San Antonio Domestic Violence Attorney

A domestic violence allegation carries significant legal and personal implications that require a thoughtful and immediate response. From the outset, such a charge can lead to a protective order, affect your living situation, and impact your personal and professional reputation.

We understand the weight of this situation and the importance of addressing it with clarity and discretion. At Lance Kennedy Law, we provide principled legal guidance from the beginning of your case. Our commitment is to defend your rights steadfastly throughout the legal process, so you can begin getting your life back.

If you are facing an allegation of family violence, contact our domestic violence attorney in San Antonio at (737) 324-7540 for a confidential consultation.

What Constitutes Domestic Violence in San Antonio?

In the state of Texas, what is commonly called “domestic violence” is legally known as “family violence.” This is not a separate crime but a critical finding that the prosecution can attach to an existing charge, often Assault. The presence of this “family violence” finding transforms the case, dramatically increasing the penalties and creating lifelong consequences from what might otherwise be a standard misdemeanor.

The law defines “family” and “household” broadly, casting a wide net covering far more than immediate family. The statute applies not only to current or former spouses and relatives but also to roommates, foster family members, and anyone in or previously in a “dating relationship.” Because of this, many different types of personal or living relationships can unexpectedly fall under family violence laws.

A common misconception is that a charge requires serious physical injury. The threshold for an allegation is much lower. A charge can be filed based on a verbal threat that causes fear or even a physical touch that the other person deems offensive. Once the “family violence” label is applied to a case, it is prosecuted with greater aggression and carries penalties far more severe than a standard assault charge.

Consequences Beyond Jail Time: The Consequences of a "Family Violence" Finding

Often, the most damaging penalty in a domestic violence case is not time in jail, but the permanent "affirmative finding of family violence." This legal finding becomes a public record that attaches to your name for life, a brand that carries severe and lasting consequences. While a first offense is typically a serious misdemeanor, the existence of this finding means any subsequent family violence allegation can be filed as a third-degree felony, punishable by years in prison.

This finding also triggers an immediate loss of rights. Under federal law, you will be permanently banned from possessing or owning a firearm—a right that, once lost, cannot be restored. Furthermore, a family violence finding will be a primary and detrimental factor in any child custody dispute, creating a legal presumption that it is not in the child’s best interest for you to have unsupervised access. These repercussions make a formidable defense against the finding itself critical.

The Stages of a Family Violence Case

When an arrest for family violence occurs in San Antonio, the legal process begins at the Bexar County Central Magistrate's Office. There, a judge will inform you of the charge, set your bond conditions, and almost certainly issue an Emergency Protective Order (EPO). This order has immediate power: it legally bars you from all contact with the accuser. If you share a living arrangement with the accuser, it forbids you from returning to your home for up to 91 days. We understand this initial phase is often the process's most challenging and disruptive part.

Following this hearing, your case moves into the hands of the Bexar County District Attorney’s Office. It will be assigned to their Family Violence Division—a unit of prosecutors focusing on these specific cases. It is vital to understand that this division controls the case, not the person who made the initial call. They can pursue charges even if the accuser wishes to reconcile, often building their case on the original 911 call and police reports. Responding effectively requires an immediate and purposeful defense strategy.

Building a Defense Against a Domestic Violence Charge in San Antonio

When the San Antonio Police (SAPD) or Bexar County Sheriff’s deputies respond to a domestic dispute, the report they write is often just a snapshot—a one-sided story told in a moment of crisis. Our primary objective is to move beyond that initial report and construct a factual narrative of what occurred. This requires a purposeful and detail-oriented investigation.

Leveraging our background as a firm founded and led by a former federal prosecutor, we know how the Bexar County District Attorney’s Office builds these cases. We can subpoena and scrutinize every piece of their file, including SAPD body camera footage, 911 recordings, and witness statements. To build the complete picture, we conduct our own investigation that goes deeper, collecting the communications—text messages, emails, and witness accounts—that tell the rest of the story missing from a one-sided police report.

A valid defense may be that you were acting in self-defense as defined by Texas law, that the allegations are false or exaggerated, or that the state simply cannot meet its high burden of proving its case beyond a reasonable doubt. Our commitment is to meticulously dismantle the state's narrative and build a formidable defense of your rights.

Do not wait to get the help you need. Contact our office online or call (737) 324-7540 to begin building your defense with a domestic violence lawyer in San Antonio today.