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At LaVine Law Firm, our Harris County domestic violence lawyer defends individuals who face the immediate and severe consequences of a family violence accusation. In Harris County, police officers often make arrests on the spot, and judges can issue an emergency protective order within hours. The stakes are high: in 2024, law enforcement agencies across Texas filed more than 49,000 misdemeanor and felony domestic violence assault charges, and close to 12,000 of those originated in Harris County alone (Texas Office of Court Administration / Houston Landing). Harris County reported 803 family violence incidents per 100,000 residents in 2024, a rate that exceeds statewide averages (Understanding Houston / Texas DPS). We protect the rights of every person accused of domestic violence in Harris County, and we fight to keep your future intact.
A domestic violence arrest does not equal guilt. Many domestic violence criminal cases involve false allegations, mutual combat situations, or exaggerated claims made during emotional disputes. We investigate every case from the ground up, challenge the prosecution's evidence, and build a criminal defense tailored to your circumstances. Our Houston domestic violence lawyers never assume the state's version of events tells the full story.
The Harris County District Attorney's Office recently expanded its Family Violence Unit with a $7 million investment and 68 support staff members dedicated to prosecuting these criminal cases. That means you need a defense team that matches the state's resources and preparation. We offer free confidential consultations, affordable payment plans, and 24/7 availability. Call us at 713-965-7305 for immediate legal guidance.
Texas prosecutes domestic violence under several overlapping statutes, each with different elements and penalty ranges. The charges fall under Title 5, Chapter 22 of the Texas Penal Code and related sections. Below, we break down the specific charges you may face.
Assault family member means intentionally, knowingly, or recklessly causing bodily injury to a family member, household member, or current or past dating partner. A first offense is a Class A misdemeanor that carries a maximum of one year in county jail and a $4,000 fine. The charge rises to a third-degree felony if the defendant has a prior domestic violence conviction.
The Texas Family Code broadly defines "household member" under Sections 71.003 and 71.004. This includes spouses, ex-spouses, co-parents, roommates in shared housing, relatives by blood, and dating partners. The wide scope of this definition means that assault charges in many relationships can trigger the domestic assault label and its enhanced penalties.
Aggravated domestic assault occurs when a person causes serious bodily injury or uses a deadly weapon against a family or household member. This is a first-degree felony that carries a sentence of 5 to 99 years or life in prison. The penalties reflect how seriously Texas law treats intimate partner crimes involving weapons or severe injuries.
The distinction between "bodily injury" and "serious bodily injury" matters in these cases. Bodily injury means physical pain, illness, or impairment. Serious bodily injury involves risk of death, permanent disfigurement, or loss of function. We have secured not guilty verdicts in assault family member cases by challenging the prosecution's evidence on this exact issue.
Continuous violence against the family applies when a person commits two or more acts of domestic assault within a 12-month period. The prosecution does not need prior charges or convictions for those earlier incidents. This is a third-degree felony that carries a sentence of 2 to 10 years in prison and a fine of up to $10,000.
This charge is dangerous because prosecutors can use uncharged prior incidents as evidence to support the allegation. It also allows the state to pursue felony domestic violence prosecution even when each incident would otherwise be a misdemeanor. We take these cases seriously and challenge every piece of evidence the state presents. Our criminal defense team examines the timeline, witness credibility, and the circumstances behind each alleged incident.
Domestic violence convictions in Texas carry both criminal penalties and far-reaching collateral consequences that touch every area of life. Understanding the full picture helps you make informed decisions about your defense. Below, we outline what you face at sentencing and beyond.
Harris County judges impose sentences based on the offense level. The penalty tiers under Texas law are:
Beyond incarceration, judges in Harris County can also impose probation, mandatory anger management classes, batterer's intervention programs, and community service. Bond conditions in domestic violence criminal cases often include no-contact orders and GPS monitoring. A sentencing offer or plea deal from the prosecution may seem tempting, but you should never accept one without consulting a Houston criminal defense attorney first.
The consequences of a domestic violence conviction extend far beyond jail time. They follow you into every part of your life:
An effective defense starts with a thorough investigation and a clear understanding of the unique dynamics in domestic violence cases. We know that these cases often come down to one person's word against another's. Our legal action plan targets the weaknesses in the prosecution's case from day one.
We use proven defense strategies to fight domestic assault and family violence charges. Our approach covers every angle:
We have a strong track record in assault family member dismissals and not guilty verdicts. We are aggressively defending family assault charges across Harris County and Southeast Texas, including Brazoria County. Our goal is to protect your freedom, your family, and your future. We work to rebuild trust with the court system and position you for the best possible outcome.
The prosecutor decides whether to pursue criminal charges, not the alleged victim. Even if the accuser recants, the state can proceed using other evidence:
- 911 call recordings and domestic violence reports
- Police officer observations and body camera footage
- Medical records and photographs of injuries
- Statements from neighbors or witnesses
The judge sets bond, may issue a magistrate's order or emergency protective order, and imposes conditions such as no contact with the alleged victim. A Houston criminal defense attorney can advocate for reasonable bond terms at this hearing. The court system in Harris County moves fast on these cases, so you need representation from the start.
A conviction under either federal or Texas law prohibits the possession of firearms. Even a Class A misdemeanor domestic violence conviction triggers a five-year firearm ban after supervision ends. This applies to all intimate partner crime convictions, including assault with family violence. If you own firearms, your defense strategy must account for this risk from the beginning.
No. A first-offense assault family member charge is a Class A misdemeanor under the Texas Penal Code. It becomes felony domestic violence under several circumstances:
- The defendant has a prior domestic violence conviction
- The assault causes serious bodily injury
- The defendant uses a deadly weapon
- Strangulation or choking is involved
Yes. A defense attorney can challenge a restraining order or protective order at a hearing by presenting evidence and cross-examining witnesses. A temporary ex parte order remains in effect until a full hearing. The Harris County Domestic Violence Coordinating Council tracks domestic violence data across the county, and the Texas Family Violence Resource Center provides additional public safety resources. We represent defendants at protective order application hearings and fight to protect your access to your home and children.
Family courts consider domestic violence allegations when determining child custody arrangements. A conviction or protective order can restrict visitation rights and influence the court's best-interest-of-the-child analysis. Family law judges may order supervised visitation, modify spousal support, or change an existing joint managing conservatorship. The Family Criminal Law Division of the Harris County DA's Office works with the family court to coordinate these cases. We defend your parental rights at every stage.
Domestic violence charges move fast in Harris County. Prosecutors in the expanded Family Violence Unit pursue these cases with significant resources, and a protective order can separate you from your home and children within hours. Early legal intervention protects your rights, your access to shared housing, and your relationship with your family. Every day without a defense attorney working on your case puts you at greater risk.
At LaVine Law Firm, we have secured over 700 cases dismissed and not-guilty verdicts in assault-family-member cases. We offer free confidential consultations, affordable payment plans, and 24/7 availability for urgent matters. Call us at 713-489-7734 to speak with a Houston criminal defense attorney who will fight for your future. We serve clients in Harris County, Houston, Fort Bend County, Montgomery County, Galveston County, and surrounding communities across Southeast Texas. Better Call Brian.
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