Austin Domestic Violence Attorney: Assault Family Violence Defense in Travis County

A domestic violence accusation can change your life before any court has heard a word of evidence. After an arrest you may be told to stay out of your own home, to have no contact with someone you live with, or to give up your firearms. A conviction can bring jail or probation, a record that follows you, and consequences for your job, your license, your gun rights and your time with your children. Barton & Associates defends people charged with domestic violence offenses in Travis County, from a first misdemeanor accusation to a felony family violence charge.

This work is part of the practice of our Austin criminal defense attorney team. This page explains how Texas defines these charges, how a case moves through the Travis County courts, what protective orders do and how a defense is built.

What Counts as Domestic Violence Under Texas Law

Texas has no single crime called domestic violence. The term describes a group of offenses, most often assault, in which the person accused and the complaining witness are in a protected relationship. The usual charge is assault under Penal Code Section 22.01 with a finding of family violence, which prosecutors and courts call assault family violence. Our article on family violence enhancements in Austin walks through how a prior case or a certain kind of injury can raise a charge.

The relationship can be any of these:

• Family. People related by blood or marriage, including spouses, former spouses, parents, children and siblings.
• Household. People who live together now or lived together in the past.
• Dating. People who are or were in a dating relationship.

Whether the relationship fits the statute is something the State has to prove, and it can decide whether a federal firearm prohibition applies later.

How Texas Grades Domestic Violence Charges

The same conduct can be charged at very different levels, and the facts decide which one. These are the common tiers:

• Class C misdemeanor. Threatening someone with imminent bodily injury, or causing physical contact the other person would find offensive, is a Class C offense under Section 22.01(a)(2) and (a)(3). It is punished by a fine and carries no jail time.
• Class A misdemeanor. Intentionally, knowingly or recklessly causing bodily injury is a Class A misdemeanor. This is the most common domestic violence charge. The punishment is up to one year in jail and a fine of up to $4,000.
• Third-degree felony. A bodily injury assault against a family or household member becomes a third-degree felony when the person has a qualifying prior conviction against a family or household member, or when the offense involved impeding the other person’s breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth. Assault against a person the accused knew was pregnant is also a third-degree felony, as is continuous violence against the family, which means two or more assaults against a family member, household member or dating partner within 12 months (Section 25.11).
• Second-degree felony. An impeding-breath assault by a person who also has a qualifying prior conviction is a second-degree felony. So is aggravated assault, which involves serious bodily injury or a deadly weapon, and it becomes a first-degree felony when a deadly weapon is used and serious bodily injury is caused to a family member, household member or dating partner.

A third-degree felony carries two to ten years in prison and a fine of up to $10,000, a second-degree felony carries two to twenty years, and a first-degree felony carries five to ninety-nine years or life. Violating a protective order and interfering with an emergency call for help are separate offenses with their own statutes. Our misdemeanor lawyer in Austin page explains the three misdemeanor classes. A felony charge calls for an Austin felony attorney from the start, because the case moves to the district court and the stakes change, and our page on aggravated assault charges covers the most serious end of this range.

How a Domestic Violence Case Moves Through the Travis County Courts

Many cases begin with a 911 call and an arrest. Soon after, a magistrate sets bond and the conditions of release. In a family violence case the conditions commonly include no contact with the complaining witness, staying away from the home and giving up firearms. A magistrate can also issue an emergency protective order at that first hearing. Our article on what happens at an arraignment describes the next stage, where you enter a plea.

The Travis County Attorney prosecutes misdemeanor cases filed in the county, and the office has a family violence section and a protective order division. Class A and Class B misdemeanors are heard in the Travis County criminal courts at law, and one of those courts is designated as a family violence court. Felony cases are handled by the Travis County District Attorney’s Office and heard in the district courts. After arraignment come the exchange of evidence, pretrial motions, negotiations and, if the case does not resolve, a trial. Our criminal case timeline shows each stage.

The person who called the police does not control the case. Once charges are filed, the prosecutor decides whether to go forward, whatever the complaining witness now wants.

Protective Orders and What Happens If You Violate One

A protective order is a court order that limits contact between two people. In a domestic violence case there are usually three stages:

• An emergency protective order. A magistrate can issue this at the first appearance after an arrest, before you have had a chance to be heard.
• A temporary ex parte order. A civil court can enter this after a request from the other person, sometimes before you have been served or have had a chance to respond.
• A final protective order. The court enters this after a hearing. If the order does not state a length, it lasts until the second anniversary of the date it was issued. A longer order is possible in certain cases, such as when the court finds that the person committed a felony involving family violence or caused serious bodily injury.

An order can bar contact, require you to leave a shared home, set temporary arrangements for children and prohibit firearms. Violating it is a crime. Under Penal Code Section 25.07, going near a protected person’s home or workplace, sending a threatening message, communicating when the order bars all contact or possessing a firearm in violation of an order is a Class A misdemeanor, and it can be charged as a felony after prior violations or when the violation involved an assault. A protected person’s consent does not change the order. You are entitled to a hearing on a final order, where the order can be contested or an agreed order with narrower terms can be negotiated. If you are already on probation and a violation is alleged, our Austin probation lawyer page explains that process.

Ways a Domestic Violence Charge Can Be Challenged

The State has to prove every element beyond a reasonable doubt. These are the questions we start with:

• Self-defense and defense of others. Texas law allows force in some situations, and in a domestic dispute both people may claim to have been protecting themselves. Once the evidence raises the issue, the State must disprove it beyond a reasonable doubt. Who started the confrontation and what each person did matter.
• The complaining witness’s account. In many cases the charge rests on one person’s statement. We look at inconsistencies, any motive to exaggerate, such as a pending divorce or custody dispute, and what the person said in messages, recordings and 911 calls.
• The injury and the relationship. A bodily injury charge requires physical pain, illness or impairment, and a family violence case requires a covered relationship. If the State cannot prove either element, the charge may fail or change.
• The scene and the police work. Police arrive after the fact, and a written report can contain mistakes or assumptions. The body-camera and 911 recordings can differ from it.
• The entry, the search and your statements. If officers entered a home without a lawful basis or questioned you in violation of your rights, a motion to suppress may be possible. Our article on motions to suppress in Texas explains how that works, and the guide to your rights during a police stop covers what to say and not say.

Whether any of these helps depends on the file. We read the offense report, request the recordings and review the statements before we discuss a plea, and we tell you honestly where the case is strong and where it is not.

Dismissal, Deferred Adjudication and Other Outcomes

A domestic violence case can end in a dismissal, an acquittal, a reduced charge, a plea or a conviction after trial. A dismissal can follow when the evidence is too thin, when a key witness cannot or will not testify, when the State cannot prove the relationship or the injury, or when a motion removes critical evidence. A complaining witness who recants does not end the case on its own, but it can weaken the State’s proof.

Deferred adjudication is another path in some cases. You plead, the judge defers a finding of guilt and places you on probation, and a successful completion ends in a dismissal. Our guide to deferred adjudication in Texas explains the rules and what happens if you do not finish the term. Before you accept one in a family violence case, ask how it is treated for firearm purposes and for any later charge. We do not assume that any diversion program is available in your case, and we do not promise an outcome.

Domestic Violence Convictions and Firearm Rights

Firearms are one of the most serious consequences. Federal law prohibits a person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition. Texas adds its own rule: a person convicted of a Class A misdemeanor assault against a family or household member commits an offense by possessing a firearm until the fifth anniversary of release from confinement or community supervision, whichever is later. A protective order can also carry a firearm prohibition while it is in force. Possessing a firearm when you are prohibited is its own charge, and our weapons charges attorney in Austin page covers those cases.

A plea that looks small on paper can therefore have a lasting effect. The wording of the charge, the relationship involved and how the case ends can all decide whether the federal prohibition applies, and we review that before we advise you on any offer.

Domestic Violence, Custody and Divorce

A family violence allegation can affect a custody case or a divorce even before the criminal case ends. Under Texas Family Code Section 153.004, when credible evidence shows a history or pattern of abuse, the court may not appoint a parent as a joint managing conservator, and there is a presumption against appointing that parent as sole managing conservator. The court can also restrict a parent’s access to a child, including limiting visits to supervised periods. A criminal case and a family court case are separate, but statements and findings in one can be used in the other.

If you are facing a family violence charge and a divorce or custody case at the same time, the two should be planned together. Barton & Associates has both an Austin divorce attorney team and an Austin child custody lawyer team, so the choices you make in one court can be weighed against the other.

Clearing a Domestic Violence Charge From Your Record

Texas has no automatic expungement, and a conviction is a public record. An expunction under Chapter 55A of the Code of Criminal Procedure can remove an arrest record when the statute’s conditions are met, which depends on how the case ended. An order of nondisclosure under Government Code Chapter 411 can limit public access to some records after a waiting period, but it has exceptions, and offenses involving family violence can face added limits. Neither necessarily removes a federal firearm prohibition. Our expunction guide for Chapter 55A and the nondisclosure guide for Chapter 411 explain each process.

Types of Domestic Violence Cases We Handle

Each of these has its own page with more detail on the statute, the defenses and what to do next.

• Assault family violence charges: bodily injury assault against a family member, household member or dating partner, usually a Class A misdemeanor.
• Felony family violence charges: assault raised to a felony by a prior conviction or by the nature of the injury.
• Impeding breath or circulation: pressure on the throat or neck, or blocking the nose or mouth, a third-degree felony.
• Assault on a pregnant person: an assault on someone the accused knew was pregnant.
• Assault on an elderly person: offenses against an older family member or household member.
• Violation of a protective order: contact, going near a protected person or other conduct an order forbids.
• Interference with an emergency call: blocking someone from calling for help or damaging a phone, a Class A misdemeanor.

Why Clients Choose Barton & Associates for Domestic Violence Defense in Austin

You should know who is handling your case. Our founding attorney, Gary J. Barton, 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. You can check any Texas lawyer’s license and board certification in the State Bar of Texas directory, and we encourage you to check ours.

• We treat the first days as critical. No-contact conditions, protective orders and bond terms are set early, and a mistake can create a second charge.
• We look at the whole file. The report, the 911 call, the video and the messages get a close read before any plea is discussed.
• We plan for the consequences outside the courtroom. Firearms, custody, a license or immigration status can matter more to you than the sentence, and they shape the strategy from the first meeting.
• We tell you what is realistic. We cannot promise an outcome in any case, and we will not ask you to choose a path before you understand the risks.

Our Austin office is at 316 W 12th Street, Suite 400, and we meet with clients there by appointment. You can get directions to our office before your visit. Bring the arrest paperwork, any protective order you were served, your court date and any messages, photographs or video that relate to the accusation, and do not delay the call if you do not have everything.

Frequently Asked Questions About Domestic Violence Charges in Austin and Travis County

What is considered domestic violence in Texas?

Texas does not have one domestic violence crime. The term covers offenses, most often assault, committed against a family member, a household member or a dating partner. The most common charge is assault causing bodily injury, which becomes an assault family violence case when the court makes a finding of family violence. Related offenses include impeding breathing or circulation, violating a protective order, interfering with an emergency call and continuous violence against the family.

Can the alleged victim drop the charges?

No. After charges are filed, the prosecutor decides whether the case goes forward, not the complaining witness. A person who now wants the case dismissed can tell the prosecutor so, and a witness who will not cooperate or who changes their account can make the State’s case harder to prove, but the State can still proceed with other evidence such as a 911 recording, photographs, body-camera video or officer testimony.

What is the difference between a Class C, Class A and felony charge?

The level depends on the conduct and the history. A threat or offensive physical contact is a Class C misdemeanor, a fine-only offense. Causing bodily injury is a Class A misdemeanor, which carries up to one year in jail and a fine of up to $4,000. A prior conviction against a family or household member, impeding breathing or circulation, an assault on a pregnant person or aggravated assault can make the charge a felony. The classification can change after the first filing, so ask your lawyer which charge the State actually filed.

What is the punishment for a domestic violence conviction?

It depends on the charge. A Class A misdemeanor can bring up to a year in jail and a $4,000 fine, and a felony can bring years in prison. Probation, also called community supervision, is possible in many cases and often comes with conditions such as a battering intervention program and no-contact terms. We do not predict a sentence before we have reviewed the file.

Can I go home or contact the other person after an arrest?

Do not assume you can. A magistrate commonly sets bond conditions in a family violence case, and those conditions can include no contact with the complaining witness and staying away from a shared home. An emergency protective order may be added. Violating bond conditions or a protective order in a family violence case can be a separate crime, even if the other person asks you to call or come over. Read your paperwork and ask your lawyer before you contact anyone about the case.

What is a protective order, and how long does it last?

A protective order is a court order that restricts contact and sometimes where you may live, who may have the children and whether you may possess firearms. A final order lasts until the second anniversary of the day it was issued if it does not state a length, and a longer order is possible in certain cases, such as after a felony involving family violence or serious bodily injury. You can ask for a hearing on the order, and an agreed order can sometimes narrow the terms. Because the details of each stage differ, bring every order you have received to the consultation.

Can I be charged for violating a protective order if the protected person contacted me first?

Yes, it is possible. The order binds the person it restrains, and a protected person’s invitation or consent does not cancel it. Responding to a call, accepting a visit or replying to a message can still lead to a charge under Penal Code Section 25.07, which is a Class A misdemeanor in most cases and can be a felony after prior violations or when an assault is involved. If the other person reaches out, do not respond, save the message and tell your lawyer.

Will I lose my right to own a gun?

A conviction can end it. Federal law prohibits a person convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, and Texas has a separate five-year restriction after a Class A misdemeanor assault against a family or household member. A protective order can also prohibit possession while it is in force. Whether a particular plea or deferred adjudication triggers the federal rule is a question to answer before you agree to it, so raise your firearms at the first meeting.

How does a domestic violence charge affect child custody?

It can affect it a great deal. Under Family Code Section 153.004, a court that sees credible evidence of a history or pattern of family violence may not appoint that parent as a joint managing conservator, and there is a presumption against naming that parent sole managing conservator. The court can also limit access to supervised visits. A custody ruling and a criminal case are separate proceedings, so what you say in one can be used in the other. Tell both your criminal defense lawyer and your family lawyer about both cases.

Can a domestic violence charge be dismissed?

Sometimes. Dismissals can follow when the stop or entry was unlawful, when the State cannot prove the injury or the relationship, when the evidence conflicts or when a key witness cannot testify. A prosecutor may also dismiss after reviewing evidence presented by the defense. We cannot promise a dismissal in any case. After we review the report and the recordings, we tell you where the case stands and what we recommend.

What is deferred adjudication, and does it keep the case off my record?

Deferred adjudication means you plead and the judge defers a finding of guilt while you complete a period of probation. If you finish it, the case is dismissed. The arrest and the case still appear in your record unless a court later grants an order of nondisclosure, and that order has limits, particularly for offenses involving family violence. A violation can lead to a conviction and sentencing. Because the treatment of a deferred adjudication can differ for firearm purposes, review the effect with your lawyer before you accept one.

What should I do and not do after a domestic violence arrest in Austin?

Follow every release condition. Do not contact the complaining witness directly or through other people, and do not post about the case. Save texts, photographs and call logs, and do not delete anything. Write down your account while you remember it and share it only with your lawyer. Do not discuss the facts with police or on a recorded jail call, and call a lawyer before your first court date, because early choices about pleas and evidence can be hard to undo.

Can a domestic violence charge affect my immigration status or professional license?

It can. A person who is not a U.S. citizen should tell the lawyer before entering any plea, because the wording of a plea and the outcome can carry immigration consequences that a short sentence does not suggest. Nurses, teachers, security officers and many other license holders may have reporting duties or face a board review after an arrest or conviction. Tell us about your status and your license at the first meeting, so the strategy accounts for them from the start.

Do I need a lawyer, and what does it cost?

A domestic violence charge can lead to jail, a record and loss of firearm rights, and the first days often shape the outcome. Cost depends on the charge, the work the case needs and whether it goes to trial, and no honest lawyer can give a total before reviewing the facts. We explain our fees at the free consultation so you can decide with the full picture. If you cannot afford a lawyer, the magistrate must tell you at your first appearance that you can request appointed counsel.

Talk With an Austin Domestic Violence Attorney About Your Case

A domestic violence accusation puts your freedom, your home and your family at risk, and the first decisions matter. Speak with an Austin criminal defense lawyer at Barton & Associates about the charge, the evidence and what to expect in the Travis County courts.

Call our Austin office at 512-THE-FIRM (843-3476) or complete the online Free Consultation form to schedule a confidential meeting. The office is at 316 W 12th Street, Suite 400, Austin, Texas 78701, and on-site consultations are by appointment only.

Main Category: Criminal Defense Austin
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)