Domestic Violence Attorney in Fort Worth
Tarrant County Defense from an Attorney Who Knows the System
Bryan Wilson, The Texas Law Hawk, known as The Texas Law Hawk, is a Fort Worth-native criminal defense attorney who defends clients against domestic violence and assault family violence charges throughout Tarrant County. Attorney Wilson interned for two Tarrant County criminal court judges during law school and has practiced in local courts throughout his career. That institutional knowledge matters when the Tarrant County District Attorney’s Office is on the other side of the table.
A domestic violence charge in Texas carries consequences well beyond jail time. A conviction can trigger a federal lifetime firearms ban, permanently bar a defendant from sealing their record in Texas, and affect child custody and employment. Early intervention by a defense attorney who understands how Tarrant County prosecutors operate isn’t just helpful; it can be the difference between a permanent record and a path forward.
Contact Bryan Wilson, The Texas Law Hawk at (817) 440-3953 to schedule a free initial consultation with Attorney Wilson. The firm serves clients throughout Tarrant County, including Fort Worth and the surrounding cities.
Domestic Violence Charge Levels & Penalties in Texas
Texas law doesn’t have a standalone domestic violence statute. These offenses are charged under assault statutes, primarily Texas Penal Code sections 22.01, 22.02, and 25.11, with the “family violence” designation added based on the relationship between the parties. The difference between a misdemeanor and a first-degree felony often comes down to prior history, the method of assault, or the severity of injury.
- Class A misdemeanor: A first-offense domestic assault causing bodily injury under Texas Penal Code § 22.01 carries up to one year in county jail and a fine up to $4,000.
- Third-degree felony: A second domestic assault conviction, or a first offense involving strangulation or suffocation, is elevated to a felony carrying 2 to 10 years in prison and a fine up to $10,000.
- Second-degree felony: When a prior conviction and strangulation are both present, the charge rises to 2 to 20 years in prison and a fine up to $10,000.
- Continuous violence against the family: Under Texas Penal Code § 25.11, two or more acts of domestic assault within a 12-month period constitute a third-degree felony, even if no prior arrest or conviction resulted from the earlier incident.
- First-degree felony: Under Texas Penal Code § 22.02, aggravated domestic assault involving a deadly weapon that causes serious bodily injury to a family or household member carries 5 to 99 years or life in prison and a fine up to $10,000.
Beyond incarceration, a Class A misdemeanor conviction triggers a federal lifetime firearms ban under the Lautenberg Amendment, and Texas imposes an additional five-year ban following supervision. A family violence finding permanently bars a defendant from obtaining a non-disclosure order in Texas, meaning the record can’t be sealed. This applies even to deferred adjudication that doesn’t result in a formal conviction. Courts may also impose batterers’ intervention programs, anger management, or substance abuse counseling as conditions of probation.
How the Tarrant County System Actually Works
How these cases move from arrest to prosecution in Tarrant County helps explain why defense engagement from the very first hours matters. The steps below reflect how they typically unfold.
What Happens After a Domestic Violence Arrest
After an arrest, the accused is taken to the Tarrant County Jail for booking and held until a magistrate hearing. A no-contact order is often issued before bond is set, which can bar the accused from their own home. Domestic violence cases are then heard at the Tim Curry Criminal Justice Center in downtown Fort Worth. The hours before the magistrate hearing are often the highest-leverage window in the entire case, which is why having defense counsel engaged from the moment of arrest is critical.
The DA’s No-Drop Policy & Charging Decisions
The Tarrant County District Attorney’s Office maintains a dedicated Intimate Partner Violence team of five full-time Assistant District Attorneys and two investigators focused specifically on felony domestic violence prosecution. On Assault (Bodily Injury) of a Family Member cases, the DA’s Office operates a no-drop policy: the prosecution decision belongs to the prosecutor, not the alleged victim.
An Affidavit of Non-Prosecution is a sworn document an alleged victim can file to express a desire for the case to be dismissed or reduced. The DA isn’t legally obligated to honor it, but Tarrant County prosecutors take these affidavits into account when deciding how to proceed. Filing through the Tarrant County Victim Coordinator is typically the most effective route. Because the DA’s Office controls case filing, having defense counsel engaged early can shape pre-filing negotiations before charges are formally accepted.
Tarrant County Domestic Violence Diversion Program
Tarrant County operates a Domestic Violence Diversion Program, a 12-month pretrial option for first-time defendants charged with misdemeanor partner-on-partner family violence. The program is funded by a grant from the Criminal Justice Division of the Governor’s office. Defendants who complete it successfully may have their Assault (Family Violence) case dismissed, and a dismissed case may be eligible for expunction.
Eligibility is narrow. To qualify, a candidate must meet all of the following:
- No prior or current violations of protective orders
- No stalking allegations
- No open warrants
- No other pending charges
- No prior diversion history
- Victim consent
- A recommendation from the Tarrant County District Attorney’s Office
The procedure involves entering a guilty plea to Assault (Family Violence) at enrollment, with the judge recessing the hearing for one year while the defendant completes required treatment, counseling, and regular check-ins with a case manager. Upon successful completion, the defendant withdraws the guilty plea, and the case is dismissed. Not every defendant qualifies, and attorney involvement is typically required to secure the DA’s recommendation for the program.
Defense Strategies Attorney Wilson Pursues
Attorney Wilson takes a pragmatic approach to each domestic violence case, evaluating the specific facts before committing to a strategy. He pursues dismissals, charge reductions, and plea negotiations based on the actual evidence and circumstances rather than a fixed template.
Several defense avenues commonly arise in Texas family violence cases:
- Self-defense: Force used to defend oneself or one’s children during a domestic incident is a recognized affirmative defense under Texas law. If that force was justified, it doesn’t constitute family violence.
- False accusations and credibility: Domestic assault charges frequently rest on a single party’s account. False accusations, inconsistent statements, and witness credibility problems are common and legitimate defense avenues.
- Constitutional violations: Unlawful searches, improper interrogation, or failure to advise of Miranda rights can result in suppression of evidence and meaningfully strengthen a defense.
- Diversion and alternative sentencing: When the facts align, Attorney Wilson can advocate for program admission through the Tarrant County Diversion Program, which may help avoid a permanent conviction.
Attorney Wilson is admitted to practice in all Texas state courts and communicates directly with clients throughout the process rather than routing updates through assistants or paralegals.
Why Fort Worth Residents Choose Bryan Wilson
Attorney Wilson’s peer recognition within the legal community reflects years of consistent performance in criminal defense. He was rated by Super Lawyers every year from 2015 through 2022 and named a Super Lawyers Rising Star in 2017 and 2018. Fort Worth Magazine named him a Top Attorney for Criminal Defense every year from 2015 through 2022. Fort Worth Weekly Magazine named him a Reader’s Choice Best Lawyer in 2016 and 2017. He was named a Top Attorney by 360 West Magazine in 2018 and received the 2015 Lawyer of the Year recognition from Above the Law.
Attorney Wilson graduated summa cum laude from Texas Tech University School of Law in the top 7% of his class and earned a Distinction Award in Texas Criminal Procedure. His commentary on criminal defense has appeared on CNN, the Huffington Post, Fox News, and ABC News.
Clients of Bryan Wilson, The Texas Law Hawk receive direct access to Attorney Wilson, not a paralegal or case manager.
Frequently Asked Questions
Can the Alleged Victim Drop Domestic Violence Charges in Tarrant County?
Not unilaterally. Once a domestic violence case is filed with the Tarrant County DA’s Office, the prosecution decision belongs to the prosecutor. An alleged victim can file an Affidavit of Non-Prosecution through the Tarrant County Victim Coordinator to express a desire for dismissal or reduction, and prosecutors take these affidavits into account. The DA isn’t legally required to honor one. A victim’s recantation or refusal to cooperate can inform defense strategy, but it doesn’t stop the prosecution from proceeding on its own.
What Is an Emergency Protective Order & What Does It Restrict?
An Emergency Protective Order (EPO) is a court-issued restriction that can be entered at the time of arrest without the alleged victim requesting it, under the Texas Code of Criminal Procedure. An EPO typically lasts 61 to 91 days and can bar the accused from their home, prohibit contact with the alleged victim and household members, and forbid firearm possession. When a deadly weapon was involved, the order lasts 91 to 121 days. Violating an EPO is a separate criminal offense that carries its own penalties.
What Should Someone Do Immediately After a Domestic Violence Arrest in Fort Worth?
Don’t make statements to law enforcement without a domestic violence attorney present. The hours following an arrest involve decisions, including whether to speak to investigators or accept a plea, that can significantly affect the case. Contacting a defense attorney before the magistrate hearing gives counsel the best opportunity to influence pre-filing negotiations and the initial conditions of release. Contact Bryan Wilson, The Texas Law Hawk at (817) 440-3953 as soon as possible after an arrest.
Start Your Defense Before the DA Files Charges
Domestic violence charges in Tarrant County move quickly, and the decisions made in the first hours and days carry lasting consequences. Attorney Bryan Wilson offers free initial consultations to people facing these charges throughout Fort Worth and the surrounding Tarrant County area. That first conversation connects directly with Attorney Wilson, not a staff member. Bryan Wilson, The Texas Law Hawk can review the circumstances, explain what the Tarrant County system may do next, and identify defense options before they close.
Call (817) 440-3953 or contact the firm online to schedule a free consultation with Attorney Wilson today.
WHY HIRE BRYAN WILSON, THE TEXAS LAW HAWK?
Why Choose Bryan Wilson, The Texas Law Hawk?
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