Texas law uses the term "family violence" for what's commonly known as domestic violence, and prosecutors pursue these cases aggressively, often continuing even after the accuser asks for the charge to be dropped. Once police are called to a home, an arrest frequently follows regardless of what either person wants at that point.
Lance Kennedy Law defends family violence and domestic violence charges throughout Waco and McLennan County. Our attorneys:
Defend clients through emergency protective orders, not just the underlying criminal charge
Understand how a pending family violence case affects an ongoing divorce or custody matter
Include a senior trial attorney with direct experience prosecuting violent crime cases before joining the defense side
Work to keep a single incident from becoming a permanent record under Texas's repeat-offense statute
Have secured dismissals and rejections in cases involving strangulation allegations, prior convictions, and pregnant victims
These cases moves fast. Call (737) 324-7540 for a FREE case review with a Waco family violence defense attorney.
Results in Family Violence Cases
Even when the State pushes forward on its own, results are still possible. Recent outcomes in family violence and domestic violence cases include:
Dismissed. Assault Family Violence.
Case Rejected. Assault Causing Bodily Injury to a Family Member.
Dismissed. Assault — Family Member.
Rejected. Assault Family Violence / Impeding Breath.
Reduced to Misdemeanor. Assault of a Pregnant Person.
Dismissed. Assault Family Violence with a Previous Conviction.
Texas Family Code § 71.004 defines family violence broadly. It covers acts intended to cause physical harm, bodily injury, assault, or sexual assault, or threats that place a family or household member in reasonable fear of harm.
"Family or household member" is not limited to spouses. It includes former spouses, people related by blood or marriage, people who live together regardless of relationship, and people in a current or past dating relationship. That breadth is exactly why so many domestic disputes end up charged as family violence, even between people who were never married.
Family Violence and Domestic Violence Charges We Defend
Assault Family Violence, the most commonly filed charge, applying the standard assault statute with a family-violence designation attached
Assault Family Violence by Impeding Breath or Circulation, Texas's strangulation provision, charged as a third-degree felony
Continuous Violence Against the Family, a felony charge built from two or more incidents within a 12-month period
Violation of a protective order, a separate criminal charge for contact that violates an existing order
Assault of a pregnant person, treated as an aggravating factor under Texas law
Emergency Protective Orders After an Arrest
An arrest for family violence in McLennan County almost always triggers a Magistrate's Order for Emergency Protection under Texas Code of Criminal Procedure Article 17.292, issued automatically at your first court appearance. This order takes effect immediately and without a hearing, whether or not the accuser wants it in place.
A typical emergency protective order prohibits:
Any contact with the protected person, directly or through someone else
Going near the protected person's home or workplace, even if you also live there
Possessing a firearm, for the duration of the order
These orders generally last 31 to 91 days depending on the severity of the offense, and violating one, even a well-intentioned phone call, brings a new criminal charge on top of the original case. If the order is displacing you from your own home, there are ways to address that early, before it becomes a longer-term problem.
Continuous Violence Against the Family: A Repeat Charge Becomes a Felony
Under Penal Code § 25.11, two or more assaults against a family or household member within a 12-month period can be charged as a single third-degree felony, Continuous Violence Against the Family, even if neither individual incident was ever separately prosecuted.
This statute is how a pattern of lower-level incidents turns into a felony exposure of 2 to 10 years, and it's frequently overcharged based on incidents that don't actually meet the statute's requirements.
Common Defenses in Family Violence Cases
Self-defense. Family violence arrests often follow a mutual altercation where the first person to call police isn't necessarily the aggressor.
False or exaggerated allegations. Not uncommon in the middle of a contested divorce or custody dispute, where an allegation can affect the outcome of both cases at once.
Insufficient evidence of injury. Many cases rest entirely on a single statement with no photographs, medical records, or independent witnesses.
Recanted or inconsistent statements. Accusers frequently change their account after the initial 911 call, and prosecutors don't always drop the case even when they do.
Frequently Asked Questions
Can a Family Violence Case Proceed if the Accuser Wants to Drop the Charges?
Yes. The decision to prosecute belongs to the McLennan County District Attorney's Office, not the accuser, and cases regularly continue over the accuser's objection.
Will a Family Violence Conviction Affect My Right to Own a Firearm?
Yes. Both Texas law and federal law under 18 U.S.C. § 922(g)(9) prohibit firearm possession following a qualifying family violence conviction, including certain misdemeanors.
Can I Go Back Home if There's an Emergency Protective Order Against Me?
Not without violating the order, even if you own or lease the home. An attorney can raise this with the court early in the case.
Is Domestic Violence a Different Charge From Family Violence in Texas?
No. Texas law uses "family violence" as the legal term. "Domestic violence" describes the same underlying conduct in common usage.
Can a Family Violence Charge Be Expunged if It's Dismissed?
Often, yes. Cases that end in dismissal or a rejected filing are frequently eligible for expunction under Texas law, though eligibility depends on the specifics of the case.
Request a FREE Case Review: (737) 324-7540
A family violence case can move forward with or without the accuser's cooperation, which means waiting to see what happens rarely works in your favor.
Call (737) 324-7540 or contact us online for a FREE, confidential case review with a Waco family violence defense attorney.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
This decision depends on the strength of the evidence, potential penalties, and your personal circumstances. Lance will provide a thorough analysis to help you make an informed choice.
Prosecutors may attempt to introduce evidence of past incidents. Lance will work to exclude any irrelevant or prejudicial evidence and context to any admissible past incidents.
You must comply with the order, even if you believe it’s unwarranted. Violating the order will only get you into deeper legal trouble. Contact Lance immediately for guidance on how to respond legally.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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I will lead you every step of the way. Together, we will fight for a dismissal.
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Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
