Attorneys at Law Austin
Barton & Associates Austin
Barton & Associates is an Austin law firm that handles criminal defense, family law and personal injury cases for people in Travis, Williamson and Hays Counties. Our office is at 316 W. 12th Street, Suite 400, downtown, within walking distance of the Texas Capitol and the Travis County criminal courthouse at 509 W. 11th Street. We meet clients there by appointment.
If you were arrested, were served with divorce papers or were hurt in an accident, an Austin criminal defense attorney, an Austin family law attorney or an injury attorney in Austin from our team can review your situation, explain the deadlines ahead and tell you what we recommend. We read the records before we advise you, we tell you what we see and we prepare each file as one that may go to trial. Your first consultation is free. Call 512-THE-FIRM (843-3476) or send the form on this page.
The attorneys at Barton & Associates, Attorneys at Law, try cases. Gary J. Barton, who founded the firm, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, handled capital murder cases as a prosecutor and has tried more than 100 cases to a jury. Jim Erickson, a senior trial attorney in our Austin office, has practiced criminal defense in Texas courtrooms since 1985 and has tried more than 250 cases to a jury verdict in more than sixty Texas counties. Duane Graeff, our managing attorney, has practiced for more than twenty-six years in Texas state and federal courts and has worked as a law professor and published legal scholar alongside his trial work.
Trial attorneys George Manning and Mario Moreno and family law trial attorney Desirée Flye complete the group that appears in court with our clients. When you hire us, you will know which attorney is responsible for your case and who will speak for you at each hearing. You can meet the rest of the legal team, including the paralegals and staff who keep each file on schedule.
A person who calls a law office after an arrest, a filing or an injury usually wants to know one thing: what is realistic? Our job is to answer that honestly. We tell you what the records show, including the weak points, we lay out your options and we say what we recommend. The decision to settle, plead or go to trial is yours, and we prepare each case so that every one of those choices stays open to you.
You do not have to take our word for it. Past clients describe their experience on our Google reviews page, and our case results page shows how earlier matters were resolved. Each result turned on its own facts, and none predicts the outcome in yours.
Clients come to our Austin office from Austin and nearby communities, including Round Rock, Cedar Park, Georgetown, Pflugerville, Lakeway, Bee Cave, Manor, Bastrop, Kyle and Buda. Call 512-THE-FIRM (843-3476) any day of the week or send the consultation form to schedule your free consultation.
Our Austin law office meets with clients by appointment. It is at 316 W. 12th Street, Suite 400, downtown, a short walk from the Texas Capitol and the Travis County criminal courthouse. Get directions to our Austin office, then call 512-THE-FIRM (843-3476) or send the form to set a time.
316 W 12th St Suite 400, Austin, TX 78701
512-THE-FIRM (843-3476)
Info@BartonLawOffice.com
4.9 Excellent Rating
Serving Austin & Travis County Since 2001
Family cases in Travis County are heard in the district courts at the civil and family courts facility on Guadalupe Street, and the judge, the court’s standing orders and the pace of the docket all affect how a case moves. Our attorneys guide clients from the first filing and temporary orders through the final decree and any later enforcement.
A divorce petition starts a waiting period. Under Family Code Section 6.702, a court may not grant a divorce before the 60th day after the suit is filed, and an exception applies in some family violence cases. To file in Travis County, one spouse must have been a Texas domiciliary for six months and a resident of the county for 90 days (Section 6.301). Our Austin divorce attorney team handles contested and agreed divorces. Spouses who want to settle can use mediation, and our divorce mediation lawyer in Austin page explains how it works.
When children are involved, the court decides conservatorship, possession and child support based on the child’s best interest. Texas law starts from the presumption that naming both parents joint managing conservators is in the child’s best interest, but one parent usually receives the right to decide where the child lives, and the order must either set a geographic area for that residence or state that none applies (Section 153.134). Our Austin child custody lawyer team files and defends original custody suits, emergency requests and modifications, and our Austin child support lawyer page explains how support is set and enforced.
Texas is a community property state. Property either spouse acquires during the marriage is presumed to be community property, and the court divides the community estate in a way that is just and right. Property a spouse owned before the marriage, or received by gift or inheritance, stays separate, but the spouse who claims it must prove it by clear and convincing evidence. A house bought before the wedding, a business started during the marriage or a retirement account that grew on both sides of the wedding date can each raise hard questions. Our property division lawyer in Austin page covers homes, retirement accounts, business interests and debts.
Orders do not always stay right. When a parent’s income, job or household changes, you may need to modify custody, possession or support, and when an ex-spouse ignores an order you may need to enforce it. Our divorce modification lawyer in Austin page covers both. Couples planning a marriage can also set terms in advance, and our Austin prenuptial agreement lawyer page explains what a premarital agreement can do.
Not every family matter is a divorce. When an adult can no longer make safe decisions about health or money, a court may appoint a guardian only after finding, by clear and convincing evidence, that the person is incapacitated and that a guardian is in the person’s best interest, and that alternatives to guardianship would not avoid the need (Estates Code Section 1101.101). Our guardianship attorney in Austin page explains the process and the alternatives.
We serve families throughout Travis, Williamson and Hays Counties. Call 512-THE-FIRM (843-3476) or send the online form to schedule a free consultation.
An arrest in Austin sets a fast schedule. A person arrested without a warrant must be taken before a magistrate no later than 48 hours after arrest (Code of Criminal Procedure Article 15.17), and that hearing sets bond and the conditions of release. The Travis County criminal courthouse is the Blackwell-Thurman Criminal Justice Center at 509 W. 11th Street. What you say and do in the first days can shape the rest of the case, so call a lawyer before you give a statement.
A DWI arrest starts two proceedings: the criminal case and a separate license case with the Texas Department of Public Safety. A request for an administrative license revocation hearing must be made no later than the 15th day after you receive notice of suspension (Transportation Code Section 524.031). Our DWI lawyer in Austin page covers first offenses, felony DWI, intoxication assault and the license side of the case.
Drug cases turn on the substance, the amount and how the police found it. Our drug possession attorney in Austin page covers possession, delivery and prescription cases, including the enhanced penalties that can apply near schools, youth centers and playgrounds. Assault ranges from a Class A misdemeanor for causing bodily injury to a third-degree felony in some situations, such as a prior family violence conviction or impeding someone’s breathing (Penal Code Section 22.01), and our page on assault charges in Austin explains the stages. When the allegation involves a spouse or partner, bond conditions can keep you out of your own home, and our Austin domestic violence attorney page addresses that.
A Class A misdemeanor carries up to a year in jail and a fine of up to $4,000 (Penal Code Section 12.21), and even a lesser conviction can cost a job or a license. Our misdemeanor lawyer in Austin page covers the charges filed most often. For more serious allegations, our pages cover indictments through an Austin felony attorney, firearm cases through a weapons charges attorney in Austin and sexual offense allegations through a sex crimes attorney in Austin.
A person on probation can face a motion to revoke or to adjudicate after a missed report or a new arrest, and our Austin probation lawyer page explains what that hearing involves. Service members, professionals and students face consequences beyond the courtroom, and our military defense lawyer in Austin page covers those.
A criminal case affects more than the outcome in court. We negotiate with prosecutors when a plea serves your interests, and we take the case to trial when it does not. Call 512-THE-FIRM (843-3476) for a confidential, no-obligation consultation.
An insurance company starts building its position soon after a crash. In Texas, most injury suits must be filed within two years of the injury (Civil Practice and Remedies Code Section 16.003), and a claim against a government agency can carry a notice deadline much shorter than that. Talking with a lawyer before you give a recorded statement or sign a release protects your options.
A crash on I-35, MoPac or US-183 can leave a driver with injuries that take months to treat. Our car accident lawyer in Austin page covers collision claims, and we also handle 18-wheeler accidents, motorcycle accidents, Uber and Lyft accidents and pedestrian and bicycle accidents. We gather the crash report, medical records and bills, look for video and vehicle data and, where the facts call for it, consult accident reconstruction experts before a settlement demand is made. Surveillance video can be overwritten within days, so we send preservation requests early.
Some injuries change a life. A traumatic brain injury can affect memory, mood and the ability to work, and a spinal cord injury can mean lifelong care. Our catastrophic injury lawyer in Austin page explains how future medical needs and lost earning capacity are documented before a claim is valued, because a signed release usually ends the claim.
Texas lets private employers choose whether to carry workers’ compensation (Labor Code Section 406.002), and whether an injured worker can sue depends in part on that choice. Our Austin construction accident attorney page covers jobsite injuries and claims against outside companies. A property owner can also be responsible when a hazard it knew about, or should have found, hurts a visitor, and we handle premises liability claims after falls, inadequate security and unsafe conditions.
When a family loses someone because of another party’s conduct, a wrongful death suit must generally be filed within two years of the death (Section 16.003), and Section 71.004 limits who may bring it. Our wrongful death claims page explains who may sue and what the law allows a family to recover. Claims against a city, county or state agency follow special notice rules, which our government claims lawyer in Austin page covers. Our Austin toxic exposure attorney and wrongful termination lawyer in Austin pages cover illness from chemical exposure and firings that break the law.
Call 512-THE-FIRM (843-3476) or send the online form to talk through what happened. The consultation is free and confidential.
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Contact Barton & Associates in Austin for a free, confidential consultation about your legal matter. Complete this form to schedule a consultation, or call 512-THE-FIRM (843-3476) to ask about attorney availability for a phone consultation.
It helps if you tell us what happened, whether a court date or deadline is coming up and the best time to reach you.
We are selective about the cases we accept because we treat our clients like family, with respect, dignity and unwavering commitment. In return, we expect the same courtesy. We do not tolerate rudeness toward our staff, and we will withdraw representation from any client who exhibits inappropriate behavior, dishonesty or attempts to mislead our team.
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Family Law & Criminal Defense Blog Austin
FAQ Criminal Defense, Divorce & Injury
Yes. Our Austin office at 316 W. 12th Street, Suite 400, meets with clients by appointment, which lets the attorney set aside time for you and review your records beforehand. Bring any paperwork you have, such as a charging document, a divorce petition, medical bills or photographs of the scene. Call 512-THE-FIRM (843-3476) any day of the week or send the consultation form, and the first consultation is free. If an arrest, a hospital stay or work keeps you from traveling, tell us when you call and we can discuss a phone consultation. The office is downtown, a short walk from the Texas Capitol and the Travis County criminal courthouse at 509 W. 11th Street.
It is both. Barton & Associates has handled criminal defense, family law and personal injury cases in Texas for more than twenty years and also has offices in San Antonio and Corpus Christi. The Austin office is where we meet Travis County clients, and our trial attorneys appear in Travis County courts. Jim Erickson, a senior trial attorney in our Austin office, has tried more than 250 cases to a jury verdict, and Duane Graeff, our managing attorney, has practiced for more than twenty-six years in Texas state and federal courts. You will know which attorney is responsible for your case and who will appear for you.
We handle criminal defense, family law and personal injury cases. Criminal cases include DWI, drug, assault, weapon and sex offense charges, felonies and probation violations, along with clearing a record through expunction and record sealing. Family cases include divorce, custody, support, property division, mediation, premarital agreements, modification and guardianship. Injury cases include car, truck and motorcycle crashes, workplace and premises injuries, wrongful death and claims against government entities. If your matter falls outside those areas, such as an adoption, we will tell you at the start so that you do not lose time looking for the right lawyer. At the consultation we listen, review what you brought and tell you what we would do first.
Start with the license deadline. A request for an administrative license revocation hearing must be made no later than the 15th day after you receive notice of suspension (Transportation Code Section 524.031), and without one the suspension takes effect on the 40th day after notice (Section 524.021), whatever happens in the criminal case. Our ALR hearing guide for Travis County explains the steps. Do not give a recorded statement or post about the arrest, and ask about your bond conditions, which can include ignition interlock or alcohol monitoring and are easier to change early. A first-offense DWI is usually a misdemeanor, but a child passenger, prior convictions or an injury can raise the charge.
Misdemeanors are heard in the county courts at law, and felonies are heard in the criminal district courts, which the county currently lists as the 147th, 167th, 299th, 331st, 390th, 403rd, 427th, 450th and 460th. The criminal courts sit at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street. It can matter which court you are in because judges differ in how they run a docket, set deadlines and take up motions, and a lawyer who appears in these courts regularly knows those habits. Your court assignment also tells you where to appear and whose procedures govern your hearings. Our guide to the felony district courts in Travis County goes into more detail.
A personal bond releases a defendant on a promise to appear, without paying a bondsman, while a surety bond requires a payment or a bondsman’s promise to pay. Which one applies depends on the charge, your record and what the magistrate finds, and a judge can add conditions such as reporting or a curfew. If you learn that a warrant has been issued, call a lawyer before you go to the jail. An attorney can often arrange a planned surrender and prepare a bond request, which is usually better than being arrested at work or during a traffic stop. Do not ignore a warrant, because it does not expire and a stop for any reason can lead to an arrest.
Assault that causes bodily injury is a Class A misdemeanor, and it becomes a third-degree felony in some situations, including a prior family violence conviction or impeding someone’s breathing or circulation (Penal Code Section 22.01). Bond conditions often bar contact with the person named in the complaint, and that can include staying away from a shared home. An affidavit from the complaining witness does not end the case, because the prosecutor decides whether to proceed. A family violence charge can also affect custody and a protective order case at the same time. Our page on assault and family violence charges explains each stage.
The charge depends on the substance, the amount and whether the evidence was lawfully found, and many drug cases turn on the stop or the search. Under Health and Safety Code Section 481.134, penalties can increase when an offense happens within 1,000 feet of a school, a youth center or a playground, and the statute sets shorter distances for places such as public swimming pools. In a dense city, that distance can reach more addresses than people expect. We start with the stop, the search and the lab report. Read more about drug-free zone enhancements or the charge of possession of a controlled substance.
The effect can reach beyond the courtroom. Some employment agreements require employees to report an arrest or charge, and people who hold a security clearance may have to report it to their security office under the clearance rules. A conviction, and in some cases a deferred adjudication, can lead to discipline or loss of a professional license issued by a state board. Early involvement by a lawyer gives more options to protect your standing while the case is defended, and it helps to tell us at the first consultation about any reporting duty in your employment agreement or license rules. Our page on security clearance defense covers clearance holders, and our Texas nondisclosure guide explains when a record may later be sealed.
A court may not grant a divorce before the 60th day after the suit is filed (Family Code Section 6.702), and an uncontested case can finish soon after that. A contested case takes longer, often many months, depending on the financial issues, whether children are involved and how quickly each side produces records. To file in Travis County, one spouse must have lived in Texas for six months and in the county for 90 days (Section 6.301). The same six-month and 90-day rules apply when the suit is filed in Williamson or Hays County, measured against the county where it is filed. Our guide to divorce timelines in Travis County walks through the stages.
Start with when and how the home was bought. A house bought before the marriage with separate funds can stay separate property even if community income paid the mortgage, but the community may have a claim for reimbursement under Family Code Section 3.402 for payments that reduced the separate debt. A house bought during the marriage is presumed to be community property whoever is named on the deed. When there is significant equity, the court or the spouses must decide whether one spouse buys out the other, the home is sold or a sale is delayed. Read how community and separate property are sorted and how the marital home is divided.
It depends on the custody order. Texas law requires a joint managing conservatorship order to set a geographic area where the child’s primary residence must stay, or to state that no restriction applies (Family Code Section 153.134). If the order sets a restriction and a parent wants to move outside it, the parent generally needs the other parent’s agreement or a court order that changes the restriction, and the court looks at the child’s best interest. Moving without permission can lead to enforcement proceedings and a change in custody. Our articles on parental relocation in Austin and on modifying a custody order in Travis County cover both sides of the question.
A guardianship is a court process for an adult who can no longer make safe decisions about health care, housing or money. The court must find by clear and convincing evidence that the person is incapacitated, that a guardian is in the person’s best interest and that alternatives to guardianship would not avoid the need (Estates Code Section 1101.101). In Travis County these cases are filed in the probate court. Before filing, families often consider less restrictive options, such as a power of attorney or supports and services, because a guardianship limits the person’s rights. A lawyer can explain which route fits the person’s condition and the family’s situation. If someone you love needs help now, call us so we can tell you what to gather first, such as medical records and a recent physician’s evaluation.
Get medical care, because some injuries show up a day or two later, and photograph the scene and your injuries before they change. Most Texas injury suits must be filed within two years (Civil Practice and Remedies Code Section 16.003), and a claim against a government agency can carry a much shorter notice deadline. Texas also reduces or bars recovery when the injured person is mostly at fault, with no recovery if the person’s responsibility is greater than 50 percent (Section 33.001). Do not give a recorded statement to an insurer before you speak with a lawyer. Our guide to injury claim filing deadlines and our settlement estimator are good starting points.
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316 W 12th St Suite 400, Austin, TX 78701
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