Dallas Family Violence Assault Lawyer

What is family violence assault in Texas?

Family violence assault is the offense of assault under Penal Code 22.01 when the person allegedly hurt is a family member, a household member or someone in a dating relationship with the accused. Texas does not have a separate crime called "domestic violence." Instead, the relationship changes how an ordinary assault is charged, enhanced and recorded.

Assault under Penal Code 22.01(a) can be committed three ways:

• Bodily injury: intentionally, knowingly or recklessly causing bodily injury, which Texas defines broadly as physical pain, illness or any impairment of physical condition.
• Threat: intentionally or knowingly threatening another with imminent bodily injury.
• Offensive contact: intentionally or knowingly causing physical contact the person will regard as offensive or provocative.

The relationships come from the Family Code. "Family" includes people related by blood or marriage, former spouses, parents of the same child and foster relationships (Family Code 71.003). "Household" means people living together in the same dwelling, related or not (71.005). A "dating relationship" is a continuing relationship of a romantic or intimate nature, judged by its length, its nature and how often the people interacted (71.0021).

When is family violence assault a felony?

Family violence assault becomes a felony under Penal Code 22.01(b) and (b-3) in these situations:

• Prior family violence conviction: a bodily-injury assault on a family member, household member or dating partner is a third-degree felony if the accused was previously convicted of a family violence offense. Under 22.01(f), a prior deferred adjudication for one of these offenses counts as a prior conviction for this purpose.
• Impeding breath or circulation: applying pressure to the throat or neck, or blocking the nose or mouth, is a third-degree felony even on a first arrest. People often call this a strangulation or choking charge. See impeding breath or circulation.
• Both: an impeding-breath assault by someone with a prior family violence conviction is a second-degree felony under 22.01(b-3).
• Aggravated assault: causing serious bodily injury or using or exhibiting a deadly weapon is a second-degree felony under Penal Code 22.02. It is a first-degree felony when a deadly weapon is used and serious bodily injury is caused to a family member, household member or dating partner.
• Continuous violence against the family: two or more family violence assaults within 12 months can be charged as a third-degree felony under Penal Code 25.11.

Sources: Penal Code 22.01, 22.02, 12.21, 12.23, 12.32 to 12.34. Prior convictions can raise these ranges further.

What happens after a family violence arrest in Dallas County?

After a family violence arrest in Dallas County, the person is usually booked into the Lew Sterrett Justice Center and brought before a magistrate, who sets bond and bond conditions. Several things tend to happen in the first 48 hours:

• Bond and conditions. Under Code of Criminal Procedure 17.49, a magistrate can add conditions in family violence cases, such as staying away from the alleged victim's home, work or school. Some cases also involve GPS monitoring.
• Emergency protective order. The magistrate may issue a magistrate's order for emergency protection under Code of Criminal Procedure 17.292. The order is mandatory if the arrest involves serious bodily injury or the use or display of a deadly weapon. For orders issued on or after September 1, 2025, an emergency order lasts at least 61 and up to 91 days, or at least 91 and up to 121 days in deadly-weapon cases (SB 2196, 89th Legislature). See emergency protective orders.
• Firearms. An emergency order can suspend a handgun license and bar possession of firearms while it is in effect.
• Court setting. Misdemeanor cases are heard in the Dallas County Criminal Courts and felony cases in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. Felony cases must first be presented to a grand jury.

Read the paperwork you received at release. The bond conditions and any emergency order tell you where you can live and whom you can contact. Breaking them can put you back in jail and can be a new crime.

Can the alleged victim drop family violence charges?

No. In Texas the State, not the alleged victim, decides whether a family violence case goes forward. In Dallas County that decision belongs to the Dallas County District Attorney's Office. An alleged victim can tell the prosecutor what they want, and some sign an affidavit of non-prosecution, but the prosecutor can still proceed using 911 recordings, body camera video, photos, medical records and officer testimony.

Spouses also have less protection than many people expect. The usual privilege that lets a spouse decline to testify against the other spouse does not apply when the accused is charged with a crime against that spouse or a member of the household (Texas Rule of Evidence 504(b)). Do not ask the alleged victim to change their story or to stay away from court. That can lead to a separate charge such as tampering with a witness, and contact may also violate bond conditions. See can the victim drop charges?

What is a family violence finding and why does it matter?

A family violence finding is a written finding that the offense involved family violence. Under Code of Criminal Procedure 42.013, if the court determines that an offense involved family violence, it must make an affirmative finding and enter it in the judgment. The finding follows a person for years:

• It can be used to enhance a later assault to a felony (Penal Code 22.01(b)(2)(A)).
• It blocks an order of nondisclosure for the case, even after deferred adjudication (Government Code 411.074).
• A Class A family violence conviction makes it illegal under Texas law to possess a firearm for 5 years after release from confinement or community supervision (Penal Code 46.04(b)).
• Federal law separately prohibits firearm possession by anyone convicted of a misdemeanor crime of domestic violence (18 U.S.C. 922(g)(9)).

Because of these effects, the way a case is resolved matters as much as whether it is resolved. A plea that avoids a family violence finding is very different from one that includes it.

How are family violence cases defended?

Family violence cases are defended by testing each element the State must prove and by looking closely at what happened before the 911 call. Common issues include:

• Self-defense. Texas law allows force when a person reasonably believes it is immediately necessary to protect against another's unlawful force (Penal Code 9.31). Injuries on the accused, the sequence of events and witness accounts matter.
• Whether there was bodily injury. The difference between a Class A and a Class C allegation can turn on whether pain or injury occurred.
• The relationship. Whether the people were in a "dating relationship" or "household" under the Family Code can be disputed.
• Evidence review. 911 audio, body camera and dash camera video, photos, medical records, texts and social media often tell a fuller story than the police report.
• Impeding breath evidence. In strangulation cases, the medical evidence, the description of the event and the timeline are often contested.

We do not promise outcomes. We investigate, request the State's evidence, look for problems with the case and explain your options so you can decide.

What does our firm do on a family violence case?

1. Review the bond conditions and any emergency protective order with you so you can comply.
2. Request the State's evidence, including 911 recordings and video.
3. Identify witnesses and preserve texts, photos and records that support your account.
4. Address bond condition problems, such as where you can live, through the proper court process.
5. Explain the realistic outcomes, including dismissal, reduction, deferred adjudication, probation or trial, and the long-term effect of each.

What related charges are often filed?

• Violation of a protective order or bond condition (Penal Code 25.07), a Class A misdemeanor that can become a felony.
• Terroristic threat against a family or household member (Penal Code 22.07), a Class A misdemeanor.
• Assault by impeding breath or circulation, a third-degree felony.
• Aggravated assault (Penal Code 22.02).
• Protective order proceedings in civil court, which often run alongside the criminal case.

We handle family violence cases in all 12 counties we serve, from the Frank Crowley Courts Building in Dallas to the Tarrant County and Collin County courts. Our office is in downtown Dallas.

What is the timeline of a family violence case in Dallas County?

1. Arrest and booking at the Lew Sterrett Justice Center. Police often arrest one person at the scene based on what they see and hear.
2. Magistration within 48 hours (Code of Criminal Procedure 15.17): bond, bond conditions under article 17.49, and often an emergency protective order under article 17.292.
3. Release and compliance. Many people must find somewhere else to live right away. Arrange to pick up belongings only through the method your order allows, such as a police standby.
4. Filing. A misdemeanor is filed by information in a Dallas County Criminal Court. A felony, such as impeding breath, is presented to a grand jury.
5. Court settings at the Frank Crowley Courts Building, where discovery is exchanged and the case is negotiated or set for trial.
6. Resolution: dismissal, reduction, deferred adjudication, probation, or trial.

What should I expect at court?

At early settings your lawyer reviews the offense report, the 911 recording, photos and body camera video, and talks with the prosecutor. The prosecutor may contact the alleged victim, who may also meet with victim services. If the case goes to trial, the State usually calls the responding officers, and it may try to use 911 calls and statements made to officers. Whether those statements can come in without the person testifying depends on the rules of evidence and the Confrontation Clause, which allows the accused to cross-examine the people whose statements are used against them, subject to recognized exceptions.

What should I avoid while the case is pending?

• Do not contact the alleged victim, directly or through others, if any order or condition forbids it.
• Do not post about the case, the relationship or the other person on social media.
• Do not go to the home, workplace or school listed in any order, even to collect belongings, unless the order allows it.
• Do not possess firearms if an order prohibits it.
• Do not discuss the facts on recorded jail calls or by text.
• Do not miss court or a required check-in.

What collateral consequences should I plan for?

• Housing: bond conditions and protective orders can keep you out of your home, sometimes for months.
• Children: an emergency order or bond condition can limit contact with children who live with the protected person. Questions about custody belong in a separate court.
• Firearms: restrictions during the case and, after a conviction, under Texas and federal law.
• Records: no nondisclosure for family violence offenses (Government Code 411.074), and a finding that can enhance a future charge.
• Work: jobs that require a firearm, security clearance or professional license can be affected.

Checklist: what to bring to your consultation

• Bond paperwork and any emergency protective order
• The names of everyone present and anyone who heard or saw part of the incident
• Photos of any injuries you had, and medical records if you sought care
• Texts, emails, call logs and social media messages before and after the incident, saved as screenshots and in the original app
• A written timeline made as soon as possible
• Any prior protective orders, police reports or court cases involving either person

Is there family violence diversion in Dallas County?

The Dallas County District Attorney's general felony pretrial diversion program lists charges involving assault, violence or threat of violence as ineligible. Misdemeanor cases are evaluated by the prosecutor assigned to the case. Deferred adjudication is often available, but it has long-term effects in family violence cases, including enhancement and no nondisclosure, so it should be weighed carefully.

Key terms

Bodily injury

Physical pain, illness or any impairment of physical condition (Penal Code 1.07). Visible injury is not required.

Family violence finding

A finding entered in the judgment that the offense involved family violence; it has lasting effects on enhancement and record sealing.

Magistrate's order for emergency protection

An order issued at magistration that can require the accused to stay away from the alleged victim.

BIPP

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

Assault and family violence by county

Courts, prosecutors and local programs differ by county. See our local pages:

• Dallas County
• Tarrant County
• Collin County
• Denton County

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026