This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At LaVine Law Firm, our Austin domestic violence lawyer defends people whose lives hang in the balance after a family violence arrest. Every year, Travis County processes thousands of family violence calls, and many lead to arrests before officers hear both sides. A single charge can trigger criminal penalties, a protective order, loss of gun rights, child custody problems, and a permanent criminal record. These consequences hit before any court finds you guilty. Being charged is not the same as being guilty, and the full story behind every case matters. We fight to make sure that story gets told.
We built our practice around one principle: every person accused of domestic violence deserves a strong, personal defense. These cases are complex in ways other criminal charges are not. They involve raw emotions, conflicting accounts, mandatory arrest policies, and prosecutors who push forward even when the alleged victim asks them to stop. As experienced Austin family violence attorneys, we know the Travis County courts, Austin PD's family violence protocols, and the criminal prosecutors who handle these cases at the District Attorney's and County Attorney's offices.
We handle every stage of your case. That includes emergency protective order hearings, bond conditions, plea talks, trial, and expunction review. Whether you face a domestic battery allegation or an aggravated assault charge, you get direct access to your criminal defense attorney and a strategy built around the facts of your situation. Our family law firm responds fast because time matters in these cases. We move with urgency from the moment you reach out.
Texas does not use the term "domestic violence" in its statutes. Instead, the state prosecutes these offenses under the family violence sections of the Texas Penal Code. Texas domestic violence laws cover a broader range of relationships and conduct than most people expect. Travis County's Domestic Violence Unit and criminal prosecutors pursue these charges whether the alleged victim wants to move forward or not.
Texas Family Code § 71.004 defines family violence as an act by one member of a family or household against another. Texas law covers far more than spouses. The statute includes current and former spouses, dating partners (current and former), household members, parents of a shared child, blood relatives, and relatives by marriage. Texas Family Code Sec. 71.005 further defines household members who share a dwelling.
Family violence falls into three categories under Texas law: physical abuse, sexual abuse, and threats or harassment between covered parties. The law also recognizes emotional abuse and digital abuse as forms of family violence when they involve threats or harassment. A threat of harm counts even if no one suffers a physical injury. The core criminal charge is assault family violence under Texas Penal Code § 22.01, which prosecutors can file as a Class A misdemeanor or elevate to a felony based on the facts.
Not all domestic violence charges carry the same weight. The level of the charge depends on the facts, the severity of the alleged conduct, and your criminal record. Here is how Texas domestic violence laws escalate charges:
Class A Misdemeanor: A first-offense domestic assault with no aggravating factors. This carries a maximum of one year in jail and a $4,000 fine.
Third-Degree Felony: A domestic assault charge rises to this level when the defendant has a prior family violence conviction or when the offense involves continuous family violence. Continuous violence against the family means two or more assaults against a family member within 12 months.
Second-Degree Felony: Aggravated domestic assault, which involves serious bodily injury or the use of a deadly weapon, is charged as a second-degree felony. Strangulation or choking also falls into this category.
First-Degree Felony: An aggravated assault with a deadly weapon that causes serious bodily injury, or an offense involving child abuse, child endangerment, or child abandonment, can reach this level.
A Family Violence Finding on your record triggers lasting consequences. It bars you from owning firearms under federal law (18 U.S.C. § 922(g)(9)) and can affect child custody decisions in family courts. Even a misdemeanor family violence conviction carries this finding, which makes a strong defense critical from the start.
The fallout from a domestic violence arrest in Austin begins within minutes. Austin PD follows a mandatory arrest policy. Officers must arrest at a family violence scene when probable cause exists. The alleged victim cannot stop the arrest once officers decide to act.
Within 24 hours, a judge can issue a Magistrate's Order of Emergency Protection. This court-issued protective order restricts contact with the alleged victim and can remove you from the shared home. Bond conditions often add more limits, including no-contact orders and a ban on returning to the residence. The court also notifies the alleged victim when you are released.
All of this happens before any conviction, and often before you speak with a criminal lawyer. Child Protective Services may also open an investigation if children live in the home. Contact LaVine Law Firm right after an arrest so we can fight to shape your bond conditions and protective order terms from the start.
Domestic violence cases often rise or fall on credibility, physical evidence, and the circumstances of the original call or complaint. Our criminal defense lawyers examine every element of the prosecution's case before we build your defense strategy. As a family violence attorney with deep local experience, we know how Travis County handles these cases at every level.
False allegations are a real problem in domestic violence defense. Accusations of domestic abuse can be exaggerated, invented out of anger, or filed during a bitter divorce or child custody dispute. Even when the alleged victim recants or refuses to cooperate, Travis County prosecutors can still move forward. They use police reports, photos, 911 recordings, and officer testimony to build their case without the accuser's help.
Our defense strategy targets the weaknesses in the prosecution's narrative. We look for motives behind false allegations and gather evidence that contradicts the alleged victim's account. Common strategies include:
LaVine Law Firm has deep experience in cases where two people tell very different stories. We know how to present those contradictions to a jury.
Texas law recognizes self-defense as a complete defense to assault, including domestic assault. To raise this defense, you must show that you had a reasonable belief that force was needed right away to protect yourself from the other person's unlawful force. The law does not require you to retreat inside your own home before defending yourself.
Mutual combat situations create added complexity. When both parties were involved in the physical conflict, Travis County prosecutors must decide whom to charge. Injuries on both sides, defensive wounds, and the order of events all shape a self-defense claim. We collect medical records, injury photos, 911 call recordings, witness statements, and prior police reports involving the alleged victim. Every piece of evidence matters in proving you acted to protect yourself, not to cause harm.
Protective orders come in two forms. An emergency protective order is issued at the time of arrest and takes effect right away. A final protective order is sought through civil court, and protective order forms are filed in family courts where a judge reviews the evidence. Both restraining orders restrict your freedom in serious ways.
A court-issued protective order can bar contact with the alleged victim, remove you from your home, strip your right to possess firearms, and limit custody or visitation with your children. Violating a restraining order is a separate criminal offense. It can be charged as a Class A misdemeanor or a felony, depending on the circumstances. LaVine Law Firm can challenge the order at a hearing, fight overly broad conditions, and work to modify terms that disrupt your life without cause. These orders affect employment, housing, and family relationships long before any trial begins.
Austin offers resources for anyone involved in a domestic violence situation. Safe Alliance provides shelter, counseling, and legal advocacy for victims of domestic abuse in Travis County. The Keep Austin Safe initiative connects residents with community programs and safety planning. These organizations serve both alleged victims and families affected by accusations.
If you face charges, the right step is to speak with a federal criminal defense attorney or trained domestic violence lawyer who understands both state and federal consequences. LaVine Law Firm can guide you through the criminal case while helping you understand how family courts, Child Protective Services, and the District Attorney's office each play a role. We also coordinate with your family law attorney when custody or divorce proceedings overlap with your criminal defense.
No. In Texas, the criminal prosecutor at the District Attorney's office decides whether to prosecute. Travis County prosecutors can and do proceed without the alleged victim's cooperation. Learn more about what happens when a domestic violence victim doesn't want to press charges.
A first offense of domestic assault is a Class A misdemeanor. Prior convictions, strangulation, or use of a weapon can raise the charge to a second-degree felony or higher under aggravated domestic assault statutes.
Yes. A family violence conviction appears on your criminal record and on background checks. A misdemeanor family violence conviction cannot be expunged under Texas law.
A protective order may restrict contact. However, a family law attorney can work to protect your parental rights. Custody and criminal proceedings are handled in separate courts.
Texas law uses the term "family violence." It covers assault between household members, dating partners, and family members. "Domestic violence" is the common term for the same conduct.
Misdemeanor cases may resolve in weeks to a few months. Felony cases take longer. The timeline depends on evidence, negotiations, and Family Violence Court scheduling.
A domestic violence charge can reshape your life within hours of an arrest. LaVine Law Firm is ready to step in and fight for your rights from day one. We bring a focused, client-first approach to every domestic violence and family violence case across Austin and Travis County. Whether you need help understanding how to get domestic violence charges dismissed in Texas or want to know more about the chances of winning a domestic violence case, our team is here to guide you.
Contact us today for a free, confidential case evaluation. The consultation is without obligation to retain our firm. We respond quickly, protect your privacy, and answer your questions honestly. We serve clients throughout Austin, Travis County, and surrounding Central Texas communities. Call now to speak with our Austin criminal defense attorney team, a trained domestic violence lawyer who will stand in your corner.
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