Do You Know How to Take a Domestic Violence Case to Court?
- Garcia- Windsor P.C.
- May 27
- 4 min read
Updated: Jun 6
May 27, 2025
The recent explosion of headlines surrounding Sean “Diddy” Combs has stirred intense public interest and deep concern. From accusations of sex trafficking and criminal conspiracy to shocking allegations of domestic violence, the story is not just tabloid fodder and it’s a reminder of how abuse can hide in plain sight, often for years, regardless of status, fame, or wealth. For many, the hotel surveillance video that surfaced in May 2024 showing Diddy physically assaulting his then-girlfriend Cassie Ventura was a turning point. It served as painful confirmation of what she had long alleged: years of coercive control, abuse, and psychological trauma. While the media focuses on celebrity scandal, a more pressing question lingers for everyday people: What if it were me? How would I bring someone to court for domestic violence?
If you're experiencing domestic abuse or helping someone who is, this article will walk you through exactly how to take a domestic violence case to court in Texas, what evidence matters, and why the legal system, while sometimes daunting, can be a powerful ally in the pursuit of justice.
Understanding the Context: Why the Diddy Case Matters
Sean Combs' case is more than another celebrity scandal; it’s a textbook example of how domestic abuse operates in the shadows. According to Cassie Ventura's November 2023 lawsuit, Diddy allegedly engaged in years of manipulation, surveillance, physical abuse, and coercive control. Though that lawsuit was swiftly settled, when the 2016 security footage emerged in 2024, it reignited scrutiny and empowered other alleged victims to speak out. By early 2025, federal agents had raided Combs’ properties and placed him under arrest.
What makes this case pivotal is its illustration of how abusers may use money, influence, or intimidation to silence victims. It underscores the need for a strong legal strategy when stepping into a courtroom, even if the accused isn’t a celebrity.
Step-by-Step: How to Take a Domestic Violence Case to Court in Texas
1. Recognize What Qualifies as Domestic Violence
Under the Texas Family Code § 71.004, domestic violence includes:
Physical harm, bodily injury, assault, or sexual assault;
A threat that reasonably places a person in fear of imminent harm;
Abuse involving a dating relationship or family/household member.
Coercive control, emotional manipulation, and surveillance (like those described in the Diddy case) can also play a role in building a pattern of abuse even if they don't initially seem "violent."
2. Gather and Preserve Evidence
Evidence is the backbone of any domestic violence case. The 2016 hotel surveillance footage in Diddy’s case was a smoking gun, but most victims don’t have such clear-cut evidence. However, there are many forms of proof that Texas courts consider valid:
Photos of injuries
Medical records or hospital visits
Police reports or 911 call logs
Witness statements
Text messages, voicemails, or emails with threats
Journals documenting incidents
Surveillance footage (home cameras, hotel security)
It’s crucial to store this evidence safely. Apps like DocuSAFE can help survivors store documentation securely.
3. File for a Protective Order
In Texas, the first legal step is often filing for a Protective Order. This can:
Prevent the abuser from contacting or approaching you
Award temporary custody of children
Remove the abuser from a shared residence
Per Texas Family Code Chapter 85, these orders can be temporary (lasting 20 days) or final (up to two years or more depending on the case). You do not need to press criminal charges first to request one — it's a civil matter.
4. Decide Between Civil and Criminal Action
Civil cases (like restraining orders or lawsuits for damages) and criminal cases (where the abuser may be arrested or prosecuted) operate separately but can support each other. For example, Cassie Ventura’s initial lawsuit was civil; Diddy’s arrest came from a later criminal investigation.
In Texas, the District Attorney may press charges even if the victim doesn’t file — especially when there is strong evidence (as seen in the Diddy case). But it’s always helpful to cooperate with authorities, submit your evidence, and testify if you feel safe to do so.
5. Prepare for Court
Working with an experienced attorney can help you prepare your case, gather witnesses, and present your story powerfully. The court considers:
The credibility of your evidence
Consistency of your story
Prior reports or incidents
Risk to children or others in the household
The right lawyer will not only explain each step clearly but will also advocate fiercely for your safety and justice.
Why Legal Help Matters Even More Than You Think
The power imbalance highlighted in the Diddy Combs domestic violence case shows why strong legal advocacy is essential. Victims often face manipulation, gaslighting, and threats. Without proper representation, their voices can be drowned out by wealth, fame, or legal intimidation. In Texas, navigating protective orders, family law courts, or even custody battles linked to domestic abuse is not something anyone should do alone.
Ready to Take the First Step?
At GarciaWindsor, we’ve seen firsthand how domestic abuse doesn’t discriminate, it can happen to anyone. If you’ve wondered, Could I take someone to court for DV?, the answer is: Yes, and you don’t have to do it alone.
Our Dallas-based family law attorneys specialize in domestic violence cases, offering confidential consultations, compassionate counsel, and aggressive courtroom representation. We know the system. We know your rights. And we’re here to help you reclaim your voice, your peace, and your power.
