Family Violence Defense
Family-violence defense in Texas — protective orders, continuous violence, narcissist/abuse dynamics, CPS involvement, and EPO procedure.
Topic Overview
Family-violence charges in Texas trigger consequences far beyond the criminal case itself. A single conviction or even a plea-bargained deferred adjudication carries a federal lifetime firearm prohibition under 18 U.S.C. §922(g)(9), a TDFPS-reportable finding that affects child custody, and a magistrate's Emergency Protective Order (EPO) that can lock you out of your own home for 31-91 days. Texas Penal Code §22.01(b)(2) and the Family Code §71.0021 definitions intersect to create overlapping criminal and civil proceedings — often with conflicting orders from different courts. Reggie London and Njeri London, Co-Founding Partners at L and L Law Group, defend assault-family-violence (Class A misdemeanor), continuous violence against the family (3rd-degree felony), aggravated assault family violence, violation-of-protective-order, and the cross-cutting child-custody and divorce collateral cases. The posts below cover the affidavit-of-non-prosecution myth (it does not dismiss the case), how the State proceeds without the complaining witness, the firearm-rights loss and what it takes to restore them, and the strategic difference between deferred adjudication (still triggers the federal gun ban) and a hard dismissal.
Related Tools, Guides & References
Compendium Pillar
Texas Punishment Ranges Master Guide — the in-depth reference on this topic with statute citations, decision trees, and case-law analysis.
Interactive Calculators
Run the numbers: Family Violence Firearm Rights Loss, Protective Order Duration & Impact, Gun Rights Restoration Eligibility.
Legal Glossary
Defined terms: Protective order, Emergency Protective Order (EPO), Affirmative finding of family violence.
Practice Area
If you are facing a charge, see Family Violence Defense — Practice Area for representation details.
Key Defined Terms
- Family Violence
- Defined at Tex. Fam. Code §71.004 as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the member in fear of imminent harm.
- Affirmative Finding of Family Violence
- A trial-court finding under Tex. Code Crim. Proc. art. 42.013 that the offense involved family violence. Triggers immigration consequences, the federal firearm ban, deferred-adjudication ineligibility, and an enhanced second-offense penalty.
- Continuous Violence Against the Family
- A 3rd-degree felony under Tex. Penal Code §25.11 charged when a person commits two or more assault-family-violence offenses within a 12-month period against any family or household member.
Frequently Asked Questions
Can I drop the family-violence charges against my partner in Texas?
No. Family-violence charges are filed by the State of Texas, not by the complaining witness, and only the elected District Attorney has the authority to dismiss. An affidavit of non-prosecution from the complainant is one factor the DA considers but does not require dismissal. Most Collin and Dallas County DA offices will still proceed to trial if there is photographic injury evidence, 911-call audio, or body-cam footage.
Does a family-violence deferred adjudication trigger the federal gun ban?
Yes. Under 18 U.S.C. §922(g)(9), any conviction or plea to a 'misdemeanor crime of domestic violence' triggers a federal lifetime prohibition on firearm possession — and the BATFE and Fifth Circuit treat Texas deferred adjudication as a qualifying disposition because the defendant pleads guilty or no-contest. A hard dismissal or acquittal is the only outcome that avoids this consequence.
What is an Emergency Protective Order in Texas?
A magistrate-issued order under Tex. Code Crim. Proc. art. 17.292 issued at the bond hearing after a family-violence arrest. It can prohibit the defendant from returning to a shared residence, contacting the complainant, possessing a firearm, or going within a specified distance of the complainant's workplace or children's school. Duration is 31 days standard, 61 days if a firearm was used or exhibited, 91 days if serious bodily injury occurred.
Can I be charged with assault family violence if no one was injured?
Yes. Tex. Penal Code §22.01(a) defines three forms of assault: bodily injury, threat causing fear of imminent bodily injury, and offensive physical contact. Family-violence allegations frequently proceed on the second or third theory — a verbal threat or unwanted contact is sufficient even without bruising or medical records. The 'family' element under Family Code §71.0021 includes spouses, former spouses, parents of a shared child, dating partners, and roommates.
How long does a family-violence finding stay on my record?
If convicted, life — Texas does not allow expunction of family-violence convictions, and deferred-adjudication non-disclosure is barred by Tex. Gov't Code §411.074(b)(1) for any offense involving family violence. The only paths to a clean record are dismissal before adjudication, acquittal at trial, or a pretrial diversion program where eligible.
Texas Stalking Protective Order — Code of Criminal Procedure 7B
Texas stalking protective order under CCP Chapter 7B — elements, process, lifetime duration possible.
Lifetime Protective Order Texas — When and How They're Issued
Texas lifetime protective orders — when issued, criteria, implications, modification possibilities.
Emergency Protective Order Texas — How to File Same Day
Texas Emergency Protective Order — automatic at family violence arrest, immediate protection, duration.
Texas Protective Order vs Restraining Order — Key Differences
Texas protective order vs restraining order — key differences in procedure, scope, and consequences.
Texas Family Violence Continuous — Penal Code §25.11 Charges
Texas continuous family violence § 25.11: third-degree felony, 2-10 years. Two or more family violence acts within 12-month period.
Al-Anon for Family Members — Texas Family Violence Court Support
Al-Anon and Nar-Anon family support in Texas — applications for family violence and substance use cases.
Trauma Bond and Domestic Violence Allegations Texas
Trauma bonding dynamics in abusive relationships. Texas family violence cases, protective orders, and victim recanting patterns.
Vulnerable Narcissist Behavior — Texas DV False Accusations
Vulnerable (covert) narcissist patterns in Texas domestic violence false accusations. Distinguishing covert from grandiose narcissism in family court.
How to Deal With a Narcissist Filing Texas Protective Order
Strategies for dealing with narcissistic ex filing Texas protective order: documentation, no contact, professional support. Family Code Chapter 85.
Codependency in Texas Family Violence Cases — Recognizing the Pattern
Codependency patterns in Texas family violence cases — recognition, treatment, defense implications.
Domestic Violence Defense Attorney in Texas — When to Hire One
Hire a domestic violence defense attorney in Texas immediately after arrest, before first court setting. Federal firearm prohibition risk requires specialist defense.
Is Domestic Violence a Felony in Texas?
Domestic violence in Texas can be misdemeanor or felony. Family violence assault is Class A misdemeanor; repeat or aggravated cases become 3rd-degree, 2nd-degree, or 1st-degree felonies.
How To Get Frisco Family Violence Charges Dismissed Or Dropped?
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Emergency Protective Orders In Frisco: What To Do If You're Locked Out?
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What Is Assault Family Violence? Frisco Domestic Defense Explained
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Understanding Assault Family Violence Bond Conditions In Frisco
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Frisco Family Violence Expunction: Can You Clear Your Criminal Record?
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Falsely Accused Of Domestic Violence? Frisco Defense Lawyer Advice
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What You Need To Know About Protective Order Violation In Dallas TX
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Domestic Violence Lawyer in Dallas Fort Worth
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