Family Violence Defense San Antonio

Family Violence Charges in Bexar County — Why the Finding Matters More Than the Sentence

A family violence charge in Bexar County is prosecuted by the Family Violence Unit — a dedicated division within DA Joe Gonzales’s office with its own prosecutors, its own investigators, and a no-drop prosecution policy. Once a family violence case is filed, it proceeds regardless of whether the complaining witness cooperates, recants, or refuses to testify. The unit builds its case on the initial 911 recording, the SAPD officer’s scene observations, injury photographs, medical records, and any prior reported incidents. Your former partner’s cooperation is not required for the DA to proceed to trial.

The criminal charge — typically a Class A misdemeanor assault with a family violence designation — carries a sentence of up to one year in Bexar County jail and a $4,000 fine. That sentence is not the primary danger. The primary danger is the family violence finding itself. Under the federal Lautenberg Amendment, 18 U.S.C. §922(g)(9), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. This applies to a Class A misdemeanor. It is for life. It cannot be removed through expungement. Record-clearing options in a family-violence case depend on the exact charge, disposition, whether the court entered an affirmative family-violence finding, prior history, and the statutory requirements that apply. And for San Antonio’s substantial military community — Fort Sam Houston, Lackland Air Force Base, Randolph Air Force Base — a qualifying domestic violence conviction results in immediate disqualification from carrying a service weapon and likely administrative separation from military service.

The defense starts the day you call. The FVU’s file is built quickly. Every day before we are involved is a day the prosecution has that the defense doesn’t. Call 210-899-0732 now.

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Family Violence Charge Levels & Consequences in Texas

The criminal sentence is the smallest consequence. The family violence finding carries lifetime consequences independent of what the judge orders in the Bexar County courtroom.

Charge	Level	Criminal Penalty	FV Consequences
Assault BI — FV FindingPenal Code §22.01(a)(1) + §71.004	Class A Misd.	Up to 1 yr • $4,000	Lifetime federal gun ban • CPS referral • Custody
Assault FV — 2nd OffensePenal Code §22.01(b)(2)(A) — prior FV conviction	3rd Degree Felony	2–10 yrs • $10,000	Felony record + all FV consequences
Aggravated Assault — DomesticPenal Code §22.02(b)(1) — household + deadly weapon	1st Degree Felony	5–99 yrs or life • $10,000	Highest FV exposure • Deferred eligibility depends on the charge
Emergency Protective OrderCode Crim. Proc. Art. 17.292	Civil Order	Separate from criminal case	Housing • Contact restrictions • Custody impact
18 U.S.C. §922(g)(9) — LautenbergFederal — Lifetime prohibition on FV conviction	Federal	Permanent firearm prohibition	Cannot be removed • Military career-ending • LEO career

Family violence defense San Antonio — Bexar County FVU no-drop prosecution and federal gun ban challenge

The Bexar County Family Violence Unit — How It Operates and Why Early Defense Matters

The Family Violence Unit is a specialized prosecution division within DA Joe Gonzales’s office with its own dedicated prosecutors and its own case evaluation standards. The unit was established specifically to address the reality that domestic violence victims frequently recant their statements after initial cooperation. The FVU’s no-drop policy was designed around this fact: the unit will proceed with available evidence even without the victim’s participation.

In practice, this means the FVU builds every case to be prosecutable on the 911 recording, the officer’s bodycam footage, injury photographs, and any medical records — independent of what the complainant later says. When a victim recants, the FVU may call them as a witness anyway and present the prior 911 statement as prior inconsistent statement evidence. The victim’s recantation becomes part of the prosecution’s narrative, not a reason to dismiss.

The defense must engage before the FVU’s file is built around this evidence structure. Once the unit has its documentation package complete and has issued an emergency protective order through the court, the leverage window has closed significantly. Allison Tisdale prosecuted family violence cases as a Texas state prosecutor before joining the defense. Her prior prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared, and it informs the firm’s review of evidence, procedure, and defense strategy.

Family violence defense attorneys San Antonio — Mark Hull and Allison Tisdale defending domestic assault charges in Bexar County

How We Defend Family Violence Charges in Bexar County

Family violence defense requires addressing the criminal case, the FV finding, the protective order, and the non-criminal consequences simultaneously from the first day.

01

Engage the Bexar County FVU before the file is complete

The most effective stage for intervention in a family violence case is before the FVU’s prosecution file is finalized. We contact the assigned FVU prosecutor early with documented defense arguments — self-defense analysis, credibility issues with the complaining witness, prior false accusation history — before the unit commits to a trial strategy.

02

Challenge the family violence designation specifically

The FV finding requires the prosecution to establish that the parties had a qualifying relationship under Penal Code §71.004 — household members, family, current or former dating relationships. We challenge every element of the relationship allegation where the facts support it. The FV designation is a separate element of the prosecution’s case.

03

Evaluate self-defense with the complete factual record

Self-defense under Penal Code Chapter 9 applies to family violence assault on the same standard as any other assault. We build the factual self-defense record from the 911 recording, the bodycam footage, witness statements, and any evidence of prior incidents initiated by the complainant. The fact that the complainant called 911 first does not eliminate the self-defense analysis.

04

Challenge the protective order conditions

An emergency protective order (EPO) issued at arrest under Code of Criminal Procedure Art. 17.292 restricts contact, housing, and frequently custody access. We appear at bond hearings to challenge EPO conditions that are overly restrictive and to protect the client’s ability to maintain employment, housing, and family contact while the case is pending.

05

Address military and professional licensing consequences simultaneously

For clients at Fort Sam Houston, Lackland AFB, or Randolph AFB, a family violence conviction is a career-ending event under 10 U.S.C. and the Lautenberg Amendment. We evaluate military and professional licensing consequences at the first consultation and coordinate with military defense counsel or licensing attorneys when necessary.

06

Pursue deferred adjudication when dismissal requires it

When outright dismissal is not immediately achievable, deferred adjudication may be available for Class A family violence assault and allows the case to be dismissed upon completion. However, the FV finding can still attach on deferred adjudication — meaning the federal firearm consequences may apply regardless of whether a conviction enters. We evaluate all options with full disclosure of every consequence.

Family Violence Defense in Bexar County — Former FV Prosecutors, 20+ Years Trial Work

Mark Hull has 20+ years of Texas criminal defense experience and has defended family violence charges in the Bexar County Courts at Law for over 20 years. Family violence cases in San Antonio require specific knowledge of the FVU’s no-drop prosecution approach, the emergency protective order process under Art. 17.292, and the lifetime federal firearms consequences under 18 U.S.C. §922(g)(9). That knowledge comes from having defended these cases repeatedly in these specific courts.

Allison Tisdale prosecuted family violence cases as a Texas state prosecutor before joining the defense side. She has sat at the FVU’s table and built the same type of cases she now defends. She knows what evidence the unit considers sufficient, how it responds to credibility challenges, and what documented defense arguments produce dismissal in Bexar County courts. The firm has secured over 960 dismissals or rejected cases since 2021.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former Prosecutor on Staff

Mark Hull brings more than 20 years of criminal defense experience. Allison Tisdale is a former Travis County DWI prosecutor whose prosecutorial experience provides firsthand perspective on how criminal cases are evaluated and prepared.

◆ 20+ Years in Bexar County Courts

Regular appearances at the Cadena-Reeves Justice Center. The firm’s attorneys regularly practice in Bexar County courts and are familiar with local procedures, court scheduling, and prosecuting offices.

◆ 960+ dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County — assault, DWI, drug charges, and felonies of every level.

960+dismissals or rejected cases since 2021

5.0Google Rating

20+Years in Bexar County Courts

Family Violence Defense FAQ — San Antonio & Bexar County

Common questions about family violence charges in Bexar County courts — answered with specific local unit details and federal law.

What is the Bexar County Family Violence Unit?+

The Family Violence Unit is a dedicated prosecution division within DA Joe Gonzales’s office that handles all domestic assault and family violence charges in Bexar County. It follows a no-drop prosecution policy — once a case is filed, the unit proceeds regardless of whether the complaining witness cooperates, recants, or refuses to testify. The FVU builds its case on the initial 911 recording, SAPD officer’s bodycam and observations, injury photographs, medical records, and prior incident history. Defense must engage this unit early and from a documented position.

What does a family violence conviction mean for my gun rights?+

A family violence conviction triggers the federal Lautenberg Amendment under 18 U.S.C. §922(g)(9), permanently prohibiting possession of firearms or ammunition. This applies to Class A misdemeanor convictions — not just felonies. The prohibition is for life. It cannot be removed through expungement in Texas because expungement only applies to dismissed charges, not convictions. It cannot be waived or modified by any Texas court. It applies to all firearms and ammunition regardless of purpose.

Does a family violence conviction affect military service at Fort Sam Houston or Lackland AFB?+

Yes — a qualifying family violence conviction is career-ending for military service members. Under 10 U.S.C. §922 and the Lautenberg Amendment, military personnel cannot carry a service weapon after a qualifying domestic violence conviction. Service members at Fort Sam Houston, Lackland Air Force Base, or Randolph Air Force Base who receive a family violence conviction face immediate inability to perform combat arms duties and likely administrative separation or disqualification from service. We evaluate military career consequences at the first consultation and coordinate with military defense counsel on these cases.

Can a family violence charge be dismissed if the victim doesn’t press charges?+

In Bexar County, the complaining witness does not have the authority to ‘press’ or ‘drop’ charges — that decision belongs to DA Joe Gonzales’s Family Violence Unit. The FVU will proceed without the complainant’s cooperation using the 911 recording, officer observations, and physical evidence. The correct defense approach is to build the substantive case — self-defense, credibility challenges, insufficient evidence — not to assume the case disappears when the complainant recants.

Is an emergency protective order different from a regular protective order?+

Yes. An emergency protective order (EPO) is issued at arrest under Code of Criminal Procedure Art. 17.292 without a hearing — the magistrate issues it based on the arrest alone. It typically lasts 31 to 91 days and restricts contact, housing access, and firearm possession. A regular protective order requires a hearing in civil court with notice to the defendant. We appear at bond hearings to challenge overly restrictive EPO conditions and represent clients in protective order hearings in Bexar County courts.

Can the FV finding attach even on deferred adjudication?+

Yes — and this is a critical issue that many clients don’t understand until after they’ve accepted a deferred adjudication offer. The family violence finding can attach to a deferred adjudication completion, which means the lifetime federal firearm prohibition under 18 U.S.C. §922(g)(9) may apply even without a formal conviction entering. We explain the complete consequences of every available outcome — including deferred adjudication — before you make any decision about how to resolve a family violence case.

What should I do after a family violence arrest in San Antonio?+

Call 210-899-0732 immediately. Do not contact the complaining witness for any reason — this violates the emergency protective order that was almost certainly issued at magistration and creates additional criminal exposure. Do not make statements to SAPD. Write down everything you remember about the incident. The FVU’s file starts building from the day of arrest. The earlier we are involved, the more options we have for your defense.

Assault Defense Resources — San Antonio & Bexar County

Related pages covering assault charges and criminal defense in San Antonio and Bexar County.

Assault Defense Hub

All assault charge levels in Bexar County — penalties, FV unit, and defense overview.

Simple Assault

Class C through Class A misdemeanor assault — deferred adjudication and self-defense.

Aggravated Assault

Second and first-degree felony assault — SBI and deadly weapon challenges.

Family Violence Defense

Bexar County FVU no-drop prosecution — federal gun rights and protective orders.

Assault w/ Deadly Weapon

ADW: what qualifies as a deadly weapon and how deferred-adjudication eligibility is evaluated.

Criminal Defense Hub

Full criminal defense hub for all charge types in Bexar County courts.

Expungement San Antonio

Clearing a dismissed assault charge permanently under Texas Chapter 55.

San Antonio Criminal Defense

Main hub for all criminal defense services in Bexar County.

What Our Clients Say

Read reviews from clients across Bexar County, Hays County, Travis County, and Central Texas.

RL

Ronnicka Lopez

★★★★★

Google

“After two years, the case was dismissed and dropped. They made this whole ordeal easy, kept me in the loop, told me exactly what to expect. Mrs. Allison is such an amazing and sweet lady — the whole team. I see exactly why they received multiple awards for best law firm in the state.”

BS

Blake Shires

★★★★★

Google

“My case was dismissed. Mr. Hull was patient, attentive, and consistently communicative from start to finish. He explained every step and made sure I felt supported throughout. I highly recommend Mark Hull and The Hull Firm.”

SH

Shawn Hallman

★★★★★

Google

“These attorneys were responsive, intelligent, and relentless. I appreciated how they always had a plan and stayed one step ahead. If you’re facing criminal charges, you want them on your side.”

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210-899-0732

Family Violence Defense Lawyer San Antonio — Bexar County

Family Violence Charges in Bexar County — Why the Finding Matters More Than the Sentence

Family Violence Charge Levels & Consequences in Texas

The Bexar County Family Violence Unit — How It Operates and Why Early Defense Matters

How We Defend Family Violence Charges in Bexar County

Family Violence Defense in Bexar County — Former FV Prosecutors, 20+ Years Trial Work

Family Violence Defense FAQ — San Antonio & Bexar County

Assault Defense Resources — San Antonio & Bexar County

Assault Defense Hub

Simple Assault

Aggravated Assault

Family Violence Defense

Assault w/ Deadly Weapon

Criminal Defense Hub

Expungement San Antonio

San Antonio Criminal Defense

What Our Clients Say

Family Violence Charge in San Antonio? Call Us Today.

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