If you’ve been arrested for domestic violence in Austin, you’re facing what Texas law calls “assault family violence,” and Travis County prosecutes these charges under a no-drop policy. An Emergency Protective Order is likely already in place. Penalties range from up to a year in jail to life in prison, and a family violence finding creates a permanent record that affects your gun rights, child custody, and immigration status.
Former federal and state prosecutor Jorge Vela has handled hundreds of violent felony cases from the government’s side and now defends clients facing these same charges in Travis County. Call (512) 537-1237 for a 24/7 consultation. Se habla español.
How Family Violence Charges Work in Austin and Travis County
Texas doesn’t use the term “domestic violence” in its criminal statutes. The official charge is assault family violence, filed under Texas Penal Code § 22.01, and the legal definition of who qualifies as a “family member” is much broader than most people expect. Under Texas Family Code §§ 71.003–71.006, protected relationships include current and former spouses, parents of the same child, dating partners, roommates, foster families, and anyone related by blood, marriage, or adoption.
The charge level depends on the circumstances and can range from a Class A misdemeanor for a first offense to a first-degree felony for aggravated domestic assault. Strangulation or impeding breath is automatically a third-degree felony, even on a first offense. The full penalty breakdown appears in the table below.
Continuous violence against the family under Texas Penal Code § 25.11 is another charge to be aware of. Two or more domestic assaults within a 12-month period can be charged as a standalone third-degree felony, even if neither incident would have been a felony on its own.
The Travis County District Attorney’s Office enforces a no-drop policy that sets this jurisdiction apart from many others. Prosecutors will pursue your case whether the alleged victim cooperates or not. An affidavit of non-prosecution may influence the prosecutor’s decision, but it doesn’t guarantee dismissal. All misdemeanor family violence cases in Travis County are assigned to County Court at Law #4, which handles assault defense and family violence cases exclusively.
Why Trust the Law Office of Jorge Vela as Your Domestic Violence Defense Lawyer
Your attorney’s understanding of how the prosecution builds a family violence case will shape every decision in your defense. Jorge Vela spent seven years as a prosecutor, first as an Assistant District Attorney handling violent felonies in Travis County and Webb County, then as an Assistant United States Attorney in the Southern District of Texas.
He prosecuted hundreds of domestic assaults, aggravated assaults, and strangulation cases, and he knows what evidence prosecutors rely on, from 911 recordings and body-cam footage to excited utterances and injury photographs, because he used that same evidence himself.
That insider perspective changes how Jorge approaches your defense in County Court at Law #4 and throughout Travis County. He knows which weaknesses in the State’s evidence can lead to dismissals, which constitutional challenges carry weight with local judges, and how to position a case so that prosecutors are willing to negotiate a resolution that protects your record.
Family violence charges carry consequences that reach beyond the criminal courtroom. A conviction, or even deferred adjudication with a family violence finding, can trigger deportation, visa denials, and bars to naturalization. Jorge evaluates every family violence case through both a criminal defense and an immigration lens from day one, and he handles protective order defense alongside the criminal case so non-citizen clients get coordinated representation instead of juggling two separate attorneys.
Penalties and Permanent Consequences of a Family Violence Conviction
The jail time and fines are serious, but the collateral consequences of a family violence conviction are often what change a defendant’s life the most. Here’s how Texas classifies these charges:
Charge | Circumstances | Jail/Prison Range | Fine |
Class A Misdemeanor | First-offense domestic assault causing bodily injury | Up to 1 year in county jail | Up to $4,000 |
Third-Degree Felony | Prior family violence conviction or deferred adjudication | 2–10 years in prison | Up to $10,000 |
Third-Degree Felony | Strangulation or impeding breath/circulation (even first offense) | 2–10 years in prison | Up to $10,000 |
Third-Degree Felony | Continuous violence against the family (two+ assaults in 12 months) | 2–10 years in prison | Up to $10,000 |
Second-Degree Felony | Aggravated domestic assault (serious bodily injury or deadly weapon) | 2–20 years in prison | Up to $10,000 |
First-Degree Felony | Aggravated domestic assault with enhancement | 5–99 years or life in prison | Up to $10,000 |
If you’re placed on probation for a family violence offense in Travis County, you’ll be required to complete a Battering Intervention and Prevention Program (BIPP), a state-certified 26-week course specifically designed for family violence offenders. This is not the same as anger management, and the court won’t accept a substitute. For non-citizens, a family violence conviction can also trigger removal proceedings and bars to naturalization under federal immigration law, making criminal immigration defense an essential part of the case strategy.
Can a Domestic Violence Conviction Be Expunged in Texas?
A family violence conviction cannot be expunged in Texas. What surprises most defendants is that even a deferred adjudication, which many people assume is the “best-case” outcome, cannot be sealed through a non-disclosure order. Texas Government Code § 411.074 specifically excludes family violence offenses from non-disclosure eligibility, which means a deferred adjudication leaves a permanent, publicly visible record that shows up on background checks for employment, housing, and professional licensing.
Understanding this distinction matters because the family violence finding itself, not the conviction alone, is the legal trigger for most of these cascading consequences. It’s the finding that follows you.
Does a Family Violence Conviction Affect Gun Rights in Texas?
Federal law imposes a permanent firearms prohibition on anyone convicted of a misdemeanor crime of domestic violence. Under 18 U.S.C. § 922(g)(9), known as the Lautenberg Amendment, you are barred from possessing firearms or ammunition for life, including in your own home, and Texas has no state-level process to restore that right. A violation is a separate federal felony. For clients who own firearms, serve in law enforcement, or hold a military position, this consequence alone can be career-ending.
How Does a Family Violence Finding Affect Child Custody?
If you’re a parent, a family violence finding can fundamentally change the outcome of your custody case. Under Texas Family Code § 153.004, a court that finds credible evidence of family violence must apply a rebuttable presumption that appointing the accused parent as a joint managing conservator is not in the child’s best interest. You can overcome that presumption, but the burden shifts entirely to you. The finding also affects visitation schedules, possession orders, and conditions of access, which means it can shape your relationship with your children for years after the criminal case closes.
What Happens After a Domestic Violence Arrest in Travis County?
Most defendants don’t realize that a protective order is already in place before they’ve spoken to a lawyer. When you’re arrested for family violence in Travis County, the magistrate issues an Emergency Protective Order (EPO) or a Magistrate’s Order of Emergency Protection (MOEP) under Texas Code of Criminal Procedure Article 17.292 at booking. These orders are issued ex parte, meaning you have no opportunity to contest them.
A standard EPO lasts 31 to 61 days (up to 91 if serious bodily injury or a deadly weapon was involved) and typically prohibits all contact with the alleged victim, requires you to stay 200 yards from their residence and workplace, and may require you to surrender firearms.
We understand how disorienting this is. You may have been removed from your own home, cut off from your children, and placed under GPS monitoring or curfew, all before your case has been assigned to a court. If you need to talk to a defense attorney right now, call (512) 537-1237.
One of the most common mistakes defendants make is accepting contact initiated by the alleged victim. Under Texas Family Code § 85.026, even the alleged victim cannot waive a protective order. If they invite you to come home and you go, you can be arrested for violation of a protective order under Texas Penal Code § 25.07, a Class A misdemeanor that becomes a felony if it involves an assault. Only the court can modify or lift the order.
A final protective order is different. It requires a formal hearing where you have the right to be represented, present evidence, and cross-examine witnesses. A skilled domestic violence defense attorney can challenge the factual basis or argue against overly broad terms at that hearing.
How Do You Defend Against Domestic Violence Charges in Austin?
Because Travis County’s no-drop policy means the prosecution is already building its case the moment you’re arrested, your family violence attorney has to be proactive from day one. Prosecutors rely on 911 audio, body-cam footage, and officer testimony to pursue convictions even when the alleged victim refuses to testify, so an effective defense targets the quality of that evidence, the credibility of the allegations, and the specific charge classification.
False Accusations in Divorce and Custody Disputes
False or exaggerated domestic violence accusations surface frequently in the middle of divorce proceedings and custody battles. The alleged victim may have a financial or custodial motive to fabricate or inflate the allegations, and the timing of the accusation relative to a family court filing can reveal that motive.
The defense builds its case by identifying inconsistencies between the 911 call, the police report, and any later sworn statements, then presenting contradicting evidence such as text messages, surveillance footage, or witness testimony. When there are no photographs of injuries and no medical records corroborating the allegations, the prosecution’s case becomes significantly harder to prove.
Self-Defense and Constitutional Challenges
Texas law recognizes self-defense in domestic situations, and you have no duty to retreat from your own home. Under Texas Penal Code § 9.31, you can use force if you reasonably believe it is immediately necessary to protect yourself from another person’s unlawful use of force, and Stand Your Ground protections apply even inside a shared residence.
Constitutional challenges are also central to family violence defense. Warrantless entry into your home, questioning without Miranda warnings, and coerced statements can all lead to evidence suppression. Prosecutors in these cases frequently rely on the alleged victim’s statements to responding officers as “excited utterances,” a hearsay exception, and challenging whether those statements were genuinely spontaneous can undermine the State’s case.
Negotiating to Remove the Family Violence Finding
In many family violence cases, the most strategically valuable outcome isn’t simply avoiding a conviction. It’s resolving the case in a way that removes the family violence finding from the final disposition. A plea to standard assault or disorderly conduct without the domestic violence designation preserves your gun rights under federal law, protects your standing in a custody case, and keeps future non-disclosure options open.
Prosecutors don’t volunteer this distinction, and the wrong plea language can lock in a finding even when the resolution looks favorable on paper. An experienced defense attorney identifies this opportunity early and negotiates the terms before a plea is ever entered.
Call the Law Office of Jorge Vela for Domestic Violence Defense in Austin
A family violence finding in Texas is permanent. It can’t be erased, and it will follow you through custody hearings, background checks, and federal firearms law for the rest of your life. The defense strategy you choose right now is the single most important decision you will make in this case.
Jorge is an experienced criminal defense attorney in Austin, TX who knows how the Travis County DA’s Office builds domestic violence cases because he built them himself for seven years. Every family violence case that comes through our office is evaluated through both a criminal defense and an immigration lens from day one, so you’re never caught off guard by consequences your attorney didn’t see coming.
The sooner we get started, the more effective we can be. Bond conditions are already in place, the prosecution is already assembling evidence, and your defense options narrow with every day that passes.
Call the Law Office of Jorge Vela at (512) 537-1237. We’re available 24/7. Se habla español.
Our office is at 818A W 10th St, Austin, TX 78701. We serve Travis, Williamson, Hays, and Bastrop Counties, including Pflugerville, Georgetown, San Marcos, Round Rock, and Cedar Park. Schedule a consultation today.