McAllen, Texas Domestic Violence Lawyers

Domestic violence (or family abuse) is an issue that affects more families in Texas than you might think. At The Sanchez Law Firm, our McAllen domestic violence attorneys aggressively help people facing domestic abuse or criminal charges involving allegations of domestic violence in Texas.

With more than 23 years of experience, attorney Sergio Sanchez is known for the aggressive legal service and outstanding results he provides to clients in McAllen and throughout the Rio Grande Valley region. When you contact our firm, you will always speak with a friendly staff member who is ready to help you. As an experienced family law attorney, criminal defense lawyer and a former prosecutor, Mr. Sanchez is well-versed in Texas family violence law.

What Are The Core Legal Fundamentals Of Domestic Violence In Texas?

Under Texas Family Code Chapter 71, domestic violence is legally referred to as family violence. It includes any act intended to cause physical harm, bodily injury, assault or a threat that reasonably places another person in fear of imminent harm.

Family violence: Physical harm, injury, assault or threats of violence between family or household members.
Dating violence: Harm or threats between individuals who are or were in a dating relationship.
Household: People living together in the same home, regardless of relation.
Stalking: A pattern of behavior causing another person to feel harassed, threatened or fearful for their safety.
Coercive control: A pattern of behavior aimed at dominating another person, often through isolation, threats or financial restrictions.

Understanding these distinctions helps determine what type of protection or criminal charge may apply.

What Types Of Protective Orders Exist In Texas?

Texas offers several forms of protective orders (POs), each with different timelines, proof requirements and available reliefs. Main types of orders include:

Temporary ex parte protective orders (Family Code Ch. 83): Granted without the alleged abuser’s presence, these last up to 20 days and can be extended. They provide immediate protection while awaiting a full hearing.
Final protective orders (Family Code Ch. 85): Issued after a court hearing with both parties present. They can last up to two years or longer if there is serious harm or repeated violence.
Magistrate’s order for emergency protection (MOEP) (Code of Crim. Proc. 17.292): Commonly issued after an arrest for family violence or stalking. Usually effective for 31 to 91 days, it restricts contact and firearm possession.

Attorney Sergio Sanchez, a McAllen domestic violence attorney, helps ensure that filings, hearings and enforcement are properly handled.

What Criminal Charges And Enhancements Apply In Domestic Violence Cases?

Common charges include:

Assault – family violence (Penal Code 22.01): Involves intentionally causing or threatening bodily injury. A first offense may be a Class A misdemeanor; repeated offenses are felonies.
Continuous violence against the family (Penal Code 25.11): Applies when there are two or more assaults within a 12-month period. This is a third-degree felony.
Violation of a protective order (Penal Code 25.07/25.072): Even accidental contact may trigger criminal penalties and repeated violations can lead to felony charges.
Stalking (Penal Code 42.072): Involves repeated, intentional harassment or threats. This is a felony offense.
Strangulation or choking: Enhances assault charges to a third-degree felony, even for a first offense.
Repeat offender enhancements: Prior convictions can elevate a misdemeanor to a felony, increasing possible prison time.

Having an experienced Texas criminal defense lawyer is essential for building a solid defense or negotiating reduced charges.

What Are The Firearm Consequences In Texas Domestic Violence Cases?

Texas law and federal law under the Lautenberg Amendment restrict firearm possession for individuals convicted of domestic violence or subject to certain protective orders.

Those affected may be required to surrender all firearms and prohibited from purchasing or possessing new ones. Violation of these terms can lead to additional criminal charges.

What Do Bond Conditions And No-Contact Orders Mean?

When someone is arrested for family violence, bond conditions include a no-contact order that prohibits communication with the alleged victim. These restrictions remain until modified by the court.

Defendants may seek modifications when there are shared children, work relationships or pending family court cases. However, violating bond conditions, even unintentionally, can lead to revocation of the bond or additional charges.

How Does Domestic Violence Affect Family Law Matters?

Under Family Code 153.004, there is a rebuttable presumption that joint managing conservatorship is not in a child’s best interest when a parent has a history of family violence. Courts may order:

Supervised visitation at a designated safe location
Safe exchange sites for pickups and drop-offs
Restrictions on overnight or unsupervised visits

In addition, a finding of family violence can make a spouse eligible for spousal maintenance even if the marriage lasted less than 10 years. Courts may also grant a disproportionate division of property to compensate for abuse-related hardship.

What Is The Process, Timeline And Evidence Needed For A Protective Order In Hidalgo County?

Filing for a protective order in Hidalgo County involves several clear steps. The process begins at the Hidalgo County Courthouse in Edinburg, where the district clerk or the county attorney’s office assists with filings. The step-by-step process includes:

File a sworn application with detailed allegations of family violence
Pay filing fees (often waived for victims)
Serve the respondent with notice of the hearing
Attend the hearing within 14 days, unless a continuance is granted
Bring evidence such as medical records, texts, photos or witnesses

Court preparation with an attorney helps ensure that paperwork, testimony and exhibits meet evidentiary standards.

For domestic violence cases, relevant proof includes:

Text messages, emails and social media posts
Photos, medical records or SANE (Sexual Assault Nurse Examiner) exams
911 recordings and witness statements
Lethality assessments and digital evidence

Accused individuals may defend themselves using self-defense, lack of intent or proof of false allegations. However, contacting the complainant can worsen the case or lead to bond violations.

After a case concludes, record relief options are limited. A conviction or a finding of family violence usually blocks expunction or orders of nondisclosure. This means the record remains public. In turn, it can affect employment, housing and licensing for years. Only dismissals or acquittals may qualify for record sealing.

Help For All Aspects Of Domestic Violence Charges And Protective Order Disputes

In Texas, domestic violence refers to the deliberate or reckless infliction of bodily harm or threat of bodily harm to a family member such as a spouse. Attorney Sanchez knows the civil and criminal codes relating to domestic violence and texas family abuse inside and out. He can assist you with issues such as:

Orders of protection: Helping you get a restraining order to prevent an abuser from further harming you. Similarly, as a criminal defense and family law attorney, Mr. Sanchez defends clients against allegations in a protection order hearing. These hearings involve soldifying or denying a loner-term protective order. We provide experienced guidance in all aspects of domestic abuse disputes. Domestic violence attorney Sergio Sanchez represents individuals with integrity in protective order hearings.
Divorce: Handling your divorce, especially child custody order issues, when there may be allegations of family violence.
Child custody: When allegations of family violence are present, child custody and visitation disputes can be highly contentious. Attorney Sanchez leaves no stone unturned to resolve the issues and fight for the best interests of the children.
Criminal cases: Providing strong criminal defense to people accused of domestic assault, family abuse and similar crimes.

As a former prosecutor, attorney Sanchez understands both sides of domestic violence cases. He wants to help survivors build safe lives for themselves and their children. He also wants to protect the rights of the accused to ensure that they receive the presumption of innocence that they deserve.

Get A Free Domestic Violence Law Consultation Today

Whether you need protection from abuse or you need to protect your rights from criminal charges, The Sanchez Law Firm can assist you. Contact our McAllen domestic violence lawyers today at 956-467-57666 or send us an email to get a free initial consultation. You can reach us 24/7.