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Assault Family-Violence
Assault Family-Violence Defense in Dallas
A family-violence accusation can affect your home, your children, and your right to own a firearm before the case is even resolved. Attorney Avia Gauthier defends people facing these charges across Dallas, Collin, and Denton Counties.
Overview
What Counts as Family Violence in Texas
Assault under Texas Penal Code § 22.01 includes causing bodily injury to another person, threatening someone with imminent bodily injury, or causing physical contact the other person would find offensive or provocative. It becomes an assault family-violence case when the alleged victim is a family member, a member of the household, or someone in a current or former dating relationship, as defined by the Texas Family Code.
Many of these cases begin with a 911 call during an argument, and arrests often happen quickly. What a report says happened and what actually happened are not always the same.
Once a charge is filed, the State of Texas prosecutes the case, not the person who made the report. Even if the alleged victim no longer wants to proceed, the prosecutor decides whether the case continues.
Talk with Avia Gauthier
Get answers about your charge, your deadlines, and your options.
Penalties
Family-Violence Charges and Penalty Ranges
The possible punishment depends on the specific charge, the facts alleged, and your history.
| Charge | Classification | General Penalty Range |
|---|---|---|
| Assault causing bodily injury (family violence) | Class A misdemeanor | Up to 1 year in jail and a fine up to $4,000 |
| Assault family violence with a prior family-violence conviction | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Assault by impeding breathing or circulation | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Continuous violence against the family | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Aggravated assault (serious bodily injury or deadly weapon) | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
Building a Defense
Questions a Family-Violence Defense Can Raise
These cases are rarely as simple as the first report suggests. These are some of the issues a careful review can examine.
What the evidence shows
Photos, medical records, 911 recordings, body-camera footage, and witness statements can support or contradict the allegations.
Self-defense
Texas law recognizes the right to use force in self-defense in certain circumstances. Whether it applies depends on the specific facts.
Credibility and motive
Accusations sometimes arise during divorces, custody disputes, and breakups. Inconsistent statements and motives to exaggerate can be relevant.
Protective orders and bond conditions
Emergency orders and no-contact conditions can affect where you live and when you see your children. In some cases, they can be modified through the court.
Firearm rights
Federal law generally prohibits people convicted of a misdemeanor crime of domestic violence from possessing firearms. That consequence should be weighed before resolving any case.
The family-violence finding
An affirmative finding of family violence can follow a person long after a case ends and can enhance future charges. How a case is resolved matters.
FAQ
Assault Family-Violence Questions
More questions? See the general criminal defense FAQ or read what to do after an arrest.
Not directly. In Texas, the State prosecutes criminal cases. An alleged victim can tell the prosecutor they don't want to proceed, sometimes through an affidavit of non-prosecution, but the prosecutor decides whether to dismiss. The alleged victim's wishes can still be an important factor.
After a family-violence arrest, a magistrate can issue an order for emergency protection. It can require the accused person to stay away from the alleged victim and their home and to give up firearms. These orders generally last 31 to 61 days, and can last longer when the allegations involve a deadly weapon or serious bodily injury.
It depends on the conditions of your bond and any protective order. Many orders prohibit returning to a shared home or contacting the alleged victim. Don't assume contact is allowed; have an attorney review the exact terms.
Generally, yes. Federal law prohibits people convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition, and Texas law has its own restrictions. That's one reason the way a case is resolved matters so much.
It may be available in some cases, but eligibility depends on the facts and your history. Even with deferred adjudication, a family-violence finding can carry lasting consequences, including limits on sealing the record later. Understand those consequences before accepting any plea offer.
Avoid contacting the person who made the accusation, don't post about the situation online, and speak with a criminal defense attorney before talking to police.
Related
Other Practice Areas
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Defense against possession, delivery, and other controlled-substance charges.
Learn More about Drug ChargesAssault Family-Violence Representation Across North Texas
This page provides general information about Texas law, not legal advice, and laws change. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. See the full disclaimer.
Accused of Assault Family-Violence?
Speak with attorney Avia Gauthier about your charges and your options. Call (214) 377-0786 or send a message to request a consultation.
Contacting Gauthier Law Firm does not create an attorney-client relationship. Please do not send confidential information until an attorney-client relationship has been established.