an instant arrest, a mandatory “no-contact” period, and the loss of your right to possess firearms. Understanding the intersection of the Texas Penal Code and local Collin County court procedures is the first step in protecting your rights and your future.

How Texas Defines “Family Violence”

Texas law uses a broad definition for domestic incidents. Under Texas Family Code § 71.004, family violence is defined as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the member in fear of imminent physical harm.

The law applies to:

• Current or former spouses.
• Parents of the same child.
• Foster children or parents.
• Relatives by blood or marriage.
• Dating Partners: Under Texas Family Code § 71.0021, individuals in a current or former “dating relationship” are also covered.
• Household Members: People living together, even if not related.

The Consequences of an Arrest: The 24-48 Hour Window

If police are called to a domestic dispute in Collin County and find probable cause that violence occurred, an arrest is almost certain. Once in custody, you will be taken before a magistrate.

Under Texas Code of Criminal Procedure Art. 17.292, the magistrate can issue a Magistrate’s Order for Emergency Protection (MOEP). This order typically lasts 31 to 61 days (or up to 91 days if a deadly weapon was used). It legally prohibits you from communicating with the alleged victim or going near their home, job, or childcare facility.

The “No-Drop” Policy and the District Attorney

A common misconception in McKinney and throughout Collin County is that the “victim” can choose to “drop the charges.” In Texas, the Collin County District Attorney’s Office makes the final decision on whether to prosecute.

Even if the accuser signs an Affidavit of Non-Prosecution, the State may proceed if they believe they have enough evidence, such as 911 call recordings, police body-camera footage, or photographs of physical injuries. This “evidence-based prosecution” is intended to prevent defendants from pressuring accusers into dismissing legitimate charges.

Classifications of Family Violence Charges

The severity of the charges depends on the specific allegations and your prior record:

• Class A Misdemeanor Assault: Under Texas Penal Code § 22.01, causing “bodily injury” (which can include mere pain) is a Class A misdemeanor punishable by up to one year in jail and a $4,000 fine.
• Third-Degree Felony Assault: The charge is elevated if there is a prior conviction for family violence or if the allegation involves “impeding breath or circulation” (strangulation).
• Continuous Violence Against the Family: Under Texas Penal Code § 25.11, two or more family violence incidents within a 12-month period can result in a third-degree felony charge.

Collateral Consequences: Firearms and Records

The impact of a family violence conviction, or even a “deferred adjudication” probation is permanent in Texas.

1. Firearm Restrictions: Under the federal Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence loses their right to possess firearms or ammunition for life.
2. Non-Disclosure Bar: Unlike many other misdemeanors, a “Family Violence” finding makes you ineligible to have your record sealed via an Order of Nondisclosure. This means the arrest and outcome will be visible to employers forever.
3. Family Law Impact: A finding of family violence can severely limit your rights in child custody (conservatorship) proceedings in Texas family courts.

Steps to Take If Accused

1. Comply with the MOEP: Even if you believe the accuser is lying or they reach out to you first, do not respond. Any contact is a separate criminal offense.
2. Exercise Your Right to Silence: Do not attempt to explain your “side of the story” to the police. These statements are often used to establish the “bodily injury” or “threat” elements of the crime.
3. Preserve Digital Evidence: Save all text messages, emails, or voicemails from the accuser that may show the context of the argument or reveal a motive for a false accusation.
4. Seek Counsel Early: In Collin County, the window between arrest and the formal filing of charges (indictment or information) is the best time for a defense attorney to present mitigating evidence to the prosecutor.

Legal Advocacy in McKinney and Plano

Allegations of domestic violence are rarely simple. They often involve complex emotions, divorce proceedings, or child custody disputes. At The Law Office of Chris Fredericks, we understand the unique pressures of the Collin County legal system. We focus on a thorough investigation of the facts, challenging inconsistent statements, and ensuring that our clients are treated fairly under the law.

If you have been accused of domestic violence in Collin County, contact The Law Office of Chris Fredericks at (469) 217-3672 or visit our contact page to discuss your defense.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.