Being arrested for domestic violence in Texas can feel frightening and confusing. The process is fast, stressful, and often comes with immediate restrictions on your freedom. Understanding your rights at the moment of arrest and throughout the legal process is essential. Texas law gives you protections that must be respected, and knowing how to use those protections can shape the outcome of your case.
This guide explains your key rights after a domestic violence arrest, what you can expect during the process, and why hiring an experienced defense attorney is the most important step you can take.
Your Right to Remain Silent 
The first and most important right you have is the right to remain silent. Police officers are trained to gather evidence, and anything you say can be turned into evidence against you. Even if you believe that explaining yourself will clear things up, it is rarely wise to speak without an attorney present. Texas courts allow prosecutors to use your statements as evidence, even if you think you were simply defending yourself. Choosing silence is not an admission of guilt. It is your constitutional right, and it is one of your most powerful protections.
Your Right to an Attorney
Every person accused of a crime in Texas has the right to an attorney. If you cannot afford one, the court may appoint a lawyer to represent you. Domestic violence cases are particularly complex, often involving protective orders, questions of family law, and evidence that may rely heavily on witness statements. A skilled defense lawyer ensures that your rights are respected and helps you prepare a strategy tailored to your situation.
Having a knowledgeable attorney is especially important in North Texas, where courts in Collin County, Denton County, and Tarrant County frequently impose strict conditions on defendants. You can read more about the general protections available in the Domestic Violence FAQ.
Your Right to a Fair Bond Hearing
Soon after your arrest, you will appear before a judge for a bond hearing. This is where the judge decides whether you can be released before trial and what conditions will apply. In domestic violence cases, judges often set conditions such as avoiding contact with the alleged victim or surrendering firearms. These restrictions can affect your daily life, your job, and your family relationships.
You have the right to ask for fair bond conditions. An attorney can argue for your release on reasonable terms so that you can continue working, caring for your family, and preparing your defense.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
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Your Right Against Unlawful Search and Seizure
Police officers cannot ignore constitutional rules when collecting evidence. They must have a valid warrant or a recognized exception to search your home, take your property, or review your personal belongings. If evidence was gathered without following these rules, it can be challenged and sometimes excluded from your case.
In family violence situations, law enforcement often responds quickly and may overstep. That is why your right against unlawful search and seizure is so critical. Learn more about how these protections work by reviewing information at How to Defend Against Unlawful Search and Seizure in North Dallas, Texas.
Your Right to Challenge the Evidence
Domestic violence arrests often rely on statements made in the heat of the moment. Witness testimony, police reports, and photographs may not tell the full story. You have the right to challenge every piece of evidence presented against you. That includes cross-examining witnesses, questioning the accuracy of police accounts, and presenting your own side of the story.
Texas courts require that guilt be proven beyond a reasonable doubt. If the evidence is weak, unclear, or contradictory, your attorney can argue for dismissal or reduced charges.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.” - Forrest Davis I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited." - Steve Ak My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results." - Rudy Castanon
Your Right to a Trial
If you choose to plead not guilty, you have the right to a trial. You may choose a jury trial or a trial before a judge. At trial, the prosecution must prove that you committed the offense. You do not have to prove your innocence. This is a critical protection under Texas and federal law.
During trial, your lawyer can present evidence, call witnesses, and highlight weaknesses in the state’s case. Trials can be intimidating, but they are also the best opportunity to fully defend yourself.
Your Right to Explore Alternatives Beyond Conviction
Not every domestic violence arrest ends in a conviction. Depending on the facts of your case, it may be possible to negotiate for reduced charges, secure a dismissal, or pursue alternative outcomes. Diversion programs or counseling requirements are sometimes options, and in some situations you may later be able to seal or expunge your record.
For example, in certain counties you can explore the possibility of clearing your record if charges are dismissed or reduced. You can learn more about these options here.
What Happens After a Domestic Violence Arrest in Texas
The arrest is only the beginning of the legal process. Once you are released on bond, you may face protective orders, ongoing court appearances, and strict conditions on where you can go and who you can contact. Judges may order you to stay away from your own home if the alleged victim lives there. These restrictions can last throughout the case.
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The way you handle the first days and weeks after an arrest can make a major difference in the long run. A knowledgeable defense lawyer can help you prepare for court appearances, gather favorable evidence, and keep your case on track. For insight into what happens in court, review this.
Why Choosing the Right Attorney Matters
Domestic violence charges bring serious risks. A conviction can mean jail time, fines, probation, loss of firearm rights, and lasting damage to your reputation. It may also affect custody arrangements and employment opportunities.
The Wilder Law Firm, based in Plano, has years of experience defending clients facing domestic violence charges in North Texas. Our attorneys understand how these cases are prosecuted locally and how to protect your rights from the moment of arrest through trial. Having strong representation means more than just legal advice. It means having someone in your corner fighting for your freedom and your future.
If you or a loved one has been arrested for domestic violence in Texas, you should not face the system alone. Contact Wilder Law Firm for a free consultation. Our Plano office serves clients across Collin County, Denton County, Tarrant County, and nearby areas.