Protect Your Freedom, Your Family, and Your Future
A family violence accusation can change your life before your case ever reaches a courtroom. You may face an arrest, restrictions on contacting your family, exclusion from your home, and uncertainty about your job and your relationship with your children.
An accusation is not a conviction. You have the right to challenge the allegations and present your defense.
Attorney Lori Laird brings experience in both criminal defense and family law to family violence cases. That combination matters when a criminal allegation overlaps with a divorce, custody dispute, or protective order proceeding. Your defense should address the charge itself and the consequences that may follow in other parts of your life.
If you are facing a family violence assault charge, call 832-699-1966 to schedule a confidential consultation.
What Is Family Violence Assault in Texas?
Family violence assault generally involves an alleged assault against someone with a qualifying family, household, or dating relationship to the accused. These cases are not limited to married couples or people who currently live together.
Qualifying relationships can include:
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Current or former spouses.
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People who share a child.
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Current or former dating partners.
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Certain relatives by blood or marriage.
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Current or former members of the same household.
Whether a relationship qualifies can be an important issue in the case. Dating relationships are evaluated based on their nature and circumstances; a casual acquaintance does not automatically qualify.
Assault allegations may involve bodily injury, threats of imminent bodily injury, or offensive or provocative physical contact. The conduct alleged affects the charge and its classification.
Is Family Violence Assault a Misdemeanor or a Felony?
The answer depends on the alleged conduct, the accused person's history, and the applicable statutory provisions. A first allegation is not automatically a misdemeanor, and a second accusation does not automatically establish a felony.
Misdemeanor Assault
Assault causing bodily injury is generally a Class A misdemeanor unless an enhancement applies. The ordinary punishment range includes up to one year in county jail, a fine of up to $4,000, or both.
Certain threats or offensive-contact assaults without bodily injury are generally Class C misdemeanors, subject to statutory exceptions. Even a lower-level charge deserves careful attention when family violence is alleged.
Felony Assault
An assault involving a qualifying relationship may be charged as a felony when there is a qualifying prior conviction or when the alleged conduct impedes breathing or blood circulation through pressure to the throat or neck or obstruction of the nose or mouth.
Aggravated assault allegations involving serious bodily injury or a deadly weapon can carry additional exposure. Some combinations of conduct and prior history increase the offense level further.
A third-degree felony ordinarily carries a punishment range of two to ten years in prison and a possible fine of up to $10,000. Other felony classifications carry different ranges.
Continuous Violence Against the Family
Texas also recognizes the felony offense of continuous violence against the family. It can involve allegations of two or more qualifying bodily-injury assaults within a period of twelve months or less. A prior conviction for either alleged incident is not required before this charge can be brought.
Why a Family Violence Finding Matters
The consequences of a family violence case can extend well beyond a fine, jail sentence, or probation. The precise offense, findings, and disposition deserve careful review before you accept any plea agreement.
Potential consequences include:
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Firearm restrictions. A qualifying misdemeanor domestic violence conviction can prohibit firearm and ammunition possession under federal law. Certain protective orders can also trigger restrictions. The applicable rules depend on the conviction, relationship, order, and other circumstances.
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Custody and visitation consequences. Evidence of family violence can affect conservatorship, possession, access, and safeguards ordered for a child.
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Employment and licensing concerns. An arrest or disposition may create background-check issues, reporting obligations, or professional licensing concerns, depending on your occupation.
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Difficulty sealing the record. Texas law restricts nondisclosure eligibility for offenses involving family violence and cases with an affirmative family violence finding.
A resolution that appears convenient today may create problems years later. Your attorney should evaluate the full effect of the proposed outcome, rather than focusing only on whether it avoids immediate jail time.
Protective Orders and Bond Conditions
A family violence arrest may lead to an emergency protective order or restrictive bond conditions. Depending on the order, you may be prohibited from contacting another person, returning to a residence, approaching certain locations, or possessing firearms.
Read every order carefully and follow its terms. An invitation from the protected person does not give you permission to violate a court order. Requests for changes must be addressed through the appropriate court process.
Violating an applicable protective order or certain bond conditions can result in additional criminal charges.
Lori Laird can review the restrictions affecting you, explain how they apply, and evaluate whether requesting a lawful modification is appropriate.
Can the Other Person Drop the Charges?
The complaining witness does not control the prosecutor's decision to proceed. A request to dismiss the case or an affidavit of nonprosecution may be relevant, but neither guarantees dismissal.
The prosecution may seek to rely on other available evidence, including recordings, photographs, witness testimony, and medical records, subject to the rules governing admissibility.
Do not pressure anyone to change a statement or withdraw an allegation. Let your attorney address communications and evaluate how any changed account affects the defense.
Building a Defense Around the Evidence
A police report is a starting point for investigation. It should not be treated as the complete story.
Depending on the case, a thorough defense review may include:
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911 calls and dispatch records: What was reported, by whom, and when?
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Body-camera footage: What did officers observe, and what did the parties say at the scene?
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Photographs and medical records: What do they establish about the alleged injury, timing, and cause?
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Texts and other communications: Do complete conversations support or contradict the allegations?
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Independent witnesses: What did they actually see or hear?
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Prior statements: Are there material inconsistencies or missing details?
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The surrounding circumstances: What happened before, during, and after the incident?
Defense issues may include mistaken identity, accidental contact, lack of the required mental state, self-defense, defense of another person, disputed injury causation, or insufficient evidence.
Each defense must fit the facts and the law. The goal is to identify what the evidence actually supports and hold the prosecution to its burden of proof.
False, Exaggerated, or Incomplete Allegations
Family violence allegations must be taken seriously. They must also be examined carefully.
Some cases involve conflicting accounts, incomplete information, or accusations that are false or exaggerated. Others involve a real confrontation but a dispute about who initiated it, whether force was legally justified, or how an injury occurred.
When allegations arise during a breakup, divorce, or custody dispute, the timing and surrounding communications may be relevant. The existence of a family law dispute does not itself prove that an accusation is false.
Lori Laird evaluates the evidence and the context to develop a defense grounded in facts.
When Criminal Charges Overlap With Divorce or Custody
A family violence allegation can create several proceedings at once: a criminal prosecution, a protective order case, and a dispute over divorce or parenting arrangements.
Evidence of family violence can affect custody and access decisions even without a criminal conviction. Statements, testimony, and proposed agreements therefore need careful coordination across proceedings.
Lori Laird's experience in criminal defense and family law helps her evaluate how a decision in one case may affect another. Your defense should account for both your immediate legal exposure and your long-term relationship with your children.
What to Do After a Family Violence Arrest
The steps you take early can affect your defense.
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Follow all protective orders and bond conditions. Obtain copies and ask your lawyer about anything unclear.
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Preserve evidence. Keep complete messages, photographs, videos, call records, and other relevant material. Do not delete or alter it.
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Identify witnesses. Give your attorney the names of people who may have relevant firsthand information.
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Avoid discussing the allegations online. Posts, comments, and private messages may become evidence.
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Speak with an attorney before giving a detailed statement. Obtain advice before participating in additional questioning about the incident.
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Address related proceedings promptly. A protective order or custody hearing may require attention while the criminal case remains pending.
Frequently Asked Questions
Can I be charged if there are no visible injuries?
Yes. Visible marks are not always necessary to support an assault allegation. The absence of photographs, bruising, or other physical evidence should be evaluated alongside the remaining evidence; it does not automatically resolve the case.
Does deferred adjudication make the case disappear?
No. Deferred adjudication does not automatically erase the record. Family violence can also restrict eligibility for an order of nondisclosure. Before accepting a plea, discuss the record consequences and any effect on future charges with your attorney.
Can I go home if the other person says it is okay?
Only if doing so complies with every applicable court order and bond condition. Private consent does not change a court's restrictions. Your attorney can evaluate whether a court-approved modification should be requested.
Can a family violence case be dismissed?
Dismissal may be possible, depending on the evidence and circumstances. Other cases require negotiation or trial. No attorney can responsibly promise an outcome before evaluating the facts.
Get a Defense That Looks Beyond the Immediate Charge
Your freedom, reputation, livelihood, and family relationships deserve careful protection. Whether you are facing a misdemeanor allegation, a felony assault charge, or related protective order issues, you need a defense strategy that accounts for the full picture.
Contact attorney Lori Laird at 832-699-1966 to schedule a confidential consultation about your family violence assault case.
