Is family violence always a felony in Texas?

No. First-time family violence charges are typically Class A misdemeanors. However, charges become felonies with prior family violence convictions, serious bodily injury, or use of deadly weapons. Even misdemeanor convictions carry serious consequences including federal gun prohibitions.

Can a victim drop family violence charges in Texas?

No. Only the prosecutor can dismiss charges. While victim cooperation makes prosecution more difficult, the District Attorney can pursue charges based on other evidence like 911 calls, police reports, witness statements, or physical evidence. However, victim non-cooperation significantly strengthens your defense.

Will a family violence conviction show up on background checks?

Yes. Family violence convictions create permanent criminal records that appear on employment, housing, and other background checks. These are classified as crimes of violence, making them particularly damaging to your reputation and opportunities.

How much does a family violence attorney cost in Austin?

Legal fees typically range from $3,000-$15,000 depending on case complexity and whether it goes to trial. We provide upfront pricing and offer payment plans when possible. The investment in experienced defense is significantly less than the lifetime consequences of a conviction.

What should I do immediately after being arrested for family violence?

1. Exercise your right to remain silent 2. Request an attorney immediately 3. Do not contact the alleged victim 4. Call The Hull Firm at 512-599-9999 for 24/7 emergency legal help 5. Preserve evidence that supports your defense 6. Don't discuss your case with family, friends, or cellmates.

Can I return home after a family violence arrest?

Not immediately. Texas law requires a 'cooling off' period, and protective orders often prohibit contact with the alleged victim and returning to shared residences. We work to modify protective orders when appropriate and help you understand your legal obligations.

What happens if my spouse or partner doesn't want to press charges?

While this helps your case significantly, prosecutors can still pursue charges based on other evidence. We use victim non-cooperation to negotiate dismissals or reductions, highlighting the impact continued prosecution has on family relationships.

How does family violence affect child custody?

Family violence convictions can severely impact custody and visitation rights. Courts prioritize child safety and may order supervised visitation or restrict parental rights. This is why fighting the charges aggressively is crucial for protecting your relationship with your children.

Can I own guns after a family violence conviction?

No. Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms. This is a lifetime ban that applies even to hunting rifles and affects careers in law enforcement, security, and military service.

What if I was defending my children?

Texas law strongly protects parents' rights to defend their children from harm. We analyze the circumstances to prove your actions were justified under Texas Penal Code Chapter 9, which allows reasonable force to protect family members from imminent harm.

How long do family violence cases take in Austin?

Most cases resolve within 3-6 months through plea negotiations or dismissal. Cases that go to trial may take 6-12 months. The Hull Firm's local court experience and prosecutor relationships often help accelerate favorable outcomes.

What if alcohol or drugs were involved in the incident?

Intoxication doesn't excuse criminal behavior, but it can affect the prosecution's ability to prove intent and may explain misunderstandings or accidents. We examine all circumstances to build the strongest possible defense while addressing any substance abuse issues constructively.

Can family violence charges be expunged from my record?

If your case is dismissed or you're found not guilty, you may qualify for expungement to completely remove the arrest from your record. Convictions cannot be expunged, but you may qualify for non-disclosure (record sealing) in limited circumstances after completing deferred adjudication.

What if there are also weapons charges involved?

Family violence cases often include additional charges like unlawful weapon possession, especially if protective orders prohibit gun ownership. We handle your entire case comprehensively, using weaknesses in one charge to strengthen negotiations across all charges.

Our Case Results

#1 Goal Is A Dismissal

Charge: DWI Open Container
County: Hays
Result: Dismissed 8/31/2023

Charge: Sexual Assault
County: Hays
Result: Dismissed 9/25/2023

Charge: Assault BI – FV
County: Williamson
Result: Dismissed 11/13/2023

Charge: Terroristic Threat
County: Travis
Result: Dismissed 12/7/2023

Charge: Reckless Driving
County: Hays
Result: Dismissed 9/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 8/29/2023

Charge: Assault BI – FV
County: Williamson
Result: Dissmissed 7/31/2023

Charge: Injury to Elderly
County: Hays
Result: Dismissed 8/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 7/11/2023

Charge: Criminal Mischief
County: Travis
Result: Dismissed 3/2/2023

Charge: DWI
County: Williamson
Result: Dismissed 1/10/2023

Charge: Racing on Highway
County: Williamson
Result: Dissmissed 9/1/2022

Austin Family Violence & Domestic Assault Lawyer — Protecting Your Rights and Your Family

Facing Family Violence Charges in Austin? Your Future Is at Stake.

#1 Goal Is A Dismissal

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Home – Criminal Defense – Assault Defense – Austin Family Violence Lawyer

#1 Goal Is Dismissal

Being accused of family violence or domestic assault can turn your world upside down. These charges don’t just bring the risk of jail and fines — they can destroy reputations, separate families, restrict parental rights, and leave you with a permanent criminal record.

Family violence cases are some of the most emotionally charged and complex matters in Texas courts. You need an experienced Austin family violence attorney who understands how these cases unfold — and how to fight back when accusations are exaggerated, fabricated, or taken out of context.

At The Hull Firm, our team includes former prosecutors who’ve handled hundreds of domestic violence cases across Travis, Williamson, and Hays counties. With over 700 case dismissals, we know what it takes to protect your freedom, your family, and your future.

✅ Over 700 Criminal Cases Dismissed
⚖️ Experienced Former Prosecutors on Your Side
⏱️ 24/7 Jail Release & Emergency Legal Help
📍 Deep Knowledge of Austin & Travis County Courts
💬 Free Confidential Consultations
💳 Flexible Payment Plans Available to Fit Your Budget
🕰️ Over 15 Years of Criminal Defense Experience
🧾 Proven Record of Charge Reductions & Case Dismissals

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What Counts as Family Violence in Texas?

Under Texas Penal Code §71.004, family violence includes any act by one family or household member intended to cause physical harm, bodily injury, assault, or sexual assault — or a threat that puts another person in fear of imminent harm.

Who Qualifies as a “Family or Household Member”?

Texas law defines this broadly to include:

Spouses and ex-spouses
Dating partners (current or former)
People living together or who have lived together
Relatives by blood, marriage, or adoption
Parents of the same child
Foster parents and foster children
Children of a spouse or ex-spouse

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Actions That Can Trigger Charges

Physical contact intended to harm or offend
Threats causing fear of injury
Throwing or damaging objects during an argument
Blocking someone’s movement or exit
Property destruction meant to intimidate

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Common Scenarios We Defend

Domestic disputes between partners or spouses
Arguments that escalate into minor physical contact
Child discipline cases reported as abuse
False claims made during divorce or custody disputes
Parent-teen conflicts
Elder abuse allegations
Roommate altercations

Frequently Asked Question:

Is family violence always a felony?

No. First offenses are usually misdemeanors but can become felonies for repeat offenses, use of weapons, or serious injuries.

Penalties for Family Violence in Texas

Family violence charges carry severe and escalating consequences.

Class A Misdemeanor (First Offense)

Up to 1 year in county jail
Up to $4,000 in fines
Mandatory domestic-violence counseling
Protective orders up to 2 years
Loss of firearm rights under federal law

Third-Degree Felony (Repeat Offense)

2–10 years in prison
Up to $10,000 in fines
Permanent felony record

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Second-Degree Felony (Serious Injury or Weapon Use)

2–20 years in prison
Up to $10,000 in fines
Permanent loss of civil rights

Additional Consequences

Lifetime federal firearm ban
Immigration risks for non-citizens
Custody and visitation restrictions
Employment and housing barriers
Professional license suspension or revocation

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family violence and domestic assault in austin outcomes

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How Family Violence Cases Usually Unfold

1. The Incident

A 911 call triggers a mandatory police response.
Officers must arrest someone if they believe violence occurred.
Arrests often happen based on minimal or one-sided evidence.
The “victim” cannot drop charges — only prosecutors can.

2. Evidence Collection

Cases rely on:

911 recordings
Emotional, heat-of-the-moment statements
Photos of alleged injuries (often minor)
Text messages or social media posts
Medical reports or neighbor statements

3. Prosecution Strategy

Prosecutors frequently move forward even when:

The alleged victim wants to dismiss charges
Evidence is inconsistent or weak
The event was mutual combat
Accusations are linked to divorce or custody motives

Frequently Asked Questions:

How much does a defense attorney cost?

Typically $3,000–$15,000, depending on complexity. We offer upfront pricing and payment plans.

Will it appear on background checks?

Yes. Family violence convictions are permanent and visible to employers, landlords, and licensing boards.

Our Proven Defense Strategies

Every case is unique, but our approach is built on strategies that consistently win dismissals and reductions.

What are the strongest legal defenses against a family violence charge in Texas?

Self-Defense or Defense of Others: We demonstrate that you acted to protect yourself or your family and that your response was proportionate and lawful under Texas Penal Code Chapter 9.
False or Exaggerated Allegations: We uncover motives such as divorce leverage, custody disputes, or emotional retaliation — using texts, witnesses, and inconsistencies to expose false claims.

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Lack of Intent or Accident: We show that any contact was accidental, defensive, or misunderstood — not criminally intentional.
Mutual Combat: When both parties willingly engage in a fight, Texas law recognizes mutual combat as a valid defense.
Victim Recantation: We work with victims who wish to clarify or withdraw statements and demonstrate that prosecution is not in the family’s best interest.
Constitutional Violations: If your rights were violated through unlawful searches, Miranda errors, or coerced statements, we move to suppress that evidence — often leading to dismissal.

Frequently Asked Question:

What should I do after arrest?

Stay silent.
Ask for a lawyer immediately.
Avoid contacting the alleged victim.
Call (512) 599-9999 right away.
Preserve texts, photos, or witness contacts.

Common Client Concerns

“My spouse is lying to gain custody.”
We investigate motives, timelines, and evidence to reveal inconsistencies and expose false narratives.

“It was just an argument.”
We show both parties’ roles, proving it was mutual or overblown, not criminal.

“I was protecting my children.”
Texas law allows reasonable force to defend family members from imminent harm.

“My partner wants to drop the charges.”
We coordinate with non-cooperative complainants to support dismissal negotiations.

“This will ruin my career.”
We pursue outcomes that protect professional licenses and employment eligibility.

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Frequently Asked Questions:

How does this affect custody?

Convictions can limit or suspend visitation. Protecting your parental rights starts with fighting the charge itself.

Can these charges be expunged?

Yes, if dismissed or acquitted. Convictions can’t be expunged but may qualify for record sealing in limited cases.

Can I return home?

Not immediately. Protective orders may restrict contact. We can petition to modify them when appropriate.

Can I own a firearm afterward?

No. Federal law permanently prohibits firearm possession after a domestic-violence conviction.

How Prosecutors Build Their Case

Prosecution Evidence

Emotional 911 calls, victim statements: Provide full context, show emotional bias
Alleged injury photos or medical reports: Obtain independent exams, challenge causation
Prior incidents or patterns: Expose exaggerations and lack of proof of ongoing abuse
Witness or child testimony: Cross-examine credibility, highlight bias or coaching

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Why Choose The Hull Firm

Compassionate + Aggressive Defense

We balance tough legal strategy with understanding of sensitive family situations.

Former Prosecutors

Our attorneys know how the State builds cases — and where to dismantle them.

Proven Results

Over 700 dismissals, including numerous family violence defenses.

Local Court Experience

We’re trusted advocates in Travis, Williamson, and Hays County courts.

Comprehensive Support

We help with protective-order modification, counseling referrals, immigration advice, and licensing issues.