FAMILY VIOLENCE DEFENSE
Violation in Family Violence Cases = Fast Arrest
Verified Credentials
Reggie & Njeri London
Co-Founding Partners
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Quick Answer
Bottom line up front: Family violence charges under Penal Code § 22.01(b)(2) plus CCP 42.013 finding attach lifetime federal firearm restriction under 18 U.S.C. § 922(g)(9). Affidavits of Non-Prosecution don't dismiss, but mitigation packages move many Collin and Dallas County prosecutors.
Texas legal context
- For the canonical L and L Law Group reference framework on Texas criminal procedure, see the defense process Guidebook covering investigation, arrest, bond, trial, sentencing, appeals, and record-clearing.
- Texas statute of limitations under CCP Article 12.01 varies by offense. Most misdemeanors carry a 2-year limit; most felonies a 3-year limit; many sexual offenses against children have no limitation. SOL analysis applies to every violation in family violence cases = fast arrest case touching older conduct.
- Texas criminal cases involving violation in family violence cases = fast arrest require careful analysis of the specific facts, the controlling Texas Penal Code or Code of Criminal Procedure section, and the county prosecution practices. At L and L Law Group, our analysis begins with the indictment or information and walks back through the investigation.
- In Collin, Dallas, Denton, and Tarrant counties, prosecutorial discretion shapes how cases like violation in family violence cases = fast arrest resolve. The first 30 days after arrest are critical — that is when pretrial diversion, bond conditions, and informal disposition are most flexible.
- Constitutional defenses applicable to violation in family violence cases = fast arrest include the Fourth Amendment (search and seizure), Fifth Amendment (self-incrimination), and Sixth Amendment (right to counsel and confrontation). The Texas Constitution Article I provides parallel — and sometimes broader — protections.
Authored by L and L Law Group, PLLC. (972) 370-5060. info@landllawgroup.com.
Key Legal Terms
- Family Violence (CCP 42.013)
- Code of Criminal Procedure Article 42.013 finding that an offense involved family violence as defined in Family Code § 71.004. The finding attaches lifetime federal firearm restriction under 18 U.S.C. § 922(g)(9) — a collateral consequence broader than the state sentence.
- MOEP (Magistrate's Order for Emergency Protection)
- Order under CCP Article 17.292 issued at first appearance in family violence cases. Runs 31, 61, or 91 days depending on offense and can prohibit contact, exclude defendant from residence, and restrict firearm possession. Modifiable on motion.
- Affidavit of Non-Prosecution
- Sworn statement by the complaining witness requesting dismissal of family violence charges. Does NOT require dismissal — only the prosecutor can dismiss. But ANPs paired with strong mitigation move prosecutors in many cases.
- Continuous Family Violence
- Texas Penal Code § 25.11 offense: two or more family violence assaults within 12 months by the same defendant against family or household members. Third-degree felony regardless of underlying assault classification.
Our Experience
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the penalty for family violence assault in Texas?
A first-offense family violence assault under Penal Code § 22.01(b)(2) plus a CCP 42.013 family violence finding is a Class A misdemeanor (up to 1 year county jail). A second offense becomes a 3rd-degree felony (2-10 years TDCJ). Strangulation or choking under § 22.01(b)(2)(B) is a 3rd-degree felony on first offense.
Can the victim drop family violence charges in Texas?
No — only the prosecutor can drop charges. An Affidavit of Non-Prosecution from the complaining witness does not require dismissal, but it does signal the prosecutor about evidentiary issues. ANPs paired with strong mitigation move prosecutors in many Collin, Dallas, Denton, and Tarrant County cases.
What is a Magistrate's Order for Emergency Protection (MOEP)?
CCP Article 17.292 authorizes magistrates to issue MOEPs at first appearance in family violence cases. MOEPs run 31, 61, or 91 days depending on offense and can prohibit contact, exclude the defendant from the residence, and restrict firearm possession. Motion to Modify Conditions of Bond is the challenge mechanism.
Will I lose my firearm rights after a family violence conviction?
Yes — federally, for life. 18 U.S.C. § 922(g)(9) attaches a lifetime federal firearm restriction to ANY conviction containing a CCP 42.013 family violence finding. Texas state restoration after 5 years does NOT restore federal eligibility. This is the most under-appreciated collateral consequence of FV convictions.
What is the difference between assault and family violence assault in Texas?
The same underlying offense (Penal Code § 22.01 assault) becomes "family violence assault" when paired with a CCP 42.013 finding that the offense involved family violence as defined by Family Code § 71.004. The finding adds collateral consequences (firearm restriction, immigration risk) and enhances repeat-offense penalties.
References & Authoritative Sources
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar
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Charged with a crime in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) personally handle every case. Free consultation. Frisco, Texas.
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