Charged With Family Violence In Travis County? Don’t Let It Ruin Your Life.


The dynamics of any relationship can be complex. When tempers run hot, often the police enter a situation where your rights might be compromised quickly. Texas family violence laws are harsh; once you’re charged with domestic violence, you face very heavy penalties.

What is Family Violence?

The state of Texas uses family violence and dating violence almost interchangeably. It’s defined as any time an assault occurs on a former spouse, current spouse, girlfriend, boyfriend, or a member of the same family or household.

Related information: How is Family Defined By The State Of Texas

Am I Going to Jail?

Once the police enter the situation, the chances are good that someone is going to jail — fast. Responding officers often look to end the situation quickly; from their perspective, an arrest is the best way to do it.

After the initial arrest, you’ll either be facing misdemeanor or felony charges. If there is no injury or only a slight injury, you’ll likely face misdemeanor charges. In cases of serious bodily injury, repeat offenders, or impeding the normal circulation of blood or air in the alleged victim’s neck or throat, felony charges are usually filed.

Related information: A Choking Allegation Can Complicate Family Violence Cases

Penalties with your first conviction can include jail time of up to a year, a fine of up to $4,000, and court- ordered counseling. If you are convicted a second time, it automatically becomes a felony case and can result in ten years in prison as well as a fine of up to $10,000 and court-ordered counseling. Additional convictions may result in heavier penalties.

Perhaps the worst penalty is that you may face a protective order that means you cannot see anyone named in the protective order, including your children, for as long as the order is in effect.

All of this is possible even if the victim would rather not press charges, as victim cooperation is not required to move forward with the case.

What’s My Next Step?

Before you do anything else, contact us today. The choice of an experienced attorney can make a huge difference in the outcome of your case. Learn more about our history of results below.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Assault Family Violence case dismissed.

    The assault victim statement showed that on September of 2010, the alleged victim said that my client had grabbed, pushed, and threatened her. He also allegedly pulled her hair. The police officer noted that her physical condition included new bruising and loose hair. The alleged victim asked for an emergency protective order. The alleged victim claimed this was not the first time something like that had happened. My investigation showed that the alleged wounds were actually the result of rug burns. The alleged victim revealed that my client was nonviolent, and non-abusive things my client did pushed the "buttons" she had as a result of her first marriage.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    My client and a woman were in a car, arguing. Some unknown person called the police because they were arguing. My client allegedly slapped the woman. The police showed up and arrested my client for assault dating violence.

    My investigation showed that my client and the woman were not in a dating relationship, that in fact the woman was married to someone else and had been living with her husband in their home for years. That ended the “dating violence” part of the accusation.

    My investigation also showed that any contact between my client and the woman was accidental.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    This case proves that confusion is often best resolved by talking, not by arresting, first. My client and her husband were not getting along one day. They were both pretty upset, so her husband went up into the restroom they shared to take a shower and calm down. Meanwhile, my client's mother was trying to place a foreign phone call, and dialed "91118657..." You get the idea. Her phone call never went through, or rather it went through to 911. But because she spoke no English, she could not explain that this was all a misunderstanding. APD came to the door looking for a domestic violence call and they looked for one until they thought they found one. Namely, the police were at the bathroom in which my client was taking a shower. Finally, he let them in and they decided he looked assaulted enough, so they arrested his wife.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    My client was accused of assaulting his companion. My investigation showed that my client's companion was bipolar and was frequently not truthful; also, to put the case in context, my investigation showed that my client had just learned that his companion had had an affair.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    My client's girlfriend claimed that my client had kicked her. My investigation showed that my client's girlfriend had no visible injuries, and that she admitted that she only called the police because she was mad at my client.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Client kept his license and the criminal case against him was dismissed.

    My client was charged with assault three times for a single assault, arising out of a single criminal "transaction" and "episode." Bottom line: the State can't turn a single assault into three separate assaults.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    My client's boyfriend reported my client for allegedly biting him on his leg during a fight. What he failed to mention to the police was that he was trying to take my client's dog; my client was permitted to prevent the consequences of theft.

  • Assault Family Violence Class A Misdemeanor
    Enlarge Document

    Assault Family Violence Class A Misdemeanor
    RESULT: Case dismissed.

    Police arrested my client after a relative accused him of assault. My investigation – which included 11 witness statements – showed that the accuser was mentally ill, an habitual liar, and that my client was innocent. This case was not reduced and refiled. It was dismissed outright.

  • Assault Family Violence Class A Misdemeanor
    Enlarge Document

    Assault Family Violence Class A Misdemeanor
    RESULT:

    Police report said my client punched out her roommate for no reason. Police did no investigation other than to talk to the alleged victim. Prosecutor got medical records showing that the victim had two black eyes and a broken nose.

    My investigation showed – through 5 witnesses' sworn statements – that the alleged victim had assaulted my client when my client refused to let the "victim" drive while intoxicated and then later assaulted my client when my client tried to take her clothes and leave the apartment.

    If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "Other: Deferred Prosecution." Deferred Prosecution basically means the case is dismissed, so long as the Defendant takes a class or performs some community service. Result: case dismissed. Click here to see enlarged image.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    Police report accused my client of assaulting her boyfriend by biting him. My investigation showed that the boyfriend was much bigger than my client (boyfriend was approximately 6'4" and 280 lbs.). Also, my investigation showed that my client bit the boyfriend in self-defense because the boyfriend was choking my client.

    Case was set for trial, but prosecutor dismissed when he saw he could not prove his case. If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "Other: pending further investigation." That means if the prosecutor later figures out how to prove the case, he can refile it. That rarely happens. Result: case dismissed. Click here to see enlarged image.

  • Assault Family Violence Class A Misdemeanor
    Enlarge Document

    Assault Family Violence Class A Misdemeanor
    RESULT: Case dismissed.

    Client had already gotten a deferred prosecution and dismissal, then made a mistake by not following through on the agreement. The County Attorney filed the charges against him again.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    Client and his spouse were arguing. Client realized that he was getting angry, so he said he needed to leave to cool off, and then drove off in his truck. Spouse became afraid that Client was leaving and not coming back. Spouse panicked and called 911. Police came and pressured Spouse into signing an Assault Victim Statement which said things that weren't true. I tenaciously went after evidence that proved that Spouse had denied that she had been injured at all from the beginning.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    Client and alleged victim were arguing. Alleged victim told police that client approached her with a knife and told her to leave. Alleged victim told police she had called them to get the situation calmed down. I interviewed the alleged victim, who told me that the police told her that they could not do anything to help her unless she said that client had caused her pain. Client was arrested and put in jail. Without the alleged victim's approval, the police applied for an Emergency Protective Order, barring my client from entering client's home.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    Witnesses told the police that my client grabbed his significant other in a "hug" which broke and bruised her ribs. After that, the witnesses said, he threw her up against a wall and then pinned her at her throat. I prepared the case for trial.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    My client's sister told the police that my client kicked her and hit her. My investigation showed that the sister did not know what caused her injuries. The sister admitted that she was clumsy and bruised easily.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Dismissed.

    Client's ex-boyfriend told police that he had gone to her apartment to talk to her. He said that when he arrived, she started to swear at him and that when he got up to leave, that she started punching him. My investigation showed that the ex-boyfriend had a strong financial motive to say these things.

  • Assault Family Violence
    Enlarge Document

    Assault Family Violence
    RESULT: Case dismissed.

    Client had argument with his wife. The argument became heated, so my client decided to leave the house for a bit to cool down. He got in his truck and left for a while. Client's wife became even more upset, thinking that her husband had permanently left her. She called the police and made a false report that my client had assaulted her. I took statements from my client's wife, her three children, and my client's brother and cousins. Predictably, the statements differed on minor points, but everyone was clear that no assault took place.