How False Claims of Family Violence Are Investigated in Texas

 Posted on December 15, 2025 in Criminal Law

When you receive notice of a family violence allegation in Texas, law enforcement and prosecutors begin working immediately. They collect facts and evaluate what happened. The police will gather physical evidence, witness statements, digital records, and scene documentation.

Texas law enforcement agencies must follow set procedures when they respond to family violence cases. If you are facing an allegation that does not match what happened, a Dallas, TX family violence defense attorney can help you understand each step of the investigation.

What Evidence Do Investigators Look For in a Family Violence Case?

Police and prosecutors look at physical evidence, statements from everyone involved, and the overall condition of the scene to understand what happened. They also consider how Texas law defines family violence. For example, Texas Family Code Section 71.004 explains that certain acts involving threats and physical harm can qualify as family violence.

Common forms of evidence investigators look for include:

• Photos that show the scene or any physical injuries

• Statements from the people involved and any witnesses

• 911 recordings, text messages, and social media messages

• Signs of property disturbance or damage

Investigators compare these details with the legal standards for a criminal charge. For example, Texas Penal Code Section 22.01 explains assault. The law says assault can involve causing bodily injury, threatening someone with injury, or even making contact that a reasonable person would find offensive or provocative. Investigators look at whether the evidence matches what the statute requires.

Can Police Tell When Family Violence Claims Are False?

Police look for details that fit together. They compare statements with physical evidence, digital records, and the timeline of events. When something does not match, they may look deeper into the situation. This can include talking with more witnesses or asking for additional documents.

Officers do not decide at the beginning whether a claim is true or false. Their role is to gather information and understand the situation as clearly as possible. If something seems unclear or does not line up with the rest of the evidence, they make note of it. These observations help prosecutors decide what to do next.

Why Would Someone Make a False Family Violence Claim?

There are many reasons why someone’s stated version of what happened might not be accurate. Some common situations include:

• Misunderstanding what happened during a stressful or emotionally charged moment

• Feeling overwhelmed or confused and describing the situation inaccurately

• Relationship conflicts or breakups that lead to heightened emotions

• Disagreements about children, custody arrangements, or property division

• Attempts to gain an advantage in divorce or custody proceedings

• Retaliation after an argument or perceived wrong

Texas also has laws that deal with knowingly making false reports. Texas Penal Code Section 37.08 states that giving false information to a peace officer during an investigation is a criminal offense. It is usually a Class B misdemeanor. When investigators notice major differences between the evidence and what was reported, they consider whether this statute may apply.

What Happens When Evidence Does Not Support a Family Violence Allegation?

If the evidence does not support the allegation, prosecutors may decide not to file charges. Sometimes they ask for more information before making a final decision. If the available facts do not meet the legal standard for a charge, the case may be closed.

Even when the case does not move forward, protective orders or no-contact orders may still stay in place until the court changes them. These orders can affect where you live, how you communicate, and your daily routines. An attorney can help you request a modification, gather helpful information, and prepare for any hearings.

Talk to Our Tarrant County, TX Family Violence Defense Attorney Today

Attorney Michelle Poblenz has more than 25 years of legal experience and previously worked as a prosecutor for the Dallas County District Attorney's Office. This background gives her a clear understanding of how these cases are reviewed and what evidence matters most. To learn more about how she can help you, contact Law Office of Michelle Poblenz today at 469-845-3031 to schedule a consultation with a Dallas, TX family violence defense lawyer.