
The phrase domestic violence typically refers to violent behavior committed against a spouse, family member, or partner. In Texas, such cases are generally prosecuted under family violence or dating violence laws as defined in the Texas Family Code. Law enforcement officers responding to these cases often make an arrest at the scene, sometimes based on exaggerated or entirely false accusations.
If you’ve been arrested for domestic violence in Harris County or anywhere in Southeast Texas, do not speak to the police before speaking with a lawyer. Contact Salinas Defense, your trusted domestic violence defense attorneys in Houston, right away.
Certain offenses become domestic violence charges based on the alleged victim’s relationship to the accused or the context of the incident. The severity of the charges may depend on the level of injury reported and any past criminal history.
Common domestic violence-related charges we handle include:
Texas law defines family violence as any act by a family or household member that:
Depending on the nature of the offense, domestic violence penalties in Texas range from a Class A misdemeanor (up to 1 year in jail) to a first-degree felony (5 to 99 years in prison).
Family – Includes individuals related by blood or marriage, ex-spouses, parents of the same child (regardless of marital status), and foster families.
Household – Any group of people living together in the same residence, regardless of familial relationship.
Member of a Household – Includes individuals who previously lived in the household.
Dating Violence – Refers to acts (other than self-defense) committed against someone with whom the offender has or had a romantic or intimate relationship. This includes:
The existence of a “dating relationship” is determined based on the length, nature, and frequency of interactions between the people involved.
AVDA is a nonprofit organization dedicated to ending family violence through advocacy, safety planning, legal assistance, and more.
Address:
1001 Texas Ave., Suite 600
Houston, TX 77002
Phone: (713) 224-9911
Website: avda-tx.org
HAWC offers shelter, counseling, and advocacy services for domestic violence and sexual assault survivors in the Houston area.
Address:
1010 Waugh Dr.
Houston, TX 77019
Phone: (713) 528-6798
Website: hawc.org
If you or a loved one has been arrested for domestic violence in Harris County or surrounding areas, speak to a defense attorney before speaking to law enforcement.
Salinas Defense proudly defends clients in Houston, Pearland, Baytown, Pasadena, Seabrook, Friendswood, La Porte, Galena Park, and nearby Texas communities.
We’ll review your case thoroughly and work to secure the best possible outcome for you.
📞 Call us today at 832 202-8409 or submit a confidential form online for a free consultation.
The relationship, not the conduct. An assault becomes family violence when the complaining witness is a family member, a household member, or someone you are or were dating. The underlying charge is usually a Class A misdemeanor assault, but prosecutors add an affirmative finding of family violence to the judgment. That finding is what carries the long-term consequences, and it attaches even to a plea that looks like an ordinary misdemeanor.
No. In Texas the State is the party bringing the charge, not the complaining witness, and Harris County follows what is effectively a no-drop policy on family violence. A witness who no longer wants to proceed can sign an affidavit of non-prosecution, which a prosecutor may consider but is not bound by. The State can also proceed using the 911 call, body camera footage, photographs and the responding officer's testimony even when the witness declines to testify.
A magistrate can issue an emergency protective order at the time of arrest, without the complaining witness asking for it. It typically lasts 31 to 61 days, or up to 91 days when a deadly weapon was involved. It can bar you from your own home, from contacting your spouse or children, and from possessing a firearm. Violating it is a separate criminal offense. An attorney can ask the court to modify the order, for example to allow you to retrieve belongings or maintain contact with your children.
Yes, and for life. Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition, with no expiration. Texas adds its own five-year ban after release from confinement or supervision. This applies to deferred adjudication that ends in a finding of family violence, which surprises many people who believed deferred adjudication was not a conviction. For hunters, law enforcement officers, and military members it can end a career.
A second assault with a prior family violence finding is charged as a third-degree felony, punishable by two to ten years in prison, regardless of how minor the second incident was. The same enhancement applies if the assault involved choking or impeding breathing, which is charged as a felony even on a first offense. The prior finding is why negotiating the first case carefully, and avoiding the affirmative finding where possible, is worth the effort.
Texas law allows you to use force to protect yourself from someone else's unlawful force, and that defense is available in family violence cases the same as in any assault. The difficulty is that officers arriving at a domestic call often arrest the person they judge to be the primary aggressor based on who has visible injuries and who called first. Photographs of your own injuries, text messages, prior threats, and witness statements need to be collected quickly, before they disappear.
A conviction for a crime of domestic violence is a specific ground of deportability under federal immigration law, separate from the rules for crimes involving moral turpitude. It applies to lawful permanent residents as well as people on visas. Deferred adjudication counts as a conviction for immigration purposes even though Texas does not treat it as one. If you are not a United States citizen, the plea you accept on a family violence case has to be evaluated for immigration consequences before you sign it.
Cases are dismissed when the evidence is weak, when the witness is unavailable and the State cannot prove the case without them, or through negotiation. Some Harris County courts offer pretrial intervention for first-time cases without injury. A dismissal can be expunged. A conviction with a family violence finding cannot be expunged and cannot be sealed with an order of nondisclosure, which makes it one of the most permanent outcomes in Texas misdemeanor law.
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