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The night you are arrested for Assault Family Violence, you are not just thinking about bond and court dates. You are wondering whether you will see your children, whether you can go back home, and what this means for a divorce or custody fight that suddenly feels inevitable. One argument, one 911 call, and you are dealing with handcuffs, a mugshot, and a stack of confusing papers that may say you cannot go near your own house.
In Austin and across Central Texas, that single incident can collide with your entire family life. A criminal case, a divorce or custody case, and sometimes a CPS investigation can all spin up at the same time. Each system uses the same set of facts in different ways, and decisions you make quickly in the criminal case can quietly shape how much time you get with your children for years to come. The legal paperwork may talk about charges and findings, but what is really at stake is where your children live and how they grow up.
At Lance Kennedy Law, we have seen this from both sides of the courtroom. Our team includes multiple former state and federal prosecutors, including a former Assistant United States Attorney and former Assistant District Attorney, and two attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization. We have handled hundreds of jury trials and thousands of criminal cases across Texas, including many Assault Family Violence cases that overlapped with divorce and custody battles in Travis, Hays, and Williamson counties. This guide draws on that experience to explain how a criminal charge can affect your family court case, and what you can do about it.
How Assault Family Violence Charges Work In Texas And Austin Courts
To understand how a charge will affect your divorce or custody case, you first need to know what the State has actually accused you of. Under Texas law, Assault Family Violence generally means intentionally, knowingly, or recklessly causing bodily injury to a family or household member, or someone you have a dating relationship with. "Bodily injury" does not require broken bones or visible bruises. A claim of pain alone can be enough to support a charge if the officer believes the report and documents it in the police file.
Texas law has broad definitions for "family" and "household." This can include a spouse, ex-spouse, person you live with, someone you share a child with, or a current or former dating partner. In Austin and surrounding counties, many first time Assault Family Violence cases are charged as Class A misdemeanors. If the allegation involves choking or strangulation, use of a weapon, serious bodily injury, or a prior conviction involving family violence, the case can move into felony territory, which raises both criminal exposure and the way family courts view the situation.
In a typical Austin area case, an arrest happens at the scene if officers believe there is probable cause. You are booked into the Travis County Jail or the appropriate county jail, and a magistrate usually sees you within a short time to set bond and impose conditions. In many family violence cases, the magistrate also signs an emergency protective order and imposes no-contact or stay-away provisions that can keep you from returning home or communicating with the other person. These conditions are often issued very quickly, before anyone hears your side of the story in depth.
One surprise for many people is that the alleged victim does not control whether the case goes forward. In Austin, prosecutors review the police report, photos, body camera video, and any prior history, then decide whether to file or keep charges, even if the other person wants to reconcile or asks to "drop charges." Because members of our team have served as prosecutors, we understand how these charging decisions are made and what facts they focus on in Assault Family Violence cases. That insight helps us evaluate the risk level early and plan for both the criminal and family court impact.
Why Your Criminal Case And Divorce Are Tied Together
Many people think of a criminal case and a divorce or custody case as separate tracks. In reality, when family violence is alleged in Austin or Central Texas, one incident often triggers three systems at once. You may have a criminal case in county or district court, a divorce or SAPCR (Suit Affecting the Parent-Child Relationship) in family court, and a CPS case or investigation. Each system looks at the same incident through a different lens and under a different standard.
Criminal court is focused on whether the State can prove a charge beyond a reasonable doubt. Family court is focused on the best interest of the children and the safety of family members by a preponderance of the evidence, which is a lower standard that essentially asks what is more likely than not. CPS is focused on child safety and risk of future harm, using its own policies and internal thresholds. The same police report and photos can be interpreted three different ways, and family and CPS decisions often happen while the criminal case is still pending.
Family court judges in Travis, Hays, and Williamson counties generally pay close attention to any mention of family violence. A pending Assault Family Violence case can influence temporary orders that decide who stays in the home, who has temporary conservatorship, and whether a parent’s possession of children is supervised. Even without a conviction, judges may treat the allegations as serious risk indicators, especially if there are photos, 911 recordings, or statements that suggest children were present or were within earshot of the incident.
Another key point is that family judges often act on written materials that criminal judges do not see. Affidavits attached to protective order applications, detailed descriptions in divorce petitions, and CPS safety plans can all become part of the family court file. Even if you ultimately win or get a dismissal in criminal court, those documents may already have influenced how a family judge views you as a parent. We regularly see police reports copied into CPS and family files, which is why we approach a new Assault Family Violence charge with both courts in mind from the outset.
How An Assault Family Violence Case Can Change Custody And Visitation
Once a family judge sees an allegation of family violence, the conversation about custody shifts. Texas family law gives significant weight to evidence of family violence when deciding conservatorship and possession. A documented history of violence, or even a recent arrest with concerning facts, can make it much harder to obtain or keep joint managing conservatorship or equal time arrangements, especially in the early stages of a case when the facts are still being developed.
In temporary orders hearings after a recent arrest, judges frequently err on the side of caution. That can mean awarding one parent temporary exclusive use of the residence and primary custody of the children, while limiting the other parent to supervised visitation or shorter, structured visits. Judges may require counseling, anger management classes, or substance abuse evaluations as conditions before expanding access. These are not criminal penalties, but they feel very real when you are suddenly seeing your children in a supervised setting because of a pending case.
The long-term impact is often underestimated. A criminal plea or finding involving family violence can be used years later in modification cases when a parent asks to change custody or possession schedules. A documented family violence finding gives the other side a powerful argument that expanded access or joint decision-making would put the children at risk. Even if your criminal case is older, a family lawyer may highlight it to argue that you should have limited overnights or that exchanges should stay supervised because of that history.
We have handled many Assault Family Violence cases where custody and visitation were at the center of the client’s concerns. Because we focus exclusively on criminal defense, we do not handle divorce or custody cases ourselves, but we understand how family courts view criminal records and pending charges. That allows us to give realistic guidance about how a particular set of facts and a particular type of case outcome are likely to affect your ability to co-parent in Austin and across Central Texas.
Plea Deals, Dismissals, And Family Violence Findings: What Really Matters For Family Court
When someone is sitting in jail or facing repeated court dates, a quick plea offer can feel like relief. Many people believe that if they can avoid jail or get deferred probation, the problem is basically solved. In Assault Family Violence cases, that assumption can be dangerous. Family courts care less about the label on the punishment and more about what the paperwork says about what happened and to whom.
If your case is dismissed, family courts will still see the original allegations, and the other party can testify about the incident. However, a dismissal means there is no criminal judgment with a family violence finding. That can make it harder for the other side to argue that a court has officially found you committed family violence. Family judges may still be cautious, especially if there are concerning facts, but your criminal record does not contain an explicit family violence tag connected to that case.
If you accept a plea to Assault Family Violence, even with deferred adjudication, the judgment paperwork may contain a specific family violence finding. That finding can make future misdemeanor charges eligible for felony enhancement and can trigger long-term firearm restrictions. In family court, that same finding can be presented as an official confirmation that family violence occurred. Parents are often surprised to learn that a deferred deal, which they thought would keep their record clean, still reads as family violence in the eyes of a family judge and can be used that way for years.
Sometimes it is possible to negotiate a plea to a non-family violence offense or to structure the agreement in a way that avoids a formal family violence finding, depending on the facts and the prosecutor’s position. That is not always available, but when it is, it can significantly soften the impact on both your criminal exposure and your family court case. These are the kinds of nuanced outcomes that require careful negotiation and a clear view of the collateral consequences, especially when there are children involved.
Our team includes two attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization. That certification reflects substantial experience in serious criminal matters and complex plea and trial work. We draw on that background when evaluating any proposed resolution in a family violence case. We are not just asking what keeps you out of jail today. We are asking what the judgment will look like years from now when a family judge reviews it in a modification hearing or when the State looks at enhancement options in a new case.
Protective Orders, Bond Conditions, And Who Can Live In The Home
Many people first feel the impact of an Assault Family Violence charge when they are told they cannot go home. That restriction can come from several places. After an arrest in Austin or nearby counties, a magistrate can issue an emergency protective order that orders you to stay away from the alleged victim’s home, workplace, and sometimes the children’s school. At the same time, the judge setting your bond can impose conditions that include no contact or limited contact with the other person, which can be written into your bond paperwork.
Separately, the other party can apply for a protective order in family court. That request may be part of a divorce or SAPCR case or may be filed on its own. If a temporary protective order is granted, it can require you to stay away from specific locations, surrender firearms, and avoid any direct or indirect contact with the protected person. Violating these orders is a separate offense that can lead to new charges and arrest, even if the underlying Assault Family Violence case is still pending and you have not been convicted.
Bond conditions and protective orders often intersect with your parenting time in ways that are not obvious at first. If the children live primarily with the protected person and the orders prohibit contact or prohibit you from going to the residence, your ability to see your children may be limited or practically eliminated until the orders are modified or the family court sets new temporary orders. Even phone calls or messages that seem harmless can be interpreted as contact in violation of the order, especially if they go to the protected person’s number, email, or social media account.
Violations of protective orders and bond conditions are taken seriously in Austin and throughout Central Texas. From the criminal side, a violation can add new charges and give prosecutors leverage, and it can convince a judge to raise bond or revoke it. From the family court side, violating orders is often viewed as proof that you will not follow court directions, which can lead to tighter restrictions on possession and access with your children and can damage your credibility in future hearings.
We pay close attention to bond conditions and protective order language at the start of a case because we understand how these details affect where you can live, how you work, and how you parent. Our strategic case management approach focuses on addressing these issues early, when possible, to reduce unnecessary hearings and position you to maintain as much stability as the circumstances allow while your cases move forward.
Coordinating With Your Divorce Lawyer, CPS, And Criminal Defense Team
When Assault Family Violence allegations hit, you may suddenly find yourself dealing with a criminal defense lawyer, a divorce or custody lawyer, and a CPS caseworker, sometimes all within days. Each has a different role. Your family lawyer focuses on temporary and final orders about property, support, and parenting. Your criminal defense lawyer focuses on protecting your liberty and record. CPS looks at child safety and often pushes for plans that limit contact or require services to reduce its perceived risk.
If these efforts are not coordinated, one case can undercut the other. For example, a divorce petition or protective order affidavit might include detailed descriptions of the alleged incident to persuade the family judge. Those details can later be used in the criminal case as prior inconsistent statements or as additional proof. Similarly, an ill-timed decision to testify fully in a custody hearing can create a transcript that prosecutors quote back to you in a criminal trial or plea negotiations.
Effective coordination means planning who will speak where, what topics will be addressed, and where you may assert your right to remain silent. In some situations, it may make sense for your family lawyer to ask for limited temporary orders while the criminal case is pending, rather than pushing for a full evidentiary hearing that would require you to testify. In others, carefully crafted stipulations about temporary arrangements can avoid creating a record of detailed accusations while still protecting children and satisfying the court that there is a structure in place.
CPS adds another layer. Caseworkers may ask you to participate in interviews, sign safety plans, or agree to certain restrictions. Statements you make to CPS are often shared with prosecutors or appear in reports that end up as exhibits in both courts. We help clients think through how to cooperate enough to protect their children’s safety and avoid unnecessary conflict, while not handing the State extra ammunition in the criminal case. That may include planning who attends meetings, how communications are documented, and when your lawyers should be involved directly.
Our Austin-based criminal defense practice, with additional offices in San Antonio, Sugar Land, and Frisco, routinely interacts with family lawyers and CPS in complex cases across Texas. We understand the pressures each player is under and work to streamline communication so you are not getting conflicting advice from different corners. That coordination is critical if you want to protect both your rights in criminal court and your relationship with your children.
Contact Our Team Today at Lance Kennedy PLLC
An Assault Family Violence charge in Austin or Central Texas can feel like it has taken control of your life overnight. It affects where you can live, who you can see, whether you can carry a firearm, and how judges view you as a parent. Criminal court, family court, and CPS may all be moving at once, and each decision in one system ripples into the others. You cannot afford to treat the criminal case as something separate from your divorce or custody case.
A coordinated criminal defense strategy, built with a clear understanding of how local prosecutors, family judges, and CPS handle these cases, can make a meaningful difference. As former federal and state prosecutors and Board Certified Criminal Law attorneys, we know how the government builds family violence cases and how those cases look when they land in family court files. We use that insight to help clients navigate bond conditions, plea negotiations, and protective orders while keeping an eye on long-term parenting and record consequences.
If you have been arrested for Assault Family Violence and are in the middle of, or headed toward, a divorce or custody dispute, you do not have to guess your way through it. Talk with a criminal defense team that understands how these systems intersect across Travis, Hays, Williamson, and other Texas counties, and that is prepared to challenge the government’s case while protecting your future.
Call (737) 324-7540 to talk with Lance Kennedy Law about your situation.