Travis County Family Violence Assault Defense
A family violence assault charge in Travis County — even for a first-time incident — triggers consequences that extend beyond the criminal case: mandatory protective orders, potential firearm surrender, immigration consequences, and a finding that elevates any future assault to a felony. Call before you say anything more to law enforcement.
What Is Family Violence Assault Under Texas Law?
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:
• Mandatory surrender of all firearms under 18 U.S.C. §922(g)(9) if convicted
• Immigration consequences for non-citizens
• A second assault offense elevates from Class A misdemeanor to third-degree felony under §22.01(b-1)
• Impacts child custody and access proceedings
• Appears as a family violence designation on all background checks
- Tex. Penal Code §22.01 — Assault — elements and penalty levels
- Tex. Family Code §71.004 — Family violence definition — family/household/dating relationship
- 18 U.S.C. §922(g)(9) — Federal firearm prohibition on family violence conviction
How Does Travis County Prosecute Family Violence Cases?
Travis County has a dedicated Family Violence Unit in the District Attorney’s office. Travis County has a mandatory prosecution policy — the DA’s office may proceed with prosecution even when the alleged victim recants, declines to cooperate, or requests the charge be dropped.
The prosecution uses 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.
Can a Travis County Family Violence Charge Be Dismissed?
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, self-defense is an absolute defense to assault.
Lack of bodily injury: Assault causing bodily injury requires proof of actual physical impairment, no matter how minor. Where physical evidence does not support injury, the charge may be reduced or dismissed.
Recantation with supporting evidence: While Travis County can proceed without victim cooperation, a recantation supported by a written affidavit and consistent with the physical evidence creates 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.
- Tex. Penal Code §9.31 — Self-defense — justification for use of force
- Tex. Code Crim. Proc. Art. 14.03 — Warrantless arrest authority for family violence
Emergency Protective Orders — What Happens to Your Home
In virtually all Travis County family violence arrests, an Emergency Protective Order (EPO) is issued at the time of arrest and remains in effect for 31 to 91 days. The EPO prohibits all contact — direct or indirect — with the alleged victim. It may also include a kick-out provision requiring you to vacate a shared residence.
Violating the EPO is a separate criminal offense under Tex. Penal Code §25.07 — a Class A misdemeanor that can elevate to a third-degree felony with prior protective order violations.
Texas Defense Team can represent you in the protective order hearing to contest unnecessary restrictions and work to modify the living arrangement order while your criminal case is pending.
- Tex. Penal Code §25.07 — Violation of protective order — Class A misdemeanor to 3rd degree felony
Frequently Asked Questions
What is the difference between a Class A and Class B assault misdemeanor in Texas?+
Simple assault (Class B misdemeanor) involves threatening behavior without physical contact or injury. Assault causing bodily injury (Class A misdemeanor, up to 1 year, $4,000 fine) requires proof of actual physical harm. With a family violence finding, the Class A misdemeanor is the baseline — and a second family violence conviction elevates to a felony.
Can the alleged victim drop the charges in Travis County?+
The alleged victim does not control whether the Travis County DA prosecutes the case. Travis County has a mandatory prosecution policy — once the case is referred to the DA, the state decides whether to proceed. However, victim non-cooperation, a recantation affidavit, and lack of corroborating evidence all materially affect how the prosecution is able to present its case.
Do I have to leave my home if I am charged with family violence?+
The Emergency Protective Order may include a kick-out provision requiring you to vacate a shared residence immediately. This is a civil matter and can be contested at a hearing before the Travis County family court. An attorney can represent you at that hearing to work toward modifying the residential arrangement while your criminal case is pending.
Will a family violence conviction affect my gun rights?+
Yes. Under 18 U.S.C. §922(g)(9), a conviction for a misdemeanor crime of domestic violence — which includes Texas family violence assault — permanently prohibits you from possessing firearms under federal law. This prohibition applies even to Class A misdemeanor convictions that did not involve a weapon.
Can I get a family violence charge expunged in Texas?+
A family violence conviction cannot be expunged in Texas. However, if your charge is dismissed — whether through a favorable plea, a motion to dismiss, or completion of a deferred adjudication — expunction under Tex. Code Crim. Proc. Chapter 55 may be available. For deferred adjudication on family violence charges, a nondisclosure may be available after the deferred period under limited circumstances. Call us to discuss your specific eligibility.