A family violence charge in Texas can lead to jail, a protective order, firearm restrictions, and serious problems in a custody case. Navarrete & Schwartz, P.C. represents people accused of assault involving a spouse, dating partner, co-parent, relative, or household member in Midland, Odessa, and throughout West Texas.
Our attorneys handle both criminal defense and family law matters, allowing us to address the different proceedings that can arise from one accusation. If you have been arrested or believe charges may be coming, contact us before discussing the incident with investigators or the person who made the allegation.
Why Hire Navarrete & Schwartz for a Family Violence Case?
Family violence cases can reach beyond the criminal court. A protective order, divorce, or custody dispute may unfold at the same time, and statements made in one proceeding can affect another.
Clients choose our firm for:
- Criminal defense and family law representation. We consider how the accusation could affect your freedom, your home, and your relationship with your children.
- Decades of West Texas courtroom experience. Our attorneys have represented clients in criminal and family law matters throughout West Texas and have substantial experience handling cases before judges and juries.
- Direct attorney involvement. You will work with an attorney who knows the facts and legal issues affecting your case.
- A strategy tailored to the evidence. We examine the accusation, the surrounding relationship, and any related court proceedings before recommending a course of action.
What Counts as Family Violence Under Texas Law?
Texas law applies the family violence designation to qualifying conduct involving family members, household members, or people in a dating relationship. This can include spouses and former spouses, parents of the same child, relatives, current or former dating partners, and people who live or previously lived together.
The underlying allegation may involve bodily injury, a threat of imminent harm, or offensive physical contact. The relationship between the parties affects how the case is classified and the consequences that may follow.
What Are the Penalties for Family Violence Assault?
Under Texas Penal Code Section 22.01, an allegation of bodily injury is generally prosecuted as a Class A misdemeanor. The maximum punishment is one year in jail and a $4,000 fine. Threats and offensive-contact allegations may be charged as Class C misdemeanors.
The case may become a felony when:
- The accused has a qualifying prior family violence conviction
- The alleged conduct impeded the complainant’s breathing or blood circulation
- Two or more family violence assaults allegedly occurred within a 12-month period
- The incident caused serious bodily injury or involved a deadly weapon
Prior family violence cases may affect the charge even if they ended in deferred adjudication. Because the enhancement rules are detailed, we examine the record of any earlier case rather than relying solely on how it appears on a background check.
What Restrictions Can a Protective Order Impose?
A magistrate may issue an emergency protective order after an arrest. The complainant may also seek a separate civil protective order. Depending on its terms, an order may require you to leave your home, avoid certain locations, surrender access to firearms, or have no contact with the complainant.
Bond conditions can impose similar restrictions even when no civil protective order exists. Follow every condition unless the court changes it. The complainant cannot give you permission to disregard a court order or bond condition.
We represent clients at protective order hearings and present evidence when the allegations or requested restrictions are unsupported.
Can the Case Affect Your Firearm and Custody Rights?
A qualifying protective order may prohibit firearm possession under state or federal law. A misdemeanor crime of domestic violence can also result in a federal firearm prohibition. These consequences may affect military service, law enforcement employment, security work, and hunting.
Family courts can consider credible evidence of family violence when deciding conservatorship and possession of a child. A judge may restrict visitation, require supervision, or impose conditions intended to protect the child. A criminal conviction is not always required before an allegation influences temporary family court orders.
What Should You Do After a Family Violence Arrest?
Do not contact the complainant until an attorney has reviewed your bond conditions and any protective order. Avoid discussing the incident through texts, social media, or recorded jail calls.
Preserve messages, photographs, videos, location records, and witness information. Write down what you remember, but share that account only with your lawyer. Do not delete or alter potential evidence. Contacting an attorney before your first court appearance gives the defense more time to investigate and address immediate restrictions.
What Defenses May Apply?
The evidence may show that you acted in self-defense or protected another person. The contact may have been accidental, or the allegation may be false. Disputes involving separation, custody, or a breakup can also produce incomplete or conflicting accounts.
We review police body-camera footage, 911 recordings, medical records, digital communications, and witness statements. Depending on what the evidence shows, we may seek dismissal, negotiate a reduced charge, pursue an appropriate pretrial resolution, or prepare the case for trial.
Speak With a West Texas Family Violence Defense Attorney
Decisions made shortly after an arrest can affect your criminal case and any related family court proceedings. Navarrete & Schwartz, P.C. represents clients facing family violence charges in Midland, Odessa, and throughout West Texas. Contact us to discuss the allegations with an attorney.
Frequently Asked Questions
Can the complainant drop a family violence charge?
No. Prosecutors decide whether a criminal case continues. The complainant’s position may influence that decision, but a request to drop the charge does not end the case automatically.
Can a bond condition prohibit contact without a protective order?
Yes. A judge or magistrate can impose a no-contact condition as part of your release. Violating it can lead to rearrest, bond revocation, or additional restrictions.
Can a family violence case end without a trial?
Possibly. Depending on the evidence and your record, the case may end through dismissal, pretrial intervention, or a negotiated resolution. Your attorney should explain the consequences of each option before you accept an agreement.