Charged With Family Violence?
A Practical Guide to Handling a Family Violence Charge in Texas
Important Disclaimer: This is general information based on Texas statutes and common practices. It is not legal advice. Every case is different. Laws, local practices, and outcomes vary by county and facts. If you or someone you know is facing a family violence charge, consult a licensed Texas criminal defense attorney immediately. This is especially critical in the first 48 hours after arrest.
What Is a Family Violence Charge in Texas?
Texas does not have a standalone crime called “family violence” or “domestic violence.” These cases are typically prosecuted as assault under Texas Penal Code § 22.01, with an additional affirmative finding of family violence under Texas Code of Criminal Procedure Article 42.013.
The finding is entered when the court determines the offense involved “family violence” as defined in Texas Family Code § 71.004. This finding triggers serious long-term consequences even for a misdemeanor.
Who is covered? The relationship categories are broad (Family Code §§ 71.0021, 71.003, 71.005):
- Family members (blood, marriage, former spouses, parents of the same child, etc.)
- Household members (current or former roommates/cohabitants)
- Dating partners (including current or former dating relationships)
Charge Levels and Penalties
The most common charge is Assault Causing Bodily Injury against a family/household member or dating partner.
Charge TypeTypical LevelPenalty RangeKey TriggersAssault by threat or offensive contactClass C misdemeanorFine up to $500No bodily injuryAssault causing bodily injury (first offense)Class A misdemeanorUp to 1 year county jail + $4,000 fineBodily injury (physical pain, illness, or impairment — no visible injury required)Assault + prior family violence finding or impeding breath/circulation (choking/strangulation)3rd-degree felony2–10 years prison + up to $10,000 finePrior conviction/deferred with FV finding, or pressure on neck/throat or blocking nose/mouthContinuous Violence Against the Family (Penal Code § 25.11)3rd-degree felony2–10 yearsTwo or more bodily-injury assaults against qualifying persons within a 12-month period (no prior conviction required; acts need not have been previously charged)Aggravated Assault (serious bodily injury or deadly weapon)2nd- or 1st-degree felonyHigher ranges (up to life in some FV cases)Serious injury or weapon, especially against family/household/dating partner
Many first-time Class A cases resolve with probation (community supervision), often including a Batterer Intervention and Prevention Program (BIPP). Felony cases carry prison exposure.
The First 48 Hours: What Usually Happens
- Arrest — Officers frequently make a warrantless arrest based on probable cause in family violence calls. Primary aggressor determinations are often made quickly on limited information.
- Magistration (usually within 24–48 hours) — A magistrate advises of rights, sets bond, and commonly issues a Magistrate’s Order for Emergency Protection (EPO) under Code of Criminal Procedure Article 17.292.
- Emergency Protective Order — This is very common (sometimes mandatory if serious bodily injury or a deadly weapon was involved). It typically lasts 61–91 days (longer in some weapon cases) and can prohibit:
- Contact with the protected person (including through third parties)
- Going to the shared residence
- Possessing a firearm
- Other restrictions
4. Violating an EPO or bond no-contact condition is a separate crime (often a Class A misdemeanor, and can escalate).
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Bond conditions almost always include no contact and stay-away requirements. Many people cannot return home immediately.
The Court Process (General)
- Charges are filed (information for misdemeanors; grand jury indictment for felonies).
- Arraignment / formal plea.
- Pretrial hearings, discovery, negotiations.
- Possible outcomes: dismissal, plea to reduced charge (sometimes without the family violence finding), deferred adjudication, probation, or trial.
- Note: The alleged victim does not control the case. An affidavit of non-prosecution or recantation does not automatically end prosecution. Many Texas prosecutors (including in larger counties) continue cases based on other evidence (911 calls, body cam, photos, medical records, witness statements).
In Bexar County / San Antonio: Specialized handling exists. Reflejo Court offers a trauma-informed, accountability-focused program (with a substance-use component) for certain first-time misdemeanor family violence cases. Eligibility is limited (e.g., no pending felonies, complaining witness agreement in some tracks, substance use issues). Standard pretrial diversion often excludes family violence. Timelines vary — misdemeanor cases can resolve in months; felonies take longer.
Common Defense Issues
Strong defenses depend entirely on the facts and evidence. Common areas include:
- Self-defense or defense of others (Penal Code Chapter 9) — Reasonable belief that force was immediately necessary.
- Lack of bodily injury or insufficient proof of the assault element.
- Failure of the relationship element (the person does not qualify as family, household, or dating partner).
- False, exaggerated, or motivated allegations (custody disputes, etc.).
- Mutual combat or other justifications.
- Suppression of evidence (constitutional issues, statements, searches).
- Challenges to strangulation/impeding-breath allegations.
- Negotiation to a non-family-violence offense or dismissal.
Major Collateral Consequences
Even a Class A misdemeanor with a family violence finding can have lifelong effects:
- Federal firearm ban — 18 U.S.C. § 922(g)(9) (Lautenberg Amendment) creates a lifetime prohibition on possessing firearms or ammunition for a qualifying misdemeanor crime of domestic violence.
- Texas firearm restrictions (Penal Code § 46.04) — Often 5 years after release or end of supervision for Class A FV.
- Future assaults against family/household/dating partners are enhanced to felonies.
- Child custody and family court proceedings (statutory considerations and presumptions can apply).
- Immigration consequences (potential deportability for non-citizens).
- Employment, professional licensing, housing, and background checks.
- Limited or no eligibility for nondisclosure/sealing of the record in many cases involving an affirmative finding.
Deferred adjudication still typically triggers the affirmative finding and many of these consequences.
Practical Steps If You Are Facing a Charge
- Contact a criminal defense attorney immediately — Do not wait. Early intervention can affect bond conditions, EPO terms, evidence preservation, and strategy.
- Strictly obey all bond conditions and any protective order. No contact means no contact — texts, calls, third parties, social media, or “checking on the kids” can create a new case.
- Do not discuss the case with the alleged victim, on social media, or with anyone except your attorney.
- Document your side carefully — Preserve texts, photos, videos, medical records, witness names, and timelines. Give this only to your lawyer.
- Arrange temporary housing and logistics if a stay-away order is in place.
- Avoid new arrests or violations — They compound the original case.
- Understand that the prosecutor, not the complainant, decides whether to proceed.
Protective Orders (Civil Side)
Separate from the criminal case, a longer-term Family Code protective order can be sought. These involve different standards and processes (often through the district attorney’s office or private counsel) and can last up to two years or longer in some cases. Bexar County has a Family Justice Center that assists with applications.
Final Notes
Family violence cases move quickly in the first days and carry outsized long-term consequences relative to the criminal penalties in many misdemeanor cases. Early, experienced legal representation is the single most important step.
If this involves a specific situation in San Antonio/Bexar County or elsewhere in Texas, an attorney licensed in Texas should review the police report, bond conditions, EPO, and any other documents as soon as possible.
This guide is current as of late 2026 based on publicly available Texas statutes and common practices. Always verify with current law and local counsel.
Facing a family violence charge in Texas?
These cases move fast and carry serious long-term consequences — even on a first offense.
You do not have to face this alone.
The Law Office of Dr. Edgardo Rafael Báez, P.C.
San Antonio Criminal Defense Attorney
📞 (210) 901–5236
🌐 www.erbjrlaw.com
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