False Allegations in Texas Family Violence or Child Abuse Cases

 Posted on December 16, 2025 in Family & Domestic Violence

Being falsely accused of family violence can turn your whole life upside down in an instant. If you live in Texas and have been accused of this serious crime, you must understand how these accusations are investigated. What you do now can make the difference between protecting your rights and facing devastating consequences that follow you for years.

Texas Advocacy Project cites the statistic that one in three Texans will experience domestic violence in their lifetime. As serious as this problem is, false accusations of domestic violence are just as serious. They can threaten your ability to stay in your home and see your kids. 

If someone falsely accuses you of family violence or child abuse in 2026, the most important step is to stay calm. Don’t contact or try to argue with your accuser. Call a San Marcos criminal defense attorney before talking to the police. 

What Should You Do if Someone Falsely Accuses You of Domestic Violence?

The moments after learning about an accusation are critical. Do not contact the person who accused you, even to defend yourself or clear up a misunderstanding. Any contact can be used against you or lead to additional charges for violating an emergency protective order under Texas Code of Criminal Procedure Article 17.292.

Do not talk about the accusations on social media or with anyone except your attorney. Anything you say can be twisted and used as evidence against you.

Write down everything you can remember about the incident and keep evidence. Include: 

• Dates, times, and locations

• Whether any witnesses were present

• Any text messages, emails, or calls that support your version of events

• Any physical evidence such as photographs, security camera footage, etc. 

How Do Police Determine the Primary Aggressor in a Texas Family Violence Call?

Sometimes both people are equally to blame in family violence cases. But Texas police are trained to find what they call the "primary aggressor" instead of arresting both parties. Under Texas Code of Criminal Procedure Article 14.03, officers can arrest you without a warrant when they have probable cause to believe family violence has occurred.

Officers consider several factors when making this determination. They look at:

• Who initiated the physical contact

• The severity of injuries to each of you

• Any history of family violence

• Whether either of you says you acted in self-defense

• Whether there are signs of a struggle

Officers also look at the demeanor and statements of each party and talk to any witnesses or children who may have seen what happened. Their assessments are not always accurate, particularly when one party is more emotional or better at telling their version of events.

How Is Evidence Evaluated in He-Said She-Said Domestic Violence Cases?

Many family violence and child abuse cases come down to conflicting statements with little or no evidence. Police only have to make a decision at the moment about who to arrest. But if charges are brought against you, prosecutors and judges have to figure out who is telling the truth. 

Physical evidence is very important in these cases. But assault or family violence can be charged even without visible injuries if bodily injury or offensive physical contact occurred.

A jury will try to evaluate your credibility by looking at whether your statements are consistent over time. If there is evidence that supports either your version or the accuser’s version of events, the jury and judge will hear it. This might include witness testimony, the presence or absence of injuries, and medical records.

If you might have a motive to lie, such as custody or divorce proceedings, you can be sure the prosecution will bring this up. Your attorney can question the prosecution’s evidence and arguments, and it may be helpful to point out that the person accusing you also has a motive to lie. Your exact defense will depend on the specifics of your situation. 

It is very important for you to be totally honest with your attorney and not cover things up to make yourself look better. You have the best chance of beating the charges when your lawyer knows all the facts.  

Contact a Decatur, TX Criminal Defense Lawyer for False Accusations of Domestic Violence

False allegations of family violence need aggressive legal representation. At Godwin Law Firm, PLLC, our attorney is a former highway patrolman and veteran. We understand that good people get stuck in tough situations and that accusations do not equal guilt. 

Do not face these serious charges alone. Contact a San Marcos criminal defense attorney at 940-255-0000 to schedule your free consultation.