Charged With Sexual Assault of a Spouse? Talk to a Criminal Defense Lawyer Before You Respond

A sexual assault of a spouse charge in Texas is serious, and the first steps you take matter most. A sexual assault of a spouse charge defense lawyer in Texas can review what you received before you speak with police. This page explains the charge, what a defense covers and how to protect your career, home and family. Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas.

What Is a Sexual Assault of a Spouse Charge in Texas?

A sexual assault of a spouse charge is a sexual assault allegation in which the alleged victim is the accused person’s spouse. Texas defines sexual assault in Penal Code § 22.011. Penal Code § 22.011 defines “spouse” as a person who is legally married to another.

Texas Penal Code section 22.011 is the statute that defines sexual assault. The child-victim provision of the Texas sexual assault statute applies regardless of whether the person knows the age of the child at the time of the offense, and “child” means a person younger than 17 years of age (Texas Penal Code sexual assault provision). Texas Penal Code § 22.011, the sexual assault statute, does not write its own definition of “consent”; it adopts the definition found in Section 1.07.

Allegations between spouses can surface during a separation, a divorce or the filing of a protective order. That timing can shape how the case unfolds. The charge can also overlap with family violence. Family Code § 71.004 defines family violence to include certain acts by a family or household member, including sexual assault.

This page is written for the married professional who has just received a detective’s call, a protective order, a warrant or a grand jury notice. You may be asking whether the charge is real, what happens next and what to do today. Those are the right questions to ask.

What Does a Sexual Assault Defense Cover?

A defense covers the allegation, the evidence and every court step from the first call through trial. Our defense work includes these parts:

• Review of the charging papers, the probable cause affidavit and the allegations against you.
• Investigation of texts, call logs, medical records, photos, recordings and witness statements.
• Analysis of consent and the statutory definitions, applied to the facts of your case.
• Advice on contact with police and prosecutors, including what to say and what not to say.
• Handling of bond conditions, no-contact terms and protective order hearings.
• Representation before a grand jury, in plea negotiations and at trial in Collin County, Dallas County or any other Texas county where the case is filed.

Consent can be central in these cases. We review what the statute requires, then apply those definitions to the facts you give us and the evidence the state has.

Bond terms carry their own risk. A person may be charged under Penal Code § 25.07 if the person knowingly or intentionally engages in specific conduct listed in the statute in violation of a qualifying order, such as a protective order under Chapter 85, Family Code, or in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community. The listed conduct includes certain prohibited communications, going to or near places specifically described in the order or condition of bond, possessing a firearm, and harming, threatening, or interfering with the care, custody, or control of a protected person’s pet, companion animal, or assistance animal. Knowing those terms early helps you avoid a new charge while the first one is pending.

What Should You Do When a Detective Calls or a Protective Order Is Served?

Don’t give a statement or discuss the allegation until you have spoken with a criminal defense lawyer. Talking first feels natural, but early words can be repeated later. Use these steps in the meantime:

• Keep copies of any protective order, warrant, bond paperwork or notice. Bring them to your consultation.
• Write a private timeline of events for your lawyer only. Don’t share it with colleagues, friends or family.
• Preserve your phone, email, social media and messages. Don’t delete anything.
• Don’t contact the other person about the allegation. Check any order’s terms with your lawyer first.
• Tell your lawyer before you answer any request for an interview or a voluntary appointment.

A protective order is a court document. Read every term closely, including any that touch your home, your children or your phone.

How Does the Process Work, Step by Step?

The process starts with your first contact and moves through six steps. Each step is explained before the next one begins.

1. First contact. You describe what you received and when you received it.
2. Free initial consultation. It is confidential and carries no obligation to continue. We review the allegation and your documents.
3. Immediate steps. We address police contact, bond terms and any protective order.
4. Investigation. We review the state’s file alongside your records.
5. Grand jury and pretrial. If the case goes to a grand jury, we prepare you for that step, then move to arraignment and pretrial proceedings.
6. Negotiations and trial preparation. Each decision is explained to you before it is made.

Court schedules differ by county and by each court’s docket. We will tell you what to expect as the case moves.

How Could This Affect My Career, Home and Family?

A charge can reach your job, license, home and family at the same time. Each area needs its own plan. We review those effects with you at the first meeting.

• Protective orders. In a protective order, the court may prohibit the person found to have committed family violence from communicating in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party’s attorney or a person appointed by the court, if the court finds good cause. Contact made through the party’s attorney is an exception to the rule.
• Length. If an order states no end date, it generally lasts until its second anniversary. If the respondent is charged with a family violence offense under Title 5, Penal Code, or an offense under Section 25.11, Penal Code, it lasts until the second anniversary of the final disposition of the criminal case (Family Code § 85.025).
• Firearms and licenses. Family Code § 85.025 sets how long a protective order lasts and does not address firearms; see Family Code § 85.022 for the conduct limits a court may impose and the handgun license suspension. For a person found to have committed family violence, the court must suspend a handgun license (Family Code § 85.022).
• Registration. Sexual assault is listed among offenses covered by sex offender registration (Code of Criminal Procedure art. 62.001). How long a duty lasts depends on the offense and the outcome (Code of Criminal Procedure art. 62.101).
• Work and family. Arrests and warrants can happen at work. We coordinate with you on how contact with law enforcement happens. We also help you plan how to talk with family and colleagues, so you don’t learn of the case from someone else.

Who Handles Your Case at Barbieri Law Firm?

Barbieri Law Firm is an all-women criminal defense firm in Frisco, Texas. It defends professionals accused of sex crimes and assaultive offenses across Collin County, Dallas-Fort Worth and Texas.

Heather Jean Barbieri, Board Certified, Criminal Law — Texas Board of Legal Specialization, leads the firm. She leads the firm’s criminal defense work. The firm’s lawyers include Heather Barbieri and Carrie Thomas, and our office staff supports them.

Our practice areas include sex crimes defense, aggravated sexual assault defense, child sex crimes defense, online sex crimes defense, aggravated assault defense and family violence defense. The first consultation is free, confidential and carries no obligation to continue.

Frequently Asked Questions

Here are short answers to common questions about this charge.

Should You Talk to a Lawyer Before You Respond?

Talk with a sexual assault of a spouse charge defense lawyer in Texas before you answer police questions or respond to a protective order. If a detective has called, a protective order was served or a warrant was issued, reach out to us. Send your case details or call (972) 424-1902 for a free, confidential initial consultation with no obligation to continue. No lawyer can predict or assure an outcome, but we will review what you received and explain your options.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.