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Family Violence & Domestic Assault Defense in San Marcos & Hays County

A family violence finding on a Class A misdemeanor assault permanently bans you from possessing firearms under federal law — no exception for employment, no restoration, no expiration. A second conviction is a third-degree felony. The consequences extend far beyond the criminal penalty, and DA Kelly Higgins’s office prosecutes these cases aggressively. Former prosecutor on staff. Trial-tested defense. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

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✓ FV Finding Challenged Separately ✓ Former Prosecutor on Staff ✓ Hays County Courts ✓ Available 24/7
Litigator of the Year 2023 — family violence defense attorney San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — domestic assault defense TexasMark Hull*
National Trial Lawyers Top 100 — family violence defense San Marcos Hays CountyMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor domestic violence defenseAllison Tisdale — 2022
Lawyers of Distinction — family violence defense attorney Hays County TexasMark Hull
Criminal Defense Top 10 — domestic assault defense San Marcos TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Family Violence Charges in Hays County — Why the Finding Matters More Than the Criminal Penalty

Family violence assault in Texas is prosecuted under Penal Code §22.01 combined with the family violence definition in Family Code §71.004. The family violence designation is not just a label — it is a legal finding with independent consequences that operate outside the criminal court system. The most significant is the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)): anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing any firearm or ammunition under federal law. A Texas Class A misdemeanor assault conviction with a family violence finding satisfies this federal definition. The federal prohibition is lifetime, it applies to all firearms including handguns and rifles, and there is no exception for employment — including law enforcement officers, security personnel, and military members who lose their ability to carry as a result.

I’ve defended family violence charges in Hays County courts for over 20 years. Allison Tisdale prosecuted family violence cases as a Texas state prosecutor before joining our firm. We understand how DA Kelly Higgins’s office approaches these cases — the office does not simply defer to the alleged victim’s wishes. Once a family violence charge is filed, it is the State of Texas’s case, and the prosecution will use 911 recordings, officer observations, medical records, and protective order filings even if the complaining witness recants or refuses to testify.

The defense strategy on a family violence charge has to account for the criminal case, the family violence finding, any protective order proceedings, potential DFPS involvement if children are present, and — for non-citizens — the immigration consequences of a family violence conviction. We address all of these simultaneously from day one. Call 737-937-5786 immediately — a protective order can be issued within 24 hours of an arrest.

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Family violence charge consequences Texas — Lautenberg Amendment gun ban and protective orders in Hays County

The Consequences That Extend Far Beyond the Criminal Penalty

Most clients charged with family violence assault in Hays County focus on the immediate criminal exposure. That is the visible part. The following consequences are where the long-term damage happens — and they operate independently of whether you are ultimately convicted.

🚫 Federal Firearm Prohibition — Lifetime

Under the Lautenberg Amendment (18 U.S.C. §922(g)(9)), a conviction for a misdemeanor crime of domestic violence permanently prohibits possession of any firearm or ammunition under federal law. This applies to law enforcement officers, military personnel, security officers, and civilians equally. There is no restoration pathway for most people. No exception for job requirements. Lifetime.

⚠️ Second Conviction = Felony

Under Penal Code §22.01(b)(2)(A), if a person has a prior family violence conviction and is charged with a second assault against a family or household member, the second charge is elevated from a Class A misdemeanor to a third-degree felony — 2–10 years in TDCJ. A prior family violence conviction fundamentally changes the stakes on any future domestic incident.

🔒 Protective Orders

An emergency protective order (EPO) can be issued within 24 hours of arrest under Texas Code of Criminal Procedure §17.292 — even before you are released from jail. A temporary ex parte protective order requires no hearing. A final protective order can bar you from your home, restrict contact with your children, and remain in effect for up to two years. Violation of a protective order is itself a criminal offense.

🏠 Housing and Custody Impact

A protective order can remove you from your own home immediately. Family violence findings are considered in divorce and custody proceedings under the Family Code. A family violence conviction creates a rebuttable presumption against awarding custody under Family Code §153.004. The consequences in the family court can dwarf the criminal penalties.

🌐 Immigration Consequences

Under the Immigration and Nationality Act, a “crime of domestic violence” is a deportation ground under 8 U.S.C. §1227(a)(2)(E)(i). A Texas family violence assault conviction can trigger removal proceedings for any non-citizen regardless of immigration status or length of residence. We evaluate immigration consequences on every family violence case involving a non-citizen client.

💼 Professional Licensing

Healthcare professionals, educators, licensed financial advisors, and commercial drivers must disclose criminal convictions to licensing boards. A family violence conviction can result in suspension, revocation, or denial of license renewal. The federal firearm prohibition also directly disqualifies current or prospective law enforcement officers and security personnel from employment that requires carrying a firearm.

Family Violence Charge Levels & Consequences in Texas

The criminal charge level, the family violence finding, and the collateral consequences operate on separate tracks — all of which must be addressed simultaneously.

Charge / ActionClass / TypeCriminal PenaltyCollateral Consequence
1st Assault — Family Member§22.01(a)(1) + Family Code §71.004Class A Misd.Up to 1 year • $4,000 fineFV finding → lifetime federal gun ban
2nd Assault — Family Member (prior FV)§22.01(b)(2)(A) — prior family violence conviction3rd Degree Felony2–10 years TDCJ • $10,000Prison • Felony record • Custody impact
Aggravated Assault — Family Member§22.02(b)(1) — domestic aggravated1st Degree Felony5–99 years or life • $10,000Prison • Permanent record • No parole on some
Emergency Protective OrderCCP §17.292 — issued at arrest, up to 91 daysAdministrativeNo criminal penalty — but violation is Class A Misd.Immediate removal from home possible
Final Protective OrderFamily Code §85.001 — up to 2 yearsCivil / FamilyViolation = Class A Misd. or felonyRestricts contact, housing, child access
Immigration ConsequenceINA 8 U.S.C. §1227(a)(2)(E)(i) — non-citizensFederalDeportation / removal proceedingsApplies regardless of length of U.S. residency

Deferred adjudication for family violence assault does not allow an order of non-disclosure in Texas. The record remains visible on background checks even after deferred adjudication is completed successfully.

Family violence defense attorneys San Marcos — Mark Hull and Allison Tisdale challenging domestic assault charges Hays County

How We Defend Family Violence Charges in Hays County

Family violence defense requires addressing the criminal case, the family violence finding, the protective order, and the collateral consequences simultaneously — on different tracks, with different strategies, on different timelines.

01
Challenge the assault charge on the evidence

Self-defense applies in domestic assault situations when a person reasonably believes force was immediately necessary to protect against unlawful force. We evaluate the self-defense claim, the injury evidence, and the consistency of the complaining witness’s account before making any other recommendation.

02
Challenge the family violence finding separately

The family violence finding is a distinct legal issue. We challenge whether the relationship between the parties actually satisfies the Family Code §71.004 definition, whether the evidence establishes the required relationship, and whether the finding is warranted by the evidence in the specific case.

03
Address the protective order immediately

An emergency protective order can be issued within 24 hours of arrest. We engage the protective order proceedings from day one to protect housing rights, parental access, and employment requirements that depend on being able to lawfully possess a firearm.

04
Evaluate immigration consequences for non-citizen clients

A family violence conviction is a deportation ground under federal immigration law. For non-citizen clients, we evaluate the immigration consequences alongside the criminal strategy from the first consultation and coordinate with immigration counsel where necessary.

05
Block the prosecution when the complaining witness recants

DA Kelly Higgins’s office can and does proceed on family violence cases when the complaining witness recants or refuses to cooperate. The prosecution uses 911 recordings, officer notes, and medical records. We challenge the sufficiency of that evidence directly rather than assuming the case will go away.

06
Evaluate expungement after dismissal

A dismissed family violence charge can be expunged under Texas Chapter 55, removing the arrest from background checks. A family violence conviction cannot be expunged. A successful deferred adjudication completion does not allow non-disclosure for family violence charges. Dismissal is always the goal.

Why Prosecutorial Experience Matters on Family Violence Charges

Allison Tisdale prosecuted family violence cases as a Texas state prosecutor before joining our firm. That means she has sat at the prosecution table on these cases, knows how DA Kelly Higgins’s office builds its family violence files, and understands exactly what the prosecution considers sufficient evidence to proceed when the complaining witness does not cooperate. Mark Hull has practiced Texas criminal defense for over 20 years.

Family violence cases require a defense attorney who understands the criminal law, the Family Code, the federal firearms statutes, and — for non-citizen clients — the immigration law that intersects with a domestic violence conviction. We address all four tracks simultaneously. Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including family violence charges in Hays County where the complaining witness refused to cooperate and the prosecution intended to proceed anyway.

◆ Trial-Tested Criminal Defense

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

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. Most defense attorneys in this area don’t. That changes how the prosecution evaluates every case at every prior stage.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — assault, DWI, drug, felony and misdemeanor charges of all levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Family Violence Defense FAQ — Hays County & San Marcos

What clients ask most about family violence charges in Texas — answered with specific statute citations and Hays County court details.

A family violence finding under Family Code §71.004 is a judicial or prosecutorial determination that an assault involved a family member, household member, current or former dating partner, or parent of the same child. Family is broadly defined under the Family Code and includes current and former spouses, parents, foster relationships, and anyone who lives or has lived together in the same household. The finding attaches to the criminal charge and triggers consequences that operate independently of the criminal penalty, most significantly the federal Lautenberg Amendment firearms prohibition.

No — under the federal Lautenberg Amendment (18 U.S.C. §922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing, shipping, receiving, or transferring any firearm or ammunition under federal law. A Texas Class A misdemeanor assault conviction with a family violence finding satisfies the federal definition. This prohibition is lifetime, applies to all firearms including handguns and long guns, and has no exception for employment purposes. Law enforcement officers, security professionals, and military members who receive a family violence conviction lose their ability to carry as a result. We challenge the family violence finding as a distinct objective on every case where it could attach.

No. Once DA Kelly Higgins’s office files a family violence charge, the State of Texas is the party to the case — not the alleged victim. The prosecution can and does proceed even when the complaining witness recants, refuses to testify, or requests dismissal. The office uses 911 call recordings, officer observations, photographs, medical records, and statements from other witnesses to proceed without the complaining witness’s cooperation. We build a defense that accounts for this possibility from day one.

Under Texas Code of Criminal Procedure §17.292, a magistrate must issue an emergency protective order (EPO) for any person arrested for family violence, sexual assault, or stalking if there is a finding of danger to the alleged victim or a member of the victim’s family. An EPO can be issued at the time of arrest — before you are released from jail — and lasts between 31 and 91 days. It can bar you from your own home, restrict contact with your children, and prohibit possession of firearms. A temporary ex parte protective order from the civil courts can follow immediately after. Violation of a protective order is itself a criminal offense.

Under Penal Code §22.01(b)(2)(A), a second assault against a family or household member when the defendant has a prior family violence conviction is elevated from a Class A misdemeanor to a third-degree felony: 2–10 years in TDCJ and up to a $10,000 fine. This escalation applies even if the second incident is relatively minor in terms of the injury alleged. The prior family violence conviction permanently raises the charge level for any subsequent domestic incident. This is one of the most important reasons to fight a first family violence charge aggressively rather than accept a quick plea.

A dismissed family violence charge can be expunged under Texas Chapter 55, removing the arrest from background checks. A family violence conviction cannot be expunged. Deferred adjudication for family violence assault also does not allow an order of non-disclosure in Texas — the record remains visible on background checks even after the deferred adjudication period is successfully completed. This is one of the critical differences between family violence charges and other misdemeanors, and it is a primary reason dismissal must be the goal rather than deferred adjudication.

Under the Immigration and Nationality Act, a ‘crime of domestic violence’ is a statutory ground of deportability under 8 U.S.C. §1227(a)(2)(E)(i). A Texas family violence assault conviction that constitutes a crime of violence under federal law can trigger removal proceedings for any non-citizen — including lawful permanent residents, visa holders, and DACA recipients — regardless of how long they have lived in the United States. We evaluate immigration consequences on every family violence case involving a non-citizen client and coordinate with immigration counsel where necessary.

Call 737-937-5786 immediately. Do not make any statements to law enforcement beyond providing your identifying information. An emergency protective order may be issued before you are released from jail — we can begin addressing it as soon as you retain us. The earlier we are involved, the more completely we can build the record: 911 recordings, bodycam and dashcam footage, and prior statements by the complaining witness all need to be preserved. The family violence finding, the protective order, and the criminal charge each require a separate response on a separate timeline. Every day without representation is a day the prosecution is building its file without opposition.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges in San Marcos and Hays County.

Assault Defense Hub

All assault charge types in Hays County — charge spectrum and defense overview.

Simple Assault Defense

Class A misdemeanor assault — penalties, family violence findings, and self-defense.

Aggravated Assault

Second and first-degree felony assault — serious bodily injury and self-defense.

Assault with Deadly Weapon

Felony assault with a deadly weapon — Castle Doctrine and Stand Your Ground defense.

Criminal Defense San Marcos

Full criminal defense hub — all charge types in Hays County.

Expungement San Marcos

Clearing dismissed charges from your record — Texas Chapter 55 eligibility.

Hays County Courts Guide

Guide to the Hays County Courts at Law and District Courts.

DWI Defense San Marcos

DWI defense for Hays County — all charge types and ALR hearings.

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Family Violence Charge in San Marcos or Hays County? Call Us Now.

A protective order can be issued within 24 hours of arrest. The federal gun ban attaches with the conviction. DA Kelly Higgins’s office proceeds even when the complaining witness recants. Call our San Marcos defense team at 737-937-5786 — 24 hours a day, 7 days a week.

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For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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