Facing a domestic charge can be overwhelming, especially if it’s your first encounter with the criminal justice system. These charges can carry serious consequences, including jail time, fines, and long-term damage to your personal and professional reputation.
Many people don’t see the difference between family violence vs. domestic violence, but while they share similarities, the legal definitions and implications can vary depending on your state. Understanding what you are being accused of is critical to building a strong defense and protecting your rights.
In this guide, we’ll walk you through five essential steps you should take immediately if you’re facing a domestic charge. Each one can make a major difference in how your case unfolds.
What to Do If You’re Charged with a Domestic Offense
1. Do Not Contact the Alleged Victim
Once a domestic charge has been filed, your first instinct might be to reach out to the alleged victim to “clear things up.” This is a mistake. In many jurisdictions, a no-contact order or protective order is automatically issued once charges are filed. Violating such an order—even with good intentions—can result in additional charges and make your situation much worse.
Under Texas Family Code § 85.022, for example, a protective order can prohibit any form of communication with the alleged victim, including text messages, social media interaction, or asking someone else to communicate on your behalf. It’s crucial to follow these restrictions to the letter.
Even if there’s no formal order yet, avoid contact. Anything you say or do can be used against you later in court. Let your attorney handle communication if it becomes necessary.
2. Hire a Criminal Defense Attorney Immediately
You should not try to face a domestic charge alone. The laws surrounding domestic violence are complex and often skew in favor of the prosecution. Having a skilled defense attorney ensures your rights are protected and that someone with legal expertise is navigating the system on your behalf.
Your attorney will help you understand the charges, identify weaknesses in the prosecution’s case, and advise you on how to proceed. In many cases, your lawyer may be able to challenge the validity of the evidence, argue for reduced charges, or even seek dismissal based on procedural errors or lack of probable cause.
Legal representation becomes especially important if children or custody issues are involved, as family law and criminal charges often overlap in domestic cases.
3. Understand the Charges Against You
Domestic charges can take various forms, from misdemeanor assault to felony aggravated assault, depending on the severity of the allegations and whether a weapon was involved. The state often prosecutes these cases, even if the alleged victim wants to drop the charges.
For example, under California Penal Code § 273.5, it is a felony to inflict corporal injury on a spouse or cohabitant resulting in a traumatic condition. In contrast, Texas Penal Code § 22.01 outlines different degrees of assault, including a Class A misdemeanor for bodily injury and a third-degree felony for assault involving prior convictions or strangulation.
By understanding the specific statute under which you’re being charged, you and your attorney can begin to develop a defense strategy tailored to the legal elements of your case.
4. Avoid Discussing the Case with Anyone but Your Attorney
Anything you say about the case—online, in texts, or even in casual conversations—can be used as evidence. Prosecutors often comb through social media posts, call logs, and messaging apps for any information that could be used to bolster their case.
Even if you believe you’re explaining your side rationally, those statements could be twisted out of context. It’s best to remain silent and let your attorney do the talking. This also includes declining interviews with police or investigators without your lawyer present. You have a constitutional right to remain silent under the Fifth Amendment—use it.
If friends or family ask you about the situation, tell them that your lawyer has advised you not to speak about it. This keeps you safe and preserves the integrity of your defense.
5. Gather Evidence and Document Your Side
While your attorney will take the lead in building your defense, you can help by collecting any evidence that supports your version of events. This could include:
- Text messages, emails, or call logs
- Photos or videos
- Witness names and statements
- Medical records, if relevant
- A written account of what happened in your own words
Keep this information private and only share it with your attorney. Do not attempt to manipulate or destroy any evidence—tampering can result in additional charges.
Being proactive in your defense gives your lawyer more options and strengthens your case.
Final Thoughts
A domestic charge is a serious matter, but panic and poor decision-making only make things worse. By staying calm, following legal advice, and taking strategic action, you can protect your rights and give yourself the best possible chance of a favorable outcome. Each step you take from the moment you’re charged plays a crucial role in how your case will be resolved.
