What Is the Burden of Proof in a Texas Domestic Violence Case?

Getting charged with domestic violence is scary. It can feel like the world is suddenly looking at you through a different lens, and you’re already guilty in the court of public opinion. But here’s the truth: an accusation is not a conviction. And in our justice system—at least how it’s supposed to work—the burden of proof is on the prosecution.

That’s not just legal jargon. It’s a fundamental protection under the law. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we fight every day to make sure people accused of crimes in Texas get treated fairly and don’t get steamrolled by a system that can feel stacked against them.

Let’s talk about what the “burden of proof” really means in a Texas domestic violence case, what evidence the state can use against you, and why having a good defense lawyer by your side makes all the difference.

What does “burden of proof” mean?

In a criminal case like domestic violence, the burden of proof falls squarely on the prosecutor. That means you don’t have to prove your innocence—it’s the state’s job to prove guilt.

And not just “probably guilty.” In Texas, the prosecutor has to prove every element of the offense beyond a reasonable doubt.

That’s the highest legal standard we have. It’s more than suspicion, more than evidence that looks bad, more than “they probably did it.” If there’s any reasonable doubt in the jurors’ minds, they must find you not guilty.

So when you hear the words “burden of proof,” think of it as a big heavyweight the prosecution has to carry—and you don’t.

Why is the burden so high?

The philosophy of the justice system considers it better for ten guilty people to walk free than for one innocent person to be wrongfully convicted. It doesn’t always feel like the system takes this to heart in real life, but it should.

In domestic violence cases, this standard is crucial. These cases often involve conflicting stories, lack of physical evidence, or accusations made in the heat of the moment. Without that high burden of proof, it would be far too easy for someone to be convicted based on assumption alone.

What kinds of evidence does the state use?

In a domestic violence case, the prosecution will usually rely on two types of evidence: physical and circumstantial. Let’s break those down.

1. Physical evidence

This includes things like:

• Photos of injuries or property damage
• 911 call recordings
• Medical records from emergency room visits
• Police body cam footage
• Objects allegedly used during the incident (weapons, broken items, torn clothing)

That kind of evidence can carry a lot of weight with a jury. But it’s not always available. Not every domestic violence accusation comes with bruises or a broken lamp.

2. Circumstantial evidence

This is where it gets trickier. Circumstantial evidence may not directly prove anything—but it can suggest something. That might include:

• A neighbor hearing yelling through the wall
• Someone saying they saw you leave the house angry
• Text messages that sound aggressive
• A history of arguments or fights
• Proof you were at the scene

The thing is, both physical and circumstantial evidence can point to conclusions that aren’t true. A defense attorney can help a jury see all the gaps.

Can you be convicted without physical evidence?

Technically, yes. Texas law allows for convictions based solely on circumstantial evidence. But in practice, it’s tough. Most jurors expect to see something—bruises, video, text messages, or at least consistent witness testimony.

And if there are inconsistencies, if the alleged victim recants, or if the timeline doesn’t add up? That reasonable doubt starts creeping in.

What if the alleged victim takes back the accusation?

This happens more often than people think. Domestic disputes are emotional, and sometimes, people call the police in the heat of the moment and then regret it later.

But here’s what many folks don’t realize: once charges are filed, the prosecutor—not the alleged victim—controls the case.

Even if the person who made the accusation wants to drop it, the state can still move forward if they believe they have enough evidence. That’s why having a defense lawyer isn’t optional—it’s essential.

What’s at stake in a Texas domestic violence case?

A lot. If you’re convicted of assault-family violence under Texas Penal Code §22.01(b), you could be looking at:

• Class C misdemeanor – Simple assault, punishable by a fine of up to $500.
• Class A misdemeanor – Assault causing bodily injury or violation of a protective order; up to one year in jail and a $4,000 fine.
• Third-degree felony – Prior convictions, strangulation, or repeated protective order violations; up to 10 years in prison and a $10,000 fine.
• Second-degree felony – Aggravated assault or serious bodily injury; up to 20 years in prison and a $10,000 fine.
• First-degree felony – Severe injury with a deadly weapon; up to 99 years in prison and a $10,000 fine.

Beyond those penalties, there are also consequences like damage to your reputation and possible complications regarding your job and your relationships. Just being accused can turn your life upside down.

So, what can a defense attorney actually do?

A whole lot. An experienced criminal defense attorney in Texas can:

• Review the evidence and challenge anything weak or inconsistent
• Investigate the scene, interview witnesses, and uncover anything the state missed
• Argue for reduced or dismissed charges if the case is flimsy
• File motions to suppress unlawfully obtained evidence
• Represent you at trial and poke holes in the prosecution’s case to create reasonable doubt

Sometimes, we’re not just playing defense—we’re turning the tables. That might mean showing the accusation was false, made out of spite, or simply a misunderstanding blown out of proportion.

Bottom line: You’re not alone

Being charged with domestic violence doesn’t make you guilty. And it doesn’t mean your life is over. What it does mean is that it’s time to take your defense seriously and fight back the right way—with an experienced Texas criminal defense lawyer who knows how to challenge weak evidence and hold the state to its burden. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we’re here to listen without judgment, explain your rights clearly, and fight to protect your future. Reach out to us today for a confidential consultation.