Texas family violence charges explained

Who counts as family

Relatives by blood or marriage, former spouses, parents of the same child, people who live or lived together, and current or former dating partners.

Misdemeanor or felony

• Class A misdemeanor: assault causing bodily injury
• Third-degree felony: with a prior family violence conviction, or impeding breath or circulation

Right after the arrest

An emergency protective order may bar contact and keep you out of the home. Follow it even if the other person reaches out.

Long-term effects

A conviction or family violence finding can bar firearm possession under federal law and cannot be sealed by nondisclosure. See assault and family violence defense.

What happens at magistration after a family violence arrest?

Within 48 hours, a magistrate sets bail and conditions. In family violence cases, the magistrate may impose conditions under Code of Criminal Procedure 17.49, such as no contact with the alleged victim, staying away from the home or workplace, and GPS monitoring. A magistrate's order for emergency protection may also be issued under 17.292. See emergency protective orders.

What happens in court?

1. The case is filed, usually as a Class A misdemeanor in county criminal court.
2. Your lawyer obtains the 911 call, body camera video, photos and statements.
3. The prosecutor reviews the case, which may include the alleged victim's wishes, but the prosecutor decides whether to proceed.
4. The case is negotiated, dismissed, or set for trial before a jury of six.

What is a family violence finding?

If the court finds that the offense involved family violence, the judgment must say so (Code of Criminal Procedure 42.013). The finding has lasting effects: it can be used to enhance a future assault to a felony, it bars nondisclosure, and it affects firearm rights.

What are common probation conditions?

• A battering intervention and prevention program (BIPP)
• No contact or limited contact orders
• Counseling, community service and fees
• Firearm restrictions

What defenses are raised?

• Self-defense or defense of others
• No bodily injury, or an accidental injury
• Credibility issues and inconsistent statements
• Whether statements can be used if the accuser does not testify

Read more about whether the victim can drop charges and impeding breath charges.

Where are these cases heard in Dallas County?

People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.

What should I bring to a consultation?

• Bond paperwork, citations and any order you were given
• Court dates and case numbers, if you have them
• A written timeline of what happened
• Names of witnesses
• Any documents, messages or photos that relate to the case

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What happens with the home and children?

A bond condition or emergency order may keep you out of the home and away from children who live with the alleged victim. Arrange for belongings only through the method the order allows. If you need to see your children, ask your lawyer about requesting a modification or arranging contact through a third party, rather than acting on your own. Custody questions belong in a separate court.

Can the case be dismissed?

Yes, it can, but only the prosecutor or the court can dismiss it. Dismissals happen for many reasons, including insufficient evidence, problems with statements or video, or a successful defense. An alleged victim's wishes are considered but do not control.

Key terms

Family violence finding

A finding in the judgment that the offense involved family violence, which affects enhancement, sealing and firearms.

Emergency protective order

A magistrate's order after an arrest that can require the accused to stay away from the alleged victim.

BIPP

Battering Intervention and Prevention Program, a common probation condition in family violence cases.

Magistration

The first appearance before a magistrate after arrest, within 48 hours, where rights are explained and bail is set.

Enhancement

A prior conviction or other fact that raises the punishment level.

Common mistakes to avoid

• Talking about the facts with police, friends or on social media
• Missing a court date or a bond condition
• Assuming the case will be dropped without action
• Waiting until the last minute to gather records and witnesses