Travis County Family Violence Assault Defense

Under Tex. Penal Code §22.01, assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person. The offense becomes family violence under Tex. Family Code §71.004 when the alleged victim is a family member, household member, or current or former dating partner.

The family violence designation carries specific legal consequences beyond the underlying assault charge:

• A federal firearm prohibition under 18 U.S.C. §922(g)(9) after a qualifying misdemeanor family violence conviction; the court must also notify you that possessing a firearm or ammunition is unlawful (Tex. Code Crim. Proc. Art. 42.0131)
• Possible immigration consequences for non-citizens
• Assault causing bodily injury is a Class A misdemeanor, but it is a third-degree felony under §22.01(b)(2) if you were previously convicted of a qualifying offense against a family member, household member or dating partner, or if the offense involved impeding normal breathing or blood circulation (strangulation)
• Can affect child custody and access: a court must consider evidence of family violence when deciding conservatorship and possession (Tex. Family Code §153.004)
• If the court determines the offense involved family violence, it must enter an affirmative family violence finding in the judgment (Tex. Code Crim. Proc. Art. 42.013)

The Travis County District Attorney’s office states publicly that it assigns specially trained prosecutors to family violence cases. The decision to prosecute belongs to the State, not the alleged victim: only the attorney representing the State can dismiss a criminal case, and only with the court’s permission (Tex. Code Crim. Proc. Art. 32.02). The prosecutor evaluates each case on its own facts.

The prosecution may use evidence gathered independent of victim cooperation: body camera footage from responding officers, dispatch recordings, medical records, photographs taken at the scene, prior calls to the address on APD record, and statements from any person present.

Hayden Boudreaux prosecuted cases in Travis County before joining Texas Defense Team. He knows the prosecution’s evaluation process — which cases they prioritize and where a defense attorney can find leverage.

A family violence charge can be dismissed in Travis County when the evidence does not support the charge. Common paths to dismissal or favorable resolution:

Self-defense (Tex. Penal Code §9.31): A person is justified in using force when they reasonably believe it is immediately necessary to protect themselves against another’s use or attempted use of unlawful force. When the facts support mutual combat or defensive action, justification under Chapter 9 is a defense to prosecution (Tex. Penal Code §9.02).

Lack of bodily injury: Assault causing bodily injury requires proof of bodily injury, which Tex. Penal Code §1.07 defines as physical pain, illness, or any impairment of physical condition. Where the evidence does not show injury, the charge may be reduced or dismissed; a threat or offensive contact without injury is only a Class C misdemeanor under §22.01(c).

Recantation with supporting evidence: While the State can proceed without the alleged victim’s cooperation, a recantation supported by a written affidavit and consistent with the physical evidence can create significant difficulties for the prosecution.

Defects in the arrest: Under Tex. Code Crim. Proc. Art. 14.03, an officer may arrest without a warrant for family violence if there is probable cause. If the probable cause determination was flawed, the arrest and resulting evidence may be challenged.

At a defendant’s appearance before a magistrate after an arrest for family violence, the magistrate may issue an Emergency Protective Order (EPO) on the magistrate’s own motion or at the request of the victim, a peace officer, or the State — and must issue one if the arrest also involves serious bodily injury to the victim or the use or exhibition of a deadly weapon during an assault (Tex. Code Crim. Proc. Art. 17.292(a)–(b)). An EPO issued in an ordinary case stays in effect at least 61 days and up to the 91st day; if it was issued because a deadly weapon was used or exhibited, it stays in effect at least 91 days and up to the 121st day (Art. 17.292(j)).

The order can prohibit you from committing family violence, communicating with the protected person in a threatening or harassing manner (or, if the magistrate finds good cause, in any manner), going to or near the protected person’s residence, workplace, or a child’s school or child care facility, possessing a firearm, and tracking or monitoring the protected person (Art. 17.292(c)). If you share a home with the protected person, an order barring you from going to or near that residence can mean you have to leave it. The magistrate must also suspend a license to carry a handgun that you hold (Art. 17.292(l)).

Violating the order is a separate offense under Tex. Penal Code §25.07 — a Class A misdemeanor, with felony enhancements in §25.07(g), including when the violation involves a deadly weapon, when you have two or more prior convictions under that section, or when the violation is committed by an assault or stalking.

After notice to each affected party and a hearing, the issuing court may modify an EPO if it finds the order unworkable and that the change will not place the victim at greater risk or endanger a protected person; the court that took over the criminal case can also modify the order on request (Art. 17.292(j), (n)). Texas Defense Team can ask the court to modify the order — for example the residence restriction — while your criminal case is pending.

Texas Defense Team charges $5,000 for assault — family violence defense.

Payment plan available: 10 monthly payments of $500, first payment due at hiring, auto-pay required.

Discounts available for cases involving multiple charges.

View our complete fee schedule. Prices are subject to change at any time; the fee quoted in your signed representation agreement is the fee that controls.