A Georgetown domestic violence lawyer defends people accused of family violence in Williamson County. In Texas, “domestic violence” is charged as assault against a family, household, or dating partner under Penal Code § 22.01, and a conviction can cost you your firearm rights and your immigration status. It can also affect custody and your ability to return home.
At the Law Office of Jorge Vela, a former state and federal prosecutor who handles both criminal defense and immigration builds the defense. Call (512) 537-1237 for a free, confidential consultation. Available 24/7. Se habla español.
What Is Domestic Violence (Family Violence) Under Texas Law?
Texas has no separate “domestic violence” statute. What most people call domestic violence is legally a family violence designation under Texas Family Code § 71.004, applied when an assault is committed against someone in a protected relationship.
A family violence lawyer in Georgetown can explain how the designation triggers consequences that go well beyond standard assault penalties, including a permanent firearm ban and a bar on sealing the record.
How Does Assault Differ From Domestic Violence in Texas?
The criminal act is the same. An assault against a stranger is charged under § 22.01. The same act against someone in a protected relationship under the Family Code carries a family-violence designation with additional penalties and collateral consequences.
Who Counts as a “Family or Household Member” in Texas?
Texas Family Code defines three categories. Family members are people related by blood, marriage, or adoption, including former spouses and parents of the same child (§ 71.003). Household members are people who currently live together or previously lived together (§ 71.005). Dating partners are people in a continuing romantic relationship (§ 71.0021). All three categories trigger the family-violence designation.
Why Trust the Law Office of Jorge Vela as Your Georgetown Domestic Violence Defense Lawyer
Jorge Vela tried assault and violent-felony cases as an Assistant District Attorney in Travis and Webb Counties, then prosecuted large-scale drug trafficking organizations as an Assistant United States Attorney in the Southern District of Texas. He knows how the state builds a family-violence file because he assembled them himself: 911 audio, body-cam footage, outcry statements, injury photos, and prior-call history.
The firm practices in the Georgetown courts regularly and is familiar with the Williamson County prosecutors and judges who handle family violence cases. Jorge also handles criminal immigration defense, which is rare and essential for non-citizen defendants facing a charge that carries deportation risk.
He is a native Spanish speaker, and clients work directly with him or partner attorney Miguel Aguilera. The firm is available 24/7 at (512) 537-1237.
Why Hire a Former Prosecutor for a Family Violence Charge?
A former prosecutor knows how the state assembles a family-violence case and where the evidence falls short. Jorge evaluated that evidence from the prosecution side for years and now applies that same lens to build your defense.
Types of Domestic Violence Charges in Texas
The charge level depends on what happened and the defendant’s criminal history. These are the most common family violence charges filed in Williamson County:
- Assault family violence / bodily injury (§ 22.01): Causing physical pain or impairment to a family, household, or dating partner. Class A misdemeanor.
- Domestic assault by threat or offensive contact: Threatening imminent harm or making provocative physical contact against a family or household member. Class C misdemeanor.
- Assault by strangulation / impeding breath (§ 22.01(b)(2)(B)): Impeding normal breathing or blood circulation during a family violence assault. Third-degree felony.
- Repeat family-violence assault (§ 22.01(b)(2)(A)): Assault family violence with a prior family violence conviction. Third-degree felony.
- Continuous violence against the family (§ 25.11): Third-degree felony. Defined in the section below.
- Aggravated domestic assault (§ 22.02): Causing serious bodily injury or using a deadly weapon during a family violence assault. Second-degree felony, elevated to first-degree when the victim is a family member in certain circumstances.
- Violation of a protective order: Can be charged as a Class A misdemeanor or up to a third-degree felony depending on the circumstances and prior history.
Is Domestic Violence a Felony or a Misdemeanor in Texas?
A first-offense assault family violence is typically a Class A misdemeanor. It becomes a felony with a prior family violence conviction, strangulation, continuous violence (two or more assaults within 12 months), or aggravating factors like serious bodily injury or a deadly weapon.
What Is Continuous Violence Against the Family?
Under Texas Penal Code § 25.11, continuous violence against the family is a third-degree felony charged when a person commits two or more assaults against a family member within a 12-month period.
The prosecution does not need to prove exact dates for each incident, which makes this charge easier for the state to bring and harder to defend without experienced counsel.
Penalties and Long-Term Consequences of a Family Violence Conviction
Penalties range from a fine to life in prison. The classification of the charge determines the sentencing range:
Classification | Jail/Prison Range | Maximum Fine |
Class C Misdemeanor | No jail | $500 |
Class A Misdemeanor | Up to 1 year (county jail) | $4,000 |
Third-Degree Felony | 2–10 years (state prison) | $10,000 |
Second-Degree Felony | 2–20 years | $10,000 |
First-Degree Felony | 5–99 years or life | $10,000 |
The sentence is only part of the cost. An affirmative finding of family violence under Code of Criminal Procedure Art. 42.013 triggers a permanent federal firearm ban and a bar on sealing the record through nondisclosure. Employment, housing, and custody can all be affected.
Will I Lose My Gun Rights After a Domestic Violence Conviction?
Domestic violence gun rights are governed by federal law. Under 18 U.S.C. § 922(g)(9), firearm possession is permanently banned for anyone convicted of a misdemeanor crime of domestic violence. This ban applies even when the conviction is a Class A misdemeanor, with no exceptions for hunting or sporting firearms.
Many people accept a family-violence plea without realizing the firearm consequences are permanent and federal.
Can a Domestic Violence Charge Be Removed From My Record in Texas?
If your case is dismissed or you’re acquitted, you may be eligible for expunction. Deferred adjudication may qualify for an order of nondisclosure, but an affirmative finding of family violence permanently bars nondisclosure under Texas law.
Protective Orders and What Happens After a Domestic Violence Arrest
After a family-violence arrest in Georgetown, a magistrate often issues an Emergency Protective Order under Code of Criminal Procedure Art. 17.292 without the defendant’s input. The order typically imposes no-contact and stay-away conditions covering the alleged victim, the shared residence, and sometimes the children. Firearm surrender may also be required.
Violating the order, even accidentally, can result in a separate criminal charge. A text message, a phone call through a friend, or returning to the home to pick up belongings can all trigger a violation.
Once retained, counsel can move to modify terms that are unworkable, such as conditions that prevent you from returning to your own home or seeing your children.
What Is an Emergency Protective Order in Texas?
A Magistrate’s Order of Emergency Protection under CCP Art. 17.292 is issued at or shortly after arrest, often before the defendant has counsel or any opportunity to respond. It can last 31 to 91 days depending on the charge and restricts contact with the alleged victim and access to the residence. It may also require firearm surrender.
What Happens if I Contact the Alleged Victim After My Arrest?
Any contact while a protective order or no-contact bond condition is in place can result in a separate criminal charge, even if the alleged victim initiated the conversation. This includes phone calls, text messages, social media messages, and contact through a third party.
Do not communicate with the alleged victim until your attorney confirms it is legally safe to do so.
Immigration Consequences of a Domestic Violence Charge
Domestic violence immigration consequences are severe. A conviction for a “crime of domestic violence” is a deportable offense under INA § 237(a)(2)(E). This applies to lawful permanent residents and visa holders, not only undocumented individuals. Stalking convictions and violations of protective orders are also deportable under the same section.
A plea that resolves the criminal case favorably can still be devastating on the immigration side if nobody accounts for the overlap. The Law Office of Jorge Vela handles both criminal defense and criminal immigration defense, so the defense strategy protects both your freedom and your immigration status from the first meeting.
Can a Domestic Violence Conviction Lead to Deportation?
Yes. A conviction for a crime of domestic violence, stalking, or violating a protective order is a deportable offense for any non-citizen, including green card holders. Jorge communicates directly with clients in Spanish about the immigration stakes without relying on a translator.
How We Defend Domestic Violence Charges in Georgetown
If you need a domestic violence attorney in Williamson County, several defense strategies may apply to your case:
- Self-defense / defense of others: You reasonably believed force was necessary to protect yourself or someone else in the household.
- False or exaggerated allegations: Fabricated claims are common in divorce and custody disputes where a family-violence accusation creates tactical advantage in family court.
- Victim recantation and the affidavit of non-prosecution: Addressed in detail below.
- Lack of intent / accidental contact: The state must prove you acted intentionally, knowingly, or recklessly. Accidental contact during an argument is not assault.
- Challenging the state’s evidence: 911 recordings, body-cam footage, injury timing and severity, and witness credibility are all subject to challenge. Inconsistencies between the initial 911 call and the written police report are common.
Can Domestic Violence Charges Be Dropped if the Victim Doesn’t Want to Press Charges?
Only the prosecutor decides whether to pursue a family violence case. The alleged victim can file an affidavit of non-prosecution with the Williamson County Attorney’s Office or the DA, but that document does not bind the state. Prosecutors in Williamson County routinely proceed using police reports, body-cam footage, 911 recordings, and other evidence even when the complainant has recanted.
What Is the Best Defense Against a Family Violence Charge?
There is no single best defense. The strongest approach depends on the facts of your case. Self-defense and false allegations in the context of a custody dispute are common starting points. Challenging the state’s evidence on its own terms is often just as effective in Williamson County family violence cases.
The Domestic Violence Case Process in Williamson County
Family violence arrests in Georgetown typically involve the Georgetown Police Department or the Williamson County Sheriff’s Office. Once an officer responds to a 911 call involving family or household members, someone is almost always arrested, even when the facts are disputed.
Cases typically involve multiple pretrial settings, and BIPP (Battering Intervention and Prevention Program) may be available as a counseling or diversion option for eligible defendants.
Where Are Domestic Violence Cases Handled in Georgetown, Texas?
Misdemeanor family violence cases are heard in the Williamson County Courts at Law and felonies in the Williamson County District Courts, both at the Justice Center at 405 Martin Luther King Jr. Street, Georgetown, TX 78626. Cases from Georgetown, Round Rock, Cedar Park, Leander, Hutto, Taylor, and Liberty Hill all funnel through the same court system.
Frequently Asked Questions
Is Domestic Violence a Felony or a Misdemeanor in Texas?
A first-offense assault family violence is typically a Class A misdemeanor. It becomes a felony with a prior conviction, strangulation, continuous violence, or aggravating factors.
Can Domestic Violence Charges Be Dropped if the Alleged Victim Recants?
The prosecutor decides whether to pursue the case regardless of the complainant’s wishes. Recantation may weaken the state’s case, but prosecutors in Williamson County routinely proceed with other evidence including police reports, body-cam footage, and 911 recordings.
What Is an Emergency Protective Order and How Long Does It Last?
Issued at or after arrest under CCP Art. 17.292. It lasts 31 to 91 days and restricts contact, residence access, and firearm possession.
Can a Domestic Violence Conviction Affect My Immigration Status?
Yes. A conviction for a crime of domestic violence is a deportable offense under INA § 237(a)(2)(E). This applies to green card holders and visa holders.
How Long Does a Domestic Violence Case Take in Williamson County?
Timelines vary by charge and complexity. Misdemeanor cases may resolve in a few months. Felony cases involving a grand jury and multiple pretrial settings can take considerably longer. Having an attorney involved early often shortens the timeline.
Can a Family Violence Charge Be Removed From My Record in Texas?
Dismissed cases may qualify for expunction. Deferred adjudication may qualify for nondisclosure. An affirmative finding of family violence permanently bars nondisclosure.
Talk to a Georgetown Domestic Violence Lawyer at the Law Office of Jorge Vela
A family violence charge in Williamson County carries consequences that reach far beyond the courtroom: your firearm rights, your immigration status, and your custody arrangement. It can also determine whether you go home tonight. Acting before the case is filed gives the defense the widest range of options.
As your domestic violence defense attorney in Georgetown, Jorge Vela and partner attorney Miguel Aguilera handle every case personally. The firm serves Georgetown, Round Rock, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, and all of Williamson County from the Georgetown criminal defense attorney office.
Call (512) 537-1237 any time, day or night. Free, confidential consultation. Se habla español. Or contact us online.
