Conroe Domestic Violence Defense Lawyer

Seasoned Domestic Violence Defense Attorney in Conroe, TX

Facing a domestic violence charge can be overwhelming and emotionally draining. You need a Conroe domestic violence defense lawyer who offers compassion while at the same time providing robust criminal defense services to help safeguard your rights and protect your future. 

You need an attorney who has the experience of thousands of trial cases, including pre-trial cases, across Southeast Texas. You need Benton Baker IV, Attorney at Law, as your ally. Let us resolutely defend your rights and provide you with the care, attention, and professional legal support you deserve in these trying times. 

What’s Considered Domestic Violence in Texas? 

Every state has a slightly different conception of what’s considered domestic violence. In Texas, there does not have to be an actual physical act of violence for a crime to be considered family violence. Texas domestic violence laws are codified in the Texas Family Code Chapter 71, which defines family violence as follows: 

• The use or threat of force against another member of the family or household that is intended to result in bodily injury or place a family or household member in fear of imminent bodily injury or sexual assault. 

• Abuse by a family or household member toward a child. 

• Abuse that can be described as dating violence. 

Texas law explicitly notes that self-defense is not considered a form of family violence. 

What Is Dating Violence? 

Dating violence is committed against a victim or potential victim applying for a protective order with any of the circumstances listed below: 

• Someone with whom the victim has had an intimate relationship. 

• Someone whom the victim is married to or in a relationship with. 

• Someone with the intent to cause physical harm, sexual assault, or a reasonable fear of physical harm or sexual assault. 

What Is Child Abuse? 

Child abuse is another form of domestic violence that can only be perpetrated against children in the household. It includes acts, such as those listed below: 

• Physical injury that causes or threatens substantial harm to a child. 

• Sexual conduct that is harmful to a child’s mental, emotional, or physical welfare. 

• Compelling or encouraging a child to engage in sexual conduct. 

• Causing, permitting, or encouraging the photographing, filming, or depicting of a child in obscene materials. 

• The use of a controlled substance in a manner that results in physical, mental, or emotional injury to a child. 

• Expressly permitting a child to use a controlled substance. 

• Expressly allowing a sexual performance by a child. 

• Forcing or coercing a child into marriage. 

Protective Orders and Texas Domestic Violence Defense Laws 

Domestic violence cases often involve protective orders. Under Chapter 71 of the Family Code, you could be considered to have violated a protective order if you fail to respect any of its provisions, which typically include those acts or behaviors listed below: 

• Avoiding further acts of family violence. 

• Communicating directly or indirectly with any protected individual. 

• Going to or near the protected individual’s residence, place of employment, or a childcare facility or school that a protected child normally attends. 

• Giving up firearms. 

• Not harming, threatening, or interfering with pets. 

• Not removing or tampering with GPS monitoring systems. 

He Said—She Said—They Said.

Domestic violence or ‘Family Violence’ in Texas, when found by a court, has lifetime consequences. Did you know that one accusation of Family Violence after surviving a previous finding of Family Violence can result in felony charges? Felonies can mean prison time. Whether it is the first or a subsequent charge of domestic violence, you must fight back. This could mean preparing for and having a jury trial. There is so much at stake in these cases whether a misdemeanor or a felony. 

Another collateral consequence of a domestic/family violence finding is that it will forever disenfranchise you from possessing or transporting firearms and ammunition. For many families in East Texas this is severe. And I agree, it is difficult to understand how a misdemeanor charge can absolve a citizen’s 2nd Amendment Constitutional right to Bear Arms. For many, this reason alone warrants standing up to the allegations and fighting back. 

Most East Texas counties have specialized prosecutors whose sole duty is to prepare and prosecute Family Violence cases. Therefore, you need Big Ben Baker by your shoulder. Ben’s training in domestic/family violence cases is superior to that of most assistant district attorneys. Moreover, as a veteran trial lawyer, Ben practiced as a matrimonial/divorce lawyer and served as a family advocate in the early years of his career. Whereas most assistant district attorneys are working their first lawyer job, they lack context for matters that intersect with and conflict with their vision of justice. Government lawyers are often limited in understanding and appreciating the dire effect and collateral suffering their pursuit causes. This is why the United States and particularly Texas puts such strength and faith in the jury system. District attorney offices are government bureaucracies, and expecting compassionate understanding from bureaucrats is to hope for snow in July. Trained, seasoned and polished as a trial lawyer, you will bring the fight to the Government when you hire Big Ben.

Our local Conroe domestic violence defense law firm has experience representing clients in domestic violence cases like those listed below: 

• Assault charges 

• Violation of protective orders 

• Child abuse allegations 

• Harassment charges 

• Stalking accusations 

No matter what kind of domestic violence charges you are facing, you can benefit from working with a defense attorney who has courtroom experience and an extensive knowledge of domestic violence defense laws. 

Potential Defense Strategy Against Domestic Violence Charges 

The legal defenses against domestic violence charges that have been successful in past cases heard at the Montgomery County Courthouse vary depending on what kind of accusations you are facing. Depending on the circumstances of your case, your lawyer may use one of the common criminal defenses listed below: 

• Self-defense. If you were protecting yourself from physical harm, used a proportionate amount of force, and didn’t initiate the violence, you could use a self-defense charge. 

• Defense of others. The defense of others works in similar ways to a self-defense charge. To use this defense, you must have reasonably believed that the other person was in danger of physical harm. 

• False accusations. People sometimes make false accusations of domestic violence. This is common in custody battles and among people with mental health issues. It can help your case if you can provide evidence that contradicts the accuser’s story or witnesses who can back up your version of the events. 

• Lack of evidence. The prosecutor must present physical evidence and witness testimony that is in alignment with the alleged domestic violence victim’s story. If they can’t, you may be able to get the charges dismissed. 

• Violation of rights. If law enforcement conducted a warrantless search, failed to provide you with your Miranda warning, or denied you the right to counsel, that could lead to evidence or testimony being thrown out, leading to your case’s dismissal. 

• Lack of intent. Most domestic violence charges require proof that you intended to cause harm. If the incident was an accident, you may be acquitted, or the charges may be dropped. 

• Mutual combat. If both people were equally responsible for a fight that led to domestic violence charges, you may be able to mount a defense based on mutual combat. 

Determining the right defense for your case requires the help of an experienced Conroe domestic violence defense attorney. 

Domestic Violence Penalties in Texas 

The penalties you could face for domestic violence vary based on what crime you’re being charged with. Some domestic violence crimes are misdemeanors, while others are tried as felonies. Most first-time offenders face misdemeanor charges for things like assault against a family member. However, even Class C misdemeanor family violence cases can come with collateral consequences, like those listed below: 

• Loss of parental rights 

• Restrictions on gun ownership 

• Difficulty with finding housing or employment 

• A permanent criminal record that can be used to enhance further misdemeanor charges 

• Exclusion from future motions to seal your record 

Reasons to Hire a Domestic Violence Defense Lawyer 

According to the Texas Advocacy Project, one in three Texans faces domestic violence in their lifetime. In 2023, 205 Texans were killed in incidents involving intimate partner violence, and 205,048 family violence incidents were reported in 2024. While it’s important to take domestic violence seriously, it’s also important that the accused have access to the legal support they need to defend themselves against these charges. Prosecutors don’t go easy on these cases. 

If you’re facing domestic violence charges in Texas, you can hire a domestic violence lawyer to help you with navigating your case. A qualified attorney can help you with the actions listed below: 

• File paperwork and keep track of deadlines. 

• Defend your rights and interests in court and in plea negotiations. 

• Gather and analyze evidence and witness statements to support your domestic violence defense strategy. 

• Decide whether to accept a plea bargain or take your case to trial. 

Your Conroe domestic violence defense attorney can also provide direct representation in court if a jury trial turns out to be the most effective way to proceed in your domestic violence defense case. 

Jump into the fight! Call Ben now!

Don’t let domestic violence charges take control of your life. Benton Baker IV, Attorney at Law, is a fierce resource for anyone facing criminal charges. You can trust our legal team to aggressively defend you in any way we can. Contact us online for more information.