Attorney
A family member’s accusation of assault can upend your life within hours. In Texas, police responding to domestic disturbance calls often make an arrest on the spot—even without physical evidence—and prosecutors in West Texas counties pursue these charges aggressively. Once the system starts moving, you may face an emergency protective order that removes you from your home, restricts contact with your children, and requires you to surrender any firearms you own.
Texas law treats family violence assault more harshly than other assault charges. A first offense can be charged as a Class A misdemeanor carrying up to one year in jail. If you have a prior family violence conviction—or if the alleged act involved choking or strangulation—you’re looking at a third-degree felony with prison time of two to ten years. These charges also trigger consequences that follow you for life: lost gun rights, damaged custody cases, and a criminal record that employers and landlords will see.
The decisions you make in the first 24 to 48 hours matter enormously. A West Texas criminal defense attorney can intervene early, protect your rights during questioning, and begin building a defense before the prosecution locks in its narrative.
Understand the Legal Definition of Family Assault in Texas
In Texas, assault is defined under Texas Penal Code § 22.01, but when the alleged victim is a family or household member, the law applies enhanced provisions under § 22.01(b)(2). This distinction matters.
A “family or household member” includes:
- Spouses and former spouses
- Relatives by blood or marriage
- Individuals who share a child
- Current or former household members
Family assault charges often carry more severe consequences than general assault. These may include mandatory counseling, intervention programs, and automatic protective orders. The emotional and legal stakes are higher, especially when custody or housing is involved. Understanding this legal distinction helps you avoid missteps that could worsen your situation.
Do Not Speak to Police Without Legal Counsel
If you’re accused of assault by a family member, your first instinct may be to explain your side to the police. Resist that urge.
Anything you say can be used against you, even if you believe you’re helping your case. In West Texas, criminal defense attorneys consistently advise clients to remain silent until they have legal representation. This is not about hiding the truth; it’s about protecting your rights.
Early legal counsel can:
- Prevent self-incrimination
- Help you understand the charges
- Guide you through police interviews and court appearances
In many cases, police may issue a no-contact order immediately after the accusation. Violating this order, even unintentionally, can lead to additional charges. A lawyer can help you navigate these restrictions from the start.
Know What to Expect: Protective Orders and Legal Restrictions
After a family assault accusation, Texas courts often issue a protective order, also known as a no-contact or restraining order. These orders are typically issued quickly and can significantly affect your daily life.
Protective orders may:
- Prohibit you from contacting the accuser
- Prevent you from returning to your home
- Restrict communication with your children
Violating a protective order is a separate criminal offense in Texas. Even if the accuser initiates contact, you can still be penalized for responding.
These orders are usually temporary at first, but they can be extended or modified. A West Texas defense attorney can help you understand the terms and, if appropriate, request changes that allow for necessary communication or access to shared property.
Preserve Evidence and Build Your Defense
In the early stages of a family assault case, preserving evidence is critical. The more documentation you have, the better your attorney can build a strong defense.
Take the following steps:
- Save all texts, emails, and call logs related to the incident
- Collect witness statements from anyone who observed the events
- Keep medical records or photographs that support your version of events
- Create a timeline of what happened before, during, and after the alleged incident
This information can be used to challenge the prosecution’s case, negotiate reduced charges, or support your position in custody or protective order hearings. Acting quickly to gather and protect this evidence can make a significant difference in the outcome of your case.
Get the Legal Support You Need from a West Texas Criminal Defense Attorney
If you’ve been accused of assault by a family member in West Texas, don’t face the legal system alone. The attorneys at Navarrete & Schwartz, P.C. have extensive experience defending clients in complex domestic assault cases. Contact us today to schedule a confidential consultation and take the first step toward protecting your future.