family violence defense — complete framework
L and L Law Group, PLLC handles texas family violence defense across the nine DFW counties we serve. The framework pages below cover the statutory text, defense strategies, county-specific procedure, and the realistic resolution menu for each charge. Under Reggie and Njeri London's leadership, the firm's criminal defense team handles every retainer with firm-wide trial-tested standards.
Each framework page below is a self-contained legal-practice document covering the controlling statute, the three or four primary defense strategies, the DFW county-by-county procedural variations, and the typical resolution outcomes for that charge. The pages are written for clients facing the charge — not for other lawyers — and the citations and statutory links let you verify everything we say.
If your situation does not fit any of the pages below, call (972) 370-5060 for a free 24/7 consultation. Most clients hear back from a partner within an hour.
Texas Continuous Family Violence Defense — PC § 25.11
Texas continuous violence against the family defense — PC § 25.11 third-degree felony aggregating 2+ family-violence assault episodes within 12 months.
View framework →Texas Emergency Protective — CCP Art. 17.292 MOEP
Texas emergency protective order defense — CCP Art. 17.292 MOEP, 31/61/91-day duration, § 25.07 violation, 922(g)(8) firearm. Frisco TX.
View framework →Texas — PC § 22.01 + CCP Art. 42.013
Texas family-violence assault defense — Class A misdemeanor base, 3rd-degree felony on prior FV or impeding breath under § 22.01(b)(2)(B).
View framework →Texas Protective — Family Code Ch 85 + PC § 25.07
Texas protective order defense — respondent strategy at the final PO hearing under Family Code §§ 85.001/85.022/85.025, EPO/Art.
View framework →Texas Strangulation Assault Defense — § 22.01(b)(2)(B)
Texas strangulation assault defense under Penal Code § 22.01(b)(2)(B) — third-degree felony, impeding breath. Frisco TX attorneys.
View framework →Texas Violation of Protective Order Defense — PC § 25.07
Texas PC § 25.07 violation of protective order defense — Class A misd, § 25.07(g) third-degree felony, § 25.072 continuous violation. Frisco TX attorneys.
View framework →What is texas assault and family violence defense under Texas law?
Texas assault offenses are charged under Penal Code Chapter 22. The base offense is § 22.01 assault — typically a Class A misdemeanor for bodily injury. The offense level escalates with circumstances: a family-violence finding under § 22.01(b)(2) elevates a second offense to a third-degree felony; deadly-weapon involvement triggers § 22.02 aggravated assault (second-degree felony, first-degree where committed against a family member with a deadly weapon).
The strangulation enhancement at § 22.01(b)(2)(B) raises an otherwise-misdemeanor family-violence assault to a third-degree felony where the alleged conduct impeded breathing or blood circulation. § 22.021 covers aggravated sexual assault (first-degree felony) and § 22.07 covers terroristic threat. The Lautenberg Amendment, 18 U.S.C. § 922(g)(9), imposes a lifetime federal firearm ban on anyone convicted of a misdemeanor crime of domestic violence — and most Texas family-violence findings qualify.
Elements the State must prove
Every family violence defense charge is built on statutory elements. The State carries the burden on each element beyond a reasonable doubt under Penal Code § 2.01. Defense work begins by identifying which element the State will struggle to prove on this case’s record.
- For assault under § 22.01(a)(1): (1) intentionally, knowingly, or recklessly (2) causes bodily injury (3) to another person.
- For assault by threat under § 22.01(a)(2): (1) intentionally or knowingly (2) threatens another with imminent bodily injury.
- For assault by contact under § 22.01(a)(3): (1) intentionally or knowingly (2) causes physical contact (3) the actor knows or reasonably should believe the victim will regard as offensive or provocative.
- For a family-violence finding under Family Code § 71.004: the act was committed against a family or household member, a person with whom the defendant has a dating relationship, or a current or former spouse.
- For aggravated assault under § 22.02: assault plus either (a) serious bodily injury or (b) use or exhibition of a deadly weapon during the commission.
Penalty range matrix
The exposure on a family violence defense case depends on the specific subsection, the alleged conduct, and any enhancement allegations. The table below captures the principal charge tiers we see.
| Charge | Statute | Level | Range |
|---|---|---|---|
| Assault by contact | § 22.01(a)(3) | Class C misdemeanor | Up to $500 fine |
| Assault (bodily injury) | § 22.01(a)(1) | Class A misdemeanor | Up to 1 year county jail + $4,000 |
| Assault FV (first) | § 22.01(b)(2) | Class A misdemeanor + FV finding | Up to 1 year + Lautenberg + § 25.07 PO consequences |
| Assault FV (with prior FV conviction) | § 22.01(b)(2)(A) | 3rd-degree felony | 2–10 years TDCJ + $10,000 |
| Assault FV impeding breath (strangulation) | § 22.01(b)(2)(B) | 3rd-degree felony | 2–10 years TDCJ + $10,000 |
| Aggravated assault | § 22.02(a) | 2nd-degree felony | 2–20 years TDCJ + $10,000 |
| Aggravated assault FV (deadly weapon) | § 22.02(b)(1) | 1st-degree felony | 5–99 years or life + $10,000 |
| Terroristic threat (family) | § 22.07(c)(1) | Class A misdemeanor | Up to 1 year county jail + $4,000 |
How the cases come up — hypothetical scenarios
These scenarios illustrate how family violence defense charges arise in DFW criminal practice. They are illustrative only and do not describe any specific client or outcome.
- A defendant whose spouse calls 911 during an argument. Officers arrive, observe no visible injuries, but make a mandatory arrest under CCP Article 14.03(b) where they have probable cause to believe an assault occurred between household members.
- A defendant charged after a roommate alleges a shove during a verbal dispute. The State must prove the relationship qualifies under Family Code § 71.005 (household members) for a family-violence finding.
- A defendant whose alleged conduct includes placing hands on the complainant's neck. The State seeks the § 22.01(b)(2)(B) impeding-breath enhancement, which escalates the case from misdemeanor to third-degree felony.
- A defendant accused of pulling a complainant's arm during a property dispute. Bodily-injury element under § 22.01(a)(1) turns on whether the State can prove pain — which Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989) recognizes can include physical discomfort.
- A defendant whose phone records show messages from the complainant after the alleged incident that contradict the police report. The case shifts on cross-examination and impeachment under Texas Rule of Evidence 613.
- A defendant who claims self-defense after being struck first. Penal Code § 9.31 codifies self-defense; the State must disprove self-defense beyond a reasonable doubt once the defense is raised.
- A defendant with a prior § 22.01(b)(2) family-violence conviction now facing a new assault allegation. The prior conviction elevates the new case to a third-degree felony under § 22.01(b)(2)(A) regardless of the new alleged conduct's severity.
Common defenses
Family Violence Defense defense draws on constitutional, statutory, and evidence-based theories. The mix of available defenses depends on the specific charge, the State’s evidence, and the procedural posture.
- Self-defense under Penal Code § 9.31 — actor reasonably believed force was immediately necessary to protect against another's use or attempted use of unlawful force. The presumption of reasonableness applies in certain residence and vehicle contexts under § 9.31(a)(2).
- Defense of third persons under § 9.33 — applies where the actor reasonably believed intervention was immediately necessary to protect a third person from unlawful force.
- Mutual combat and consent under § 22.06 — consent is a defense to assault if the conduct did not threaten or inflict serious bodily injury and was reasonably foreseeable.
- Lack of intent or recklessness — accidental contact and contact without the required culpable mental state are not assault. Reckless conduct must show gross deviation from the standard of care.
- Bodily-injury element challenge — for § 22.01(a)(1) cases, the State must prove pain or physical impairment; cross-examine on the complainant's description of pain, photographs of injury, and medical records.
- Recantation and inconsistent statements — many family-violence cases involve complainants who recant. The State may proceed on the original report under the residual hearsay exception and the present-sense-impression exception, but defense work focuses on the credibility gap.
- Constitutional challenges to the FV finding — whether the relationship qualifies under Family Code § 71.0021 (dating relationship), § 71.003 (family), § 71.005 (household).
- Diversion and pretrial intervention — many DFW counties offer family-violence pretrial diversion programs (Collin, Dallas, Denton, Tarrant) that dismiss the case on completion of a 12-week or 24-week BIPP course and a clean record.
What to do if you’re charged — five steps
The first 72 hours after an arrest or charging decision shape the case. The five steps below are the framework our partners apply on every new family violence defense retainer.
Officers will request a statement at the scene and again at the station. Decline. Family-violence statements are routinely the State's strongest evidence and are protected hearsay exceptions under Texas Rule of Evidence 803(2) (excited utterance) and 803(1) (present sense impression).
A magistrate's order under CCP Article 17.292 typically prohibits contact with the complainant and return to the residence. Violation is a separate offense under Penal Code § 25.07 and creates new exposure beyond the original case.
Bond on family-violence cases routinely includes GPS monitoring, alcohol-monitoring, and BIPP enrollment as conditions under CCP Article 17.41-17.49. Retain counsel before the first court setting to negotiate bond conditions.
Counsel's defense investigator may interview witnesses, gather text messages, photograph the residence, and obtain 911 audio and body-camera footage. Recantation interviews require careful handling under CCP Article 56A.
Pretrial diversion preserves the record. Deferred adjudication under CCP Article 42A.101 avoids a final conviction but typically still triggers FV consequences. Trial is available when the State's evidence is thin or recantation is credible.
Collateral consequences
A conviction or even a deferred-adjudication finding can carry consequences beyond the sentence itself. The list below identifies the most common collateral exposures for family violence defense matters.
- Lifetime federal firearm ban under 18 U.S.C. § 922(g)(9) (Lautenberg Amendment) for any qualifying misdemeanor crime of domestic violence
- Texas firearm restrictions under Penal Code § 46.04(b) for FV-finding cases for five years post-completion
- Mandatory § 25.07 protective-order conditions during pendency and after conviction
- BIPP (Batterer Intervention and Prevention Program) enrollment under CCP Article 42A.504
- Immigration consequences — FV offenses are categorically deportable under INA § 237(a)(2)(E)
- Family-court custody and visitation impacts under Family Code § 153.004 (history of FV creates a presumption against joint custody)
- Civil-service, military, security-clearance, and professional-licensing impacts
Cited authorities
- Lane v. State, 763 S.W.2d 785 (Tex. Crim. App. 1989) — Bodily injury under § 22.01 includes physical pain.
- United States v. Castleman, 572 U.S. 157 (2014) — Misdemeanor offense involving offensive touching qualifies as "misdemeanor crime of domestic violence" under § 922(g)(9).
- Garcia v. State, 367 S.W.3d 683 (Tex. Crim. App. 2012)
Related practice areas, calculators, and resources
Frequently asked questions
Will I lose my firearms after a Texas family-violence conviction?
Federal law under 18 U.S.C. § 922(g)(9) imposes a lifetime ban on firearm possession for anyone convicted of a "misdemeanor crime of domestic violence." Texas Penal Code § 46.04(b) imposes a five-year state ban after sentence completion. The federal ban does not expire and is not lifted by Texas non-disclosure. Deferred adjudication that does not result in a final conviction may avoid the federal ban — case-by-case analysis required.
Can the complainant drop the charges?
No. Once the State files the case, only the prosecutor can dismiss. Complainant requests for dismissal go to the prosecutor under CCP Article 32.02; many counties have specific FV-case policies that disregard the complainant's wishes. Defense counsel can present the complainant's position in negotiations, but the decision is the State's.
What is BIPP?
Battering Intervention and Prevention Program — a state-certified 18-24 week curriculum required as a condition of probation or deferred adjudication in family-violence cases under CCP Article 42A.504. Completion is often a prerequisite to early termination of supervision.
What is a § 25.07 violation?
A protective order or magistrate's no-contact condition under CCP Article 17.292 creates a separate criminal offense under Penal Code § 25.07 if violated. A first violation is a Class A misdemeanor; certain violations escalate to third-degree felony. The complainant cannot waive the order; only the court can lift it.
What is the difference between assault and aggravated assault?
Assault under § 22.01 is bodily injury, threat, or offensive contact (typically Class A or C misdemeanor). Aggravated assault under § 22.02 adds (a) serious bodily injury or (b) use or exhibition of a deadly weapon — second-degree felony, escalating to first-degree if committed against a family member with a deadly weapon under § 22.02(b)(1).
Can I be charged with a family-violence offense if we're not married?
Yes. Family Code § 71.0021 covers dating relationships; § 71.005 covers household members; § 71.003 covers blood, marriage, and former-spouse relationships. The relationship qualifier is broader than legal marriage.
What if my partner attacked me first?
Self-defense under Penal Code § 9.31 is a complete defense to assault. Once the defense is raised at trial, the State must disprove it beyond a reasonable doubt. Photograph injuries, preserve text messages, obtain 911 audio, and identify any witnesses immediately — these often determine the outcome.
Will the family-violence finding stay on my record after deferred adjudication?
Most deferred-adjudication family-violence cases do not produce a final conviction but the FV finding under § 22.01(b)(2) remains on the record. Non-disclosure under Gov't Code § 411.0725 is unavailable for FV cases. The lifetime federal firearm ban analysis is case-specific.
Can the State proceed if the complainant doesn't testify?
Sometimes. Crawford v. Washington, 541 U.S. 36 (2004) bars testimonial hearsay without confrontation. But excited utterances captured on 911 calls or body-cam audio may be admissible under Texas Rule of Evidence 803(2) and Davis v. Washington, 547 U.S. 813 (2006). Trial preparation analyzes which statements survive a confrontation-clause challenge.
How does a family-violence case affect a child-custody dispute?
Family Code § 153.004 creates a rebuttable presumption against joint managing conservatorship where a parent has a history of family violence. The conviction or even the credible evidence of FV can drive custody and visitation outcomes. Coordinated criminal-and-family counsel is essential.
Assault Defense by County
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