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 Montgomery County domestic violence lawyer defends people accused of family violence in a county that takes these cases seriously. The Montgomery County DA's Office set up a specialized Domestic Violence Unit in 2011. This unit has its own prosecutors, victim assistance staff, and fast-tracked court dockets built to move cases faster than standard criminal cases. The stakes are real: 1 in 3 Texans will face domestic violence in their lifetime, and family violence-related deaths across Texas held at 465 in 2024, still 150% higher than the 186 deaths recorded in 2017 (Texas Council on Family Violence). Texas reported 803 family violence incidents per 100,000 residents in 2024, and Montgomery County's rapid growth has pushed the volume of domestic violence cases in Conroe courts higher each year (Understanding Houston / Texas DPS).
The Montgomery County DA also partners with the Montgomery County Women's Center through the DV-COAP collaboration. This gives the prosecution more tools for investigation and case building. We counter that aggression with experienced criminal defense, thorough investigation, and trial-ready preparation.
We defend people accused of family violence offenses across Montgomery County, from Conroe and The Woodlands to Spring, Magnolia, and Willis. The DA's specialized DV docket pushes domestic violence charges through the court system fast. That means defendants need a criminal defense attorney who can keep pace and step in early to protect their rights. These accusations are among the most emotionally charged criminal cases. They often arise from heated arguments, child custody disputes, or situations in which both parties share blame.
We act fast on every case. Our team launches an immediate investigation, challenges the accuser's story, gathers independent evidence, and builds a defense ready for the accelerated Montgomery County DV timeline. We have earned not guilty verdicts in assault family member cases and over 700 total cases dismissed across all practice areas. We offer free confidential consultations, affordable payment plans, and 24/7 availability. Call us at 713-965-7305 for immediate help.
Montgomery County handles domestic violence proceedings differently from most jurisdictions. The DA uses a dedicated unit with specialized dockets. This setup means faster timelines and more focused prosecution resources. Knowing how this system works is key to building a strong defense. Below, we explain what defendants face from the moment of arrest.
The Montgomery County DA's Domestic Violence Unit funnels assault-causes-bodily-injury cases involving family members or dating violence into special dockets. These dockets run on a separate track from the general criminal calendar. Cases reach a judge faster, prosecutors stay more involved from the start, and resolutions come sooner than on a standard docket.
The DV-COAP partnership between the DA and the Montgomery County Women's Center adds even more resources to the prosecution's side. Advocating domestic violence cases from the state's perspective means more staff, more evidence gathering, and more pressure on defendants. The defense must match that level of preparation to avoid being overwhelmed.
Protection orders in Montgomery County are handled by the Montgomery County Attorney's Office, separate from the criminal case. This creates a two-front legal battle for the accused. A person can face domestic violence charges in criminal court and a petition for a protective order in family court at the same time. We defend clients on both fronts and fight to protect access to their homes, children, and future.
When police arrest someone for domestic violence in Montgomery County, a magistrate can issue emergency protective orders that last 31 to 91 days. These orders block the defendant's contact with the alleged victim and cut off access to their shared home. An ex parte protective order can be issued without the defendant present or able to respond. The criminal repercussions of breaking these orders are harsh.
Judges in Montgomery County impose strict bond conditions in family violence cases:
Breaking an emergency protective order or bond condition is a separate criminal offense. It can lead to bond revocation and new criminal charges. We push for reasonable bond terms at the earliest stage to limit disruption to the defendant's life, job, and time with their children. Early action by a criminal defense lawyer can mean the difference between weeks in jail and going back to work the next day.
Texas sorts domestic violence offenses by the severity of the injury, the defendant's record, and the specific conduct involved. Penalties range from misdemeanor jail time to decades in state prison. Knowing the charge you face helps you make smart choices about your defense. Below, we outline each classification and explain how we build a defense in Montgomery County family violence cases.
Texas law sets escalating penalties for domestic violence charges based on the facts of the offense. The Texas Penal Code defines the following levels:
A domestic violence conviction also strips away gun rights. Texas law imposes a five-year ban on owning firearms. Federal law under the Lautenberg Amendment adds a lifetime ban. These rules apply even to misdemeanor family violence convictions.
We follow a proven defense method for family violence charges in Montgomery County. Every case is different, but our approach covers the areas that shape outcomes in domestic violence proceedings:
The accelerated DV docket in Montgomery County shrinks the window for pretrial motions and evidence gathering. That makes early attorney involvement critical. We have a strong record of assault family-member dismissals and acquittals in Montgomery County courts, including cases heard at the Municipal Court level.
No. The Montgomery County DA's Office decides whether to prosecute family violence charges, not the accuser. The state can move forward using 911 calls, police reports, and other evidence, even if the victim takes back their statement:
- Prosecutors lean on recorded statements, medical records, and officer observations
- The accuser's wishes do not control the case outcome
- A criminal defense attorney can attack the remaining evidence and push for dismissal
Faster than standard criminal cases. The DA's specialized DV docket speeds up family violence cases. Defendants may face hearings and deadlines sooner than they expect. Early legal help is critical:
- Arraignment and bond hearings happen within days of arrest
- Pretrial conferences land on a tighter schedule
- The window to file motions and gather evidence is shorter
Not until the order expires or a judge changes it. Breaking emergency protection orders is a separate criminal offense that can result in a new arrest and additional criminal charges. A civil protection order or Stalking And / Or Sexually Oriented Offence Protection Order may also be in effect. We challenge protection orders at hearings and fight for your access to your home and family.
Yes. Family court judges weigh domestic violence claims when they make child custody decisions. A conviction or active protective order can limit visitation and shape the court's best-interest analysis:
- Courts may issue a temporary custody order that cuts access to children
- A final protective order can change long-term custody plans
- Emergency family maintenance and child support issues may come up
-Family law cases that involve violence get extra scrutiny from judges
We also handle related family law matters and work with clients who need a child support delinquency lawyer tied to their domestic violence case.
Yes. Assault by blocking the breath or blood flow of a family member is a third-degree felony, even on a first offense with no prior record. The Texas Penal Code §22.01(b-3) treats strangulation as one of the most serious family violence-related charges. Montgomery County prosecutors chase these cases hard and often seek enhanced penalties.
Yes. Any licensed Texas attorney can practice in Montgomery County. Our criminal defense lawyer team regularly defends clients in the Conroe courts. We know the prosecutors, judges, and courtroom patterns that shape outcomes in Montgomery County family violence cases. Support groups like the Domestic Violence Hotline and the Family Justice Center serve victims, but defendants deserve strong legal representation too.
Montgomery County's specialized DV prosecution system moves fast. The window to build a strong defense shrinks with each day after arrest, especially with emergency protective orders and accelerated court dates already in play. Acting early protects the defendant's access to their home, their children, and their gun rights. Do not face these criminal charges without experienced defense counsel on your side.
At LaVine Law Firm, we have secured the dismissal of over 700 cases across all practice areas. That includes not guilty verdicts in assault family member cases. We bring deep knowledge of Montgomery County's DV docket, local prosecutors, and court procedures to every case. We offer free confidential consultations, affordable payment plans, and 24/7 availability for urgent arrests. Call us at 713-489-7734 to speak with a criminal defense attorney who will fight for your rights.
We serve clients in Montgomery County, Conroe, The Woodlands, Spring, Magnolia, Willis, New Caney, Harris County, Fort Bend County, and Galveston County. When your freedom, your family, and your future are on the line, Better Call Brian.
Free confidential consultations
Aggressive representation
Affordable payment plans
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