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 Houston domestic assault lawyer knows that a single accusation can turn your life upside down. If you face domestic violence charges in Houston, you need a criminal defense attorney immediately. These cases can lead to arrest, protective orders, jail time, immigration problems, a child custody battle, and a permanent criminal record. Call us now at 713-965-7305 to discuss your case. We defend clients across Houston and Harris County.
We understand how frightening these allegations feel. Domestic assault charges often involve spouses, dating partners, roommates, former partners, parents, children, or other family members. An alleged victim may claim you caused bodily injury, made threats, or used unlawful force. The criminal justice system moves fast, and you need a defense lawyer who will fight for you immediately.
At LaVine Law Firm, we handle domestic violence cases across the Houston area. We provide a strong defense strategy tailored to your unique situation. Our experienced domestic violence attorney team reviews every detail of your arrest and builds a defense designed to win.
Our Houston domestic violence defense strategy includes:
We bring extensive experience to criminal defense cases. Our team understands the criminal justice system and knows how prosecutors build their cases. We fight to protect your rights and keep you out of prison. Every domestic violence defense starts with a careful investigation of the alleged act.
Under Texas law, domestic assault is prosecuted under Texas Penal Code Section 22.01 – Assault. These charges apply when someone intentionally, knowingly, or recklessly causes bodily injury to a household member, family member, or person in a dating relationship. Emotional abuse alone may not trigger charges, but threats of imminent physical harm and physical contact often do.
The Texas Family Code Chapter 71.004 defines family violence broadly to reflect how abuse actually occurs. This broad definition, created by the Texas Legislature itself, means many situations can lead to domestic violence crimes. According to the Houston Police Department family violence resource, Texas Family Code Chapter 71 includes acts by a family or household member intended to cause physical harm, bodily injury, assault, sexual assault, or threats of imminent physical harm.
People often search for both a Houston domestic assault lawyer and a Houston domestic violence attorney. The terms overlap, but there are technical differences. Domestic violence is a broader term that includes emotional abuse, threats, and controlling behavior.
Domestic assault usually refers to an assault allegation involving a family, household, or dating relationship. At LaVine Law Firm, we handle all types of domestic violence cases. We help clients facing family violence charges regardless of what name the law uses.
Texas law protects a wide range of relationships in domestic violence cases. An alleged victim can be a current or former spouse, a dating partner, or a parent of the same child. The law also covers relatives by blood or marriage, roommates, and foster children.
Here are the qualifying relationship categories:
The relationship status affects how prosecutors classify your case. If you are accused of domestic violence, the alleged victim's relationship to you determines the charge type.
Houston domestic violence charges vary based on the circumstances of the alleged incident. An experienced domestic violence attorney must understand each charge type to build an effective defense. Here are the most common charges our law offices handle.
This is one of the most common domestic violence charges in Harris County. The prosecution must prove you caused bodily injury to a family member or household member. Bodily injury can include pain, bruising, redness, swelling, scratches, or other claimed injuries.
Police may arrest based on statements, visible marks, or witness accounts. An alleged victim does not need visible injuries to trigger charges. We challenge weak evidence and insufficient evidence to fight these accusations.
Domestic assault does not always require serious bodily injury as defined by Texas Penal Code Section 22.02. Threats can trigger charges if the alleged victim claims fear of imminent harm. Offensive contact may involve unwanted touching that the other party finds provocative or insulting.
These domestic violence accusations can be harder to prove. The defense may focus on intent, context, credibility, or lack of evidence. False accusations often arise in these lower-level allegations. We investigate every claim carefully.
Aggravated domestic assault involves more serious allegations. This charge may apply when the alleged act causes serious bodily injury or involves a deadly weapon. Strangulation or choking allegations also fall into this category.
Under Texas Penal Code Section 22.02 – Aggravated Assault, an offense is a second-degree felony. It becomes a first-degree felony if the deadly weapon is a firearm or the alleged victim is a public servant. These cases require immediate defense work because of significant felony exposure. Self-defense may still apply, but the stakes are much higher.
After a domestic assault arrest in Harris County, the process moves quickly. The police investigate and may make an arrest at the scene. Harris County follows a mandatory arrest policy for family violence calls. Someone will go to jail if officers believe an assault occurred.
Here is what happens next:
The alleged victim cannot simply drop the case. Prosecutors may continue even if the person changes their mind. The case belongs to the state, not the complainant.
After an arrest, the judge sets bond conditions that restrict your freedom. In domestic violence cases, conditions almost always include no contact with the alleged victim. You cannot communicate directly or through third parties. You cannot return to the shared residence.
Other common restrictions include:
Violating bond conditions creates new legal problems. Do not contact the alleged victim under any circumstances. Call your defense attorney first.
The short answer is no. The prosecutor controls whether domestic violence charges continue. The alleged victim does not have the power to drop the case.
Recantation does not automatically end the case. As noted on LaVine Law Firm's blog, the decision to prosecute is solely within the Harris County district attorney's purview. We know how to challenge these situations and fight for dismissal.
Penalties for Houston domestic assault depend on the facts and your criminal history. A first-time offense involving bodily injury is typically a Class A misdemeanor. However, aggravating factors can dramatically increase exposure.
The Texas Penal Code outlines several penalty levels:
The Houston Chronicle reported that Harris County domestic violence killings rose from 35 in 2023 to 47 in 2024, a 34% increase. Statewide Texas figures fell from 205 to 161 during the same period. This explains why prosecutors treat domestic violence cases so seriously in Harris County.
A first-time misdemeanor domestic assault charge carries serious consequences. You face up to one year in county jail and fines up to $4,000. The judge may also order probation, counseling, or battering intervention programs.
A domestic violence conviction at the misdemeanor level still creates a permanent criminal record. You may lose firearm rights and face restrictions in custody or divorce cases. Even a misdemeanor family violence finding can affect your life for years.
Felony domestic violence charges carry much steeper penalties. Cases become felonies when certain aggravating factors exist. A prior domestic violence conviction can elevate a new charge to a third-degree felony. Strangulation or choking allegations also trigger felony exposure.
Aggravated domestic assault involving a deadly weapon or serious bodily injury is a second-degree felony. You face 2 to 20 years in prison and fines up to $10,000. In extreme cases, a first-degree felony (5 to 99 years) may apply. Felony consequences include exposure to a prison sentence, firearm restrictions, employment barriers, and reputational damage.
A domestic violence conviction affects more than just jail time. Your family members may be impacted by custody or visitation restrictions. A child custody battle almost always becomes more difficult after a domestic violence conviction. The family court may limit your parenting time due to ongoing mental health and safety concerns raised by the prosecution.
Additional consequences include:
These consequences last long after the criminal case ends. A domestic violence conviction can follow you for life. That is why building a strong defense strategy from day one is so important.
Defending against domestic assault charges requires a strong defense strategy tailored to your case. A skilled Houston domestic assault lawyer can raise several defenses depending on the facts. Self-defense is one of the most common and effective defenses.
Here are key defense angles to consider:
Do not contact the alleged victim or pressure anyone to change a statement. That can lead to new criminal charges. Speak with a defense attorney before doing anything.
Self-defense applies when you use reasonable force to protect yourself from imminent physical harm. Under Texas Penal Code Section 9.31, you have the right to use force if you reasonably believe it is necessary to protect yourself from unlawful violence.
Injuries on both sides may support a self-defense claim. Medical records, photos, and witness statements can show that you were defending yourself. The first person to call the police is not always the true victim. We investigate thoroughly to present the complete picture.
False accusations of domestic violence happen more often than people think. Breakups, custody disputes, jealousy, immigration pressure, housing disputes, or retaliation may motivate someone to lie. False claims can destroy your reputation and freedom.
Defense work should compare statements, timelines, photos, and digital evidence. We look for contradictions between what the alleged victim told police, what they later said, and what the physical evidence shows. Avoid attacking the alleged victim recklessly. Instead, frame the defense around evidence and facts.
Yes. A first domestic violence call can lead to jail time. This serious crime carries a maximum penalty of up to one year in jail for a misdemeanor.
Yes. A Houston domestic violence lawyer understands that in Texas domestic violence cases, prosecutors proceed even without the victim. Domestic violence lawyers are essential.
Yes. Charges can affect custody, especially if child abuse or dating violence is alleged. Domestic abuse cases often impact family court decisions.
Police reports, domestic violence call recordings, photos, medical records, and witness statements. An experienced attorney will review all alleged domestic violence evidence.
Yes, if you used defensive measures against an imminent threat. Self-defense is valid when facing aggravated assault or bodily harm.
Avoid contact, preserve evidence, and follow court orders. Speak with an experienced attorney immediately to fight false allegations and criminal penalties.
Protect Your Rights with a Free Case Review
If you face domestic violence charges, do not wait. The legal process moves quickly, and every day matters. Contact LaVine Law Firm today for a confidential consultation.
Call our Harris County office at 713-965-7305 to speak with a Houston domestic assault lawyer. We defend people accused in cases involving family members, an alleged victim, self-defense, aggravated domestic assault, or false accusations. Our team has extensive experience in family court and criminal defense. Let us fight for your loved ones, your freedom, and your future.
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