Criminal Defense

Facing Family Violence Accusations in Houston: Preparing for Your First Attorney Meeting

Bring the whole picture: the allegation, every court order, existing messages, and the practical issues affecting your home and family.

Published by Law Office of Claudia Lopez, PLLC4 min read

A family violence allegation can affect daily decisions before the criminal case is resolved. You may have questions about where you can live, whether contact is allowed, how to collect belongings, or what a pending court date means. A defense attorney needs to see the actual documents before advising you about those issues.

Prepare for the meeting by gathering records and writing a factual timeline for counsel. You do not need to prove your case in the first phone call. You do need to identify any immediate order, deadline, or safety concern that requires attention.

What to keep in mind

  • Bring all orders and release conditions, not just the charging paper.
  • Preserve complete records and discuss contact restrictions before acting.
  • Explain related family proceedings and confirm the scope of representation.

Identify the allegation and the relationship involved

Texas assault law distinguishes allegations involving bodily injury, threats, and offensive or provocative contact. Family Code chapter 71 separately defines family, household, and dating relationships for its provisions. The precise charge and alleged relationship matter; the everyday label 'domestic violence' does not answer every legal question.

Bring the complaint, information or indictment if available, case number, release paperwork, and next setting. Tell counsel whether the allegation concerns a current or former partner, a relative, a household member, or another relationship. Also explain whether any other criminal or family-court proceeding is pending, so counsel can identify overlapping issues and the scope of the requested representation.

Sources:Texas Penal Code § 22.01: assaultTexas Family Code chapter 71: family, household, and dating violence definitions

Put every protective order and bond condition first

A magistrate's emergency protection order under art. 17.292 can restrict specified contact, locations, and firearm possession. Bond conditions or a separate protective order may impose additional requirements. Bring complete copies, including attached pages, and ask the attorney to explain what each order permits and prohibits.

Do not rely on another person's invitation or a private agreement to change a court order. Ask how any necessary modification must be requested before acting. Be specific about practical concerns such as childcare exchanges, returning home, medication, work equipment, or shared accounts. Counsel can evaluate the documents and the proper way to address the problem rather than asking you to improvise around restrictions.

Sources:Texas Code of Criminal Procedure chapter 17: bail and emergency protection orders

Preserve context for your lawyer's review

Write a chronological account of the events leading up to the allegation, the incident itself, and what happened when officers arrived. Separate your personal observations from information you received later. Note possible witnesses, existing camera footage, photographs, medical records, and relevant messages, including material that may be unfavorable.

Keep original files and full message threads where available. Tell the lawyer if you know of material that may be overwritten or lost, so preservation can be considered. Do not delete records, edit photographs, access someone else's accounts, or ask anyone to coordinate a story. Providing complete context lets counsel evaluate credibility questions and potential defenses without avoidable gaps.

Discuss communication through counsel

A complainant's wishes do not, on their own, dismiss a criminal case. Article 32.02 addresses dismissal by the state's attorney with judicial permission. If someone wants to change or explain a statement, tell your attorney instead of trying to obtain a particular account yourself.

Ask how contact from the other person should be handled under the existing orders, including indirect contact through relatives or social media. If there are children, a shared residence, or a pending family matter, explain those facts early. Do not assume the criminal defense engagement covers a divorce, custody dispute, or a separate civil proceeding; ask what assistance is included and what requires separate advice.

Sources:Texas Code of Criminal Procedure art. 32.02: dismissal by the state's attorney

Ask how the defense review will proceed

Ask what evidence the lawyer will seek, how you will review it together, and what questions cannot be answered yet. Discuss the next appearance, the scope and cost of representation, and how to raise an urgent question about an order. A useful meeting should leave you understanding your current obligations and the next step in the review.

The Law Office of Claudia Lopez, PLLC represents Houston-area clients facing assault and family violence allegations. Claudia is a former Harris County prosecutor and works directly with clients in English and Spanish. Bring the documents even if they feel confusing or incomplete; identifying the missing pieces is part of preparing an informed defense.

Sources & further reading

General information, not legal advice. Laws and procedures can change, and their application depends on your circumstances. Speak with an attorney about your situation.

Related resources

Keep your questions moving.

All articles