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Criminal Defense

Texas Domestic Violence Laws

Domestic Violence Laws

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Texas Domestic Violence Laws: What You Need to Know

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John D.

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Domestic Violence Laws

In Texas, domestic violence is a serious criminal offense and has extreme legal consequences. The law explains what domestic violence means, who is protected by it, and what happens to those who break it.

It covers physical injury, threatening acts, and even some forms of emotional torment between persons living under the same roof or sharing a close relationship.

Texas Protective Orders can act as a shield between the abused and the abuser, placing punishments on whoever has been found guilty.

If you are seeking protection or the accused in a matter of abuse, it is very important for you to understand how the laws work. This will empower you to take appropriate action or assist you in avoiding costly legal mistakes concerning your rights and options under Texas law.

What Is Considered Domestic Violence in Texas?

In Texas, domestic violence is also known as family violence. That is when a family or household member abuses or threatens to injure another person in an act that causes fear or injury. Abuse does not necessarily mean hitting someone.

It could be pushing, slapping, choking, or making threats so severe that they cause the other party to feel unsafe.

Abuse does not necessarily mean hitting someone.

Under Texas Law, Domestic Violence Occurs When:

  • A person causes bodily injury to another who is a family or household member.
  • A person threatens to cause bodily injury to another who is a family or household member.
  • A person places another who is a family or household member in fear of imminent bodily injury.

The Law Covers Various Types of Relationships such as:

  • People who are married
  • People who have lived together or formerly lived together
  • People who are or were dating
  • Having a child together
  • Being related by blood or marriage

You don’t need to be injured to be protected. A person threatening you with violence is enough to consider it domestic violence in Texas.

Criminal Offenses Related to Domestic Violence

Texas does not have a separate charge titled “Domestic Violence”. Instead, the case is charged under the current attack or increased attack laws, if the victim is a family member of a domestic member.

1. Domestic Assault – Penal Code Section 22.01

This fee is used when a person deliberately or carelessly causes physical harm or threatens adjacent damage. For the first time, crime is usually a Class A misdemeanor, but the accused has a third-degree felony for the penalty for previous domestic violence.

2. Aggravated Assault – Penal Code Section 22.02

If the attack causes severe physical injury or involves the use of a deadly weapon, it is considered an intense attack. When it is committed against a family or a domestic member, it is charged as a second-degree felony, or in extreme cases as a first-degree felony.

3. Continuous Violence Against the Family – Penal Code Section 25.11

This unique law in Texas lets prosecutors charge individuals with a third-degree felony if they carry out two or more domestic attacks within 12 months-work arrests were made for advanced information.

4. Violation of a Protective Order – Penal Code Section 25.07

If a protective order has been given, a violation of it is a standalone criminal offense. Frequent fractures or violence-related violations can cause felony charges.

Penalties for Domestic Violence in Texas

The penalty depends on many factors: the severity of violence, the accused’s criminal history, the use of a weapon, and what order that was violated.

Crime Level Penalties:

  • Class A Misdemeanor: Up to 1 year in the county prison and up to $ 4,000 in fines
  • Third Degree Felony: 2 to 10 years in state prison and $ 10,000 in fines
  • Second degree Felony: 2 to 20 years in prison
  • First-degree Felony: 5 to 99 years or life in prison

Courts Can Also Impose:

  • Registration for a Batsman Intervention and Prevention Program (BIPP)
  • Community Authority or Trial Time
  • Restoration to the victim
  • Loss of weapons rights according to the Texas Act
Texas Act section 17.292 also prevents some individuals from having a firearm if they are subject to a protective order.

Protective Orders Available in Texas

Texas provides a number of protective orders issued by several types of courts to protect victims. These are civil orders, but violating them is a criminal offense.

1. Temporary Previous Sub -Protection Order

  • Fast and without being intoxicated
  • Stays up to 20 days with potential extensions
  • When there is an immediate risk of injury, it is used

2. Final Protective Order

  • Released after hearing of the full court
  • Severe violence, weapons use, or frequent cases related to crimes can last 2 years or more
  • Orders to stay home, work, or school may include surrendering firearms or participating in consultation

3. Magistrate's Order for Emergency Safety (MoEP)

  • Family violence is often released by a judge after arrest
  • Lives between 31 and 91 days
  • A weapon or serious injury can be issued without the request of the victim

The Texas Act requires that law enforcement implement all the valid protective orders issued by the courts, including persons from other states.

Defending Against Domestic Violence Charges in Texas

It is serious to be accused of domestic violence. The Texas Act allows rapid action, as a guarantee and arrest without temporary preventive orders, even though the claims have been dropped later.

Anyone facing these claims should immediately talk to a professional. The condition of the first legal procedure may separate status, protective order hearing, and the end result of the case.

General Rescue:

  • False claims – often seen in custody battles or divorce
  • Self-defense relatives worked to save themselves
  • Lack of intention or evidence – no reliable danger or physical loss is proven
  • Mutual conflict – both sides were involved in physical change

Texas’s courts let a jury or judge hear evidence from both sides. However, allegations of domestic violence are not easily dismissed, especially when the state believes the prosecuting authority is in public interest.

Long-Term Consequences of a Conviction

Even abuse in Texas carries a long-term influence of punishment for home violence. Unlike some other crimes, many errors in family violence can not be terminated or sealed, especially if a guilty plea or crime is discovered.

Long-term Effects:

  • Permanent criminal journal
  • Loss of weapons rights (Texas Act and Federal Law)
  • Forbidden visits or custody in family law
  • Refusal of residential or price applications
  • Limited job opportunities, especially in health care, education, and law enforcement

Final Thoughts

The law on domestic violence in Texas is strict and wide. Whether you require security or face claims, the results are serious, ranging from time to time, impact on your rights, family, and future. 

Understanding how the law works is your first step towards informed decision-making. If you are involved in the case of home violence, do not face it alone. The team of L&L Law Group is here to protect your rights, guide you through the legal process, and help you take the right steps. Contact us today for experienced legal support located in Texas.

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Criminal Defense

DWI Arrest in Texas

DWI Arrest in Texas

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What Happens After a DWI Arrest in Texas?

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John D.

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DWI Arrest in Texas

For anyone, getting arrested for a DWI in Texas can feel overwhelming, especially when it is your first time dealing with the legal system. Within seconds, you’re in handcuffs and facing serious consequences. But what actually happens after the arrest?

This guide breaks it down step by step and walks you through the entire process. From the moment the officer pulls you over to what happens in court and beyond.

You’ll also learn what to expect, what decisions matter most, and how one event can affect your life going forward. This article will help you understand what really comes next after a Texas DWI arrest.

The Traffic Stop and Arrest

Suppose you are being pulled over for swerving through traffic, speeding, or running a busted light.

If they find anything foul, they might ask you to go through some tests. Basic tests like walking in a straight line or blowing into a breathalyzer. If you don’t pass, you’ll probably get arrested right away at that moment.

The officer puts you in handcuffs, reads your rights, and takes you to jail. That’s when things get real.

Booking and Jail Time

After an arrest, the accused is taken to the local jail. In the jail, a book or place where one is held, the defendant will go through the process of booking or having his picture taken, his fingerprints taken, his personal information recorded, and so on.

While that is never any fun, it is routine. There could be some hours spent in the holding cell or perhaps overnight.

It might be that they could post bail and walk away quite fast. Car towing is yet another issue to be tackled later. It is an anxious night ahead, but a whole new story is yet to come.

License Suspension and the ALR Hearing

After the arrest, your license can get suspended even before your day in court. The ALR, or administrative license revocation, is a legal procedure through which your license gets suspended in these circumstances.

Therefore, you have a period of 15 days to request a hearing to challenge the suspension.

If that period expires, one’s driving license faces automatic suspension. This hearing is not to decide guilt. It determines if your license stays or goes, so do not ignore it.

It is important to take care of these things first.

First Court Appearance

Besides being called the first court date, the arraignment is also when the charges are read to you.

As a matter of fact, you enter a plea of guilty, not guilty, or no contest to those charges. Incase, you don’t have a lawyer, during this time you can get one.

The judge may set bail or conditions for bail in your case, including prohibitions against alcohol or drug use. This hearing is brief but very important as it starts your case.

What Takes Place During the Arraignment?

The judge explains your rights and reads the charges. Further,it will ask you to enter a plea.

Is it safe enough to enter a Guilty or Not Guilty Plea?

First, consult a lawyer if you’re unsure. However, most of the people enter not guilty pleas to purchase time to prepare a case.

Evidence Review and Pre-Trial Procedure

Both parties collect evidence before the trial. This includes witness testimony, police records, films, and the findings of blood or breath tests.

If your rights were infringed upon during the arrest, your attorney may attempt to have specific items excluded.

They may also attempt to negotiate a plea agreement. It all comes down to determining the best course of action for your circumstances.

The DWI Trial (If It Goes That Far)

If your case isn’t dropped or settled, it heads to trial. That’s where things get more serious.

A judge or jury will hear both sides, you and the state. Your lawyer will try to prove there’s not enough evidence, and the other side will argue that you were driving drunk.

You don’t have to speak, but witnesses and test results may be used. At the end of the day, the judge or jury decides if you’re guilty or not.

Sentencing and Penalties

If found guilty, you will receive a penalty from the court. Fines, probation, community service, required classes, or even jail time could result.

Additionally, the judge may mandate that you equip your vehicle with an ignition interlock system.

Your blood alcohol content, whether this is your first offense, and whether anyone was harmed affect the penalties.

Typical Texas DWI Penalties

  • $2,000 in fines for a first offense
  • 3 to 180 days in jail
  • Suspension of license for 1 year
  • Required DWI education courses

Is it an Ignition Interlock Device Necessary?

Yes, absolutely, an Ignition interlock device is necessary in cases of high blood alcohol content or repeat offenders. To start your car, you will need to blow into the gadget.

Life After a DWI Conviction

Having a DWI on your record follows you for the rest of your life, not just in court. It may increase your auto insurance, negatively impact your employment prospects, or prevent you from renting a particular property.

Certain licenses or colleges may be more difficult to obtain. Even international travel may provide challenges.

The best action is to take what you can from it, abide by all court rules, and try to turn your life around.

Can You Get It Off Your Record?

In some cases, yes, you may be able to remove your record! If your case was dismissed or if you completed something called deferred adjudication, then you might be eligible for sealing or expungement.

This means it will not be visible to anybody else in a background check. Please note that it is not automatic you will have to apply! You can also use a lawyer to help determine if you qualify.

Final Thoughts

A DWI arrest is a severe scenario that can affect your freedom, finances, and perhaps most importantly, your future. You may make better decisions, reduce risks, and avoid future concerns.

If you know what occurs in a DWI case from the first stop to court appearances, license issues, and beyond. Additionally, there are ways to go on, follow the law, and start again even after being found guilty.

The most crucial things are to take prompt action, keep yourself informed, and get appropriate legal assistance.

You don’t have to face the overwhelming experience of being charged with DWI alone. Our Texas DWI lawyers at L&L Law Group possess the requisite expertise.

To defend your rights and support you during this difficult process. Get started on the road to a better result right now by getting in touch with us for a free consultation.

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Criminal Defense

Common Probation Violations In Texas And How To Avoid Them

Common Probation Violations

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Top 7 Common Probation Violations In Texas And How To Avoid Them

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John D.

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Probation in Texas offers a second chance, but it’s not without strict rules. Instead of serving time behind bars, individuals may be allowed to remain in their community under court – ordered supervision. While it comes with more freedom than incarceration, that freedom depends on full compliance.

From check-ins with your probation officer to drug testing and travel restrictions, every condition matters. Even one mistake, intentional or not, can trigger a violation, leading to serious consequences like extended supervision or jail time.

In this blog, we’ll explore the top probation violations in Texas and give you practical advice on how to avoid them.

What Is A Probation Violation In Texas?

You can be considered in violation of probation if you don’t follow the specific terms the court has ordered. These conditions might include staying drug-free, showing up for appointments, completing programs, paying restitution, or avoiding new arrests.

In Texas, some violations result in warnings, but others can lead to a motion to revoke probation, court hearings, stricter terms, or jail time. Understanding what triggers these outcomes – and how to prevent them – is essential to completing your probation successfully.

7 Common Probation Violations In Texas

Here’s a breakdown of the most frequent probation violations in Texas,along with tips to help you stay compliant.

1. Failing To Report To Your Probation Officer

Missing scheduled check-ins with your probation officer is one of the most common and preventable violations. These appointments are legally required. Skipping even one without notice can result in a warrant or harsher supervision.

How To Avoid It:

Treat these appointments like court dates. Set phone reminders or calendar alerts. If something urgent comes up, contact your officer immediately and explain the situation.

2. Failing A Drug Or Alcohol Test

Texas courts take drug and alcohol violations seriously. Failing a test, even once, can be enough to violate your probation, especially if the original offense involved substance use.

How To Avoid It:

Stay away from places or situations where you might be around alcohol or drug use. If you’re dealing with addiction, don’t stay silent. Many programs can help, and seeking support early shows the court you’re making an effort.

3. Missing Court-Ordered Programs Or Classes

Missing any required class – whether it’s anger management, counseling, or service hours – can be seen by the court as breaking your probation terms.

How To Avoid It:

Track your schedule carefully. If you get sick or face a legitimate emergency, contact your probation officer or the program in advance to reschedule.

4. Getting Arrested For A New Offense

Even a small arrest while on probation can be treated as a violation, regardless of the outcome. The court may consider the arrest a sign that you’re not following the law, even if charges are later dropped.

How To Avoid It:

Stay out of risky situations and away from people involved in criminal behavior. Think twice before putting yourself in situations that might escalate or draw police attention.

5. Traveling Without Permission

Most people on probation in Texas are limited to a specific jurisdiction. Leaving your county or state without permission – even for a day – can trigger a violation.

How To Avoid It:

Always request written travel approval before making plans. Talk to your officer well in advance, especially if it’s for work or a family emergency.

6. Not Paying Fines Or Restitution

Financial obligations like court fees, victim restitution, and supervision costs are part of many probation agreements. Failing to pay – regardless of intent – can still be considered a violation.

How To Avoid It:

Let your probation officer know as soon as possible if you’re having trouble keeping up with required payments. Your probation officer can help set up a payment plan or grant an extension. Don’t ignore the issue – it won’t go away on its own.

7. Failing To Maintain Employment Or School Enrollment

Many probation terms require individuals to stay employed or attend school. It shows you’re working toward a stable, productive life. Losing a job or dropping out without reporting it can be flagged as noncompliance.

How To Avoid It:

Keep records like pay stubs or school schedules. If your situation changes, notify your officer right away. Communication shows you’re taking responsibility.

Common Probation Violations


Tips For Avoiding Probation Violations

To help you stay compliant and avoid setbacks, follow these simple but effective strategies:

  • Use a personal compliance calendar:
    Keep all deadlines and appointments in one place – digital or on paper. Mark everything clearly and check it daily.

  • Stay in contact with your probation officer:
    If something comes up, don’t wait. Call or email your officer as soon as possible. Early communication builds trust.
  • Get legal advice if needed:
    Don’t make assumptions about what’s allowed. If you’re unsure about any terms, consult an attorney or ask your officer directly

Conclusion

Probation in Texas gives you a chance to avoid jail and move forward with your life – but it’s not without responsibility. Each condition matters, and even minor violations can cause major problems.

Most violations happen because people don’t understand the rules or fail to communicate when something goes wrong. But with a little planning, open dialogue, and a proactive attitude, you can successfully complete your probation and stay on the right path.

Schedule a free consultation at L and L Law Group and tell us about your situation – we’ll help you understand your options and what to expect.