If you or someone you care about is facing a domestic violence situation in Austin or Travis County, you need clear answers and immediate support. Whether you are a victim seeking protection or an individual facing domestic violence charges, this guide explains your rights, your options, and how an austin domestic violence attorney can help you navigate what comes next.
What Is Domestic Violence (Family Violence) Under Texas Law?
Texas uses the terms “family violence” and “dating violence” under Texas Family Code Chapter 71 to describe what many people call domestic violence or domestic abuse. Understanding these definitions is essential because they determine who qualifies for legal protections and what charges prosecutors may file.
Under Texas law, family violence includes:
- Physical harm or bodily injury to a family member or household member
- Assault, including assault by threat that places someone in fear of imminent bodily injury
- Sexual assault committed against a family or household member
- Acts intended to result in physical harm, bodily harm, or serious bodily injury
- Any conduct that reasonably places a family or household member in fear of imminent harm
Who Qualifies as “Family” or “Household” Under Texas Law?
The texas family code defines protected relationships broadly:
|
Relationship Type |
Examples |
|---|---|
|
Spouses and former spouses |
Current or ex-husband/wife |
|
Parents of the same child |
Regardless of marriage status |
|
Blood relatives |
Parents, siblings, grandparents, aunts, uncles |
|
Foster relationships |
Foster parent, foster child, anyone in foster care |
|
Household members |
Unrelated people living in the same dwelling in Austin or Travis County |
|
Dating partners |
People in a continuing romantic or intimate relationship |
For dating violence, Travis County courts consider the length of the relationship, the nature of the relationship, and how frequently the partners interacted when deciding whether the legal definition applies.
Domestic violence is not limited to physical attacks. Emotional abuse, threats, controlling behaviors, and financial abuse—such as withholding money or preventing someone from working—can trigger legal measures even when no visible injuries are present.
Common Domestic Violence Charges in Austin and Travis County
Domestic assault charges in Austin range from misdemeanors to serious felonies depending on the allegations, the severity of injuries, and any prior history. Understanding the potential criminal charges helps you prepare for what you may face in the legal system.
Key Offenses Under Texas Penal Code
Assault Causing Bodily Injury (Family Violence)
- Typically a Class A misdemeanor
- Can result in up to one year in county jail and fines up to $4,000
- Becomes more serious with prior convictions
Assault Family Violence with Prior Conviction
- Charged as a third degree felony if you have any prior family violence conviction or finding
- Carries 2 to 10 years in state prison
Aggravated Assault (Family Violence)
- Charged when the assault causes serious bodily injury or involves a deadly weapon
- A second degree felony (2 to 20 years) or first degree felony (5 to 99 years) depending on circumstances
Assault by Strangulation or Suffocation
- Specifically targets choking or impeding breath against a family or household member
- Third degree felony under Texas law
Related Charges in Austin Domestic Cases
Beyond assault family violence charges, prosecutors in Travis County may file additional criminal charges:
- Continuous violence against the family: Two or more assault incidents within 12 months, charged as a third degree felony
- Injury to a child, elderly person, or disabled individual
- Terroristic threat against a family member
- Stalking or harassment
- Interference with an emergency call: Taking or destroying a phone during a 911 call
- Violation of a protective order: Separate criminal offense with its own penalties
Law enforcement in Austin often makes arrests based on probable cause even when the situation is confusing or involves conflicting stories. This means charges can stem from misunderstandings, exaggerated claims, or situations where you acted in self defense.
Texas Domestic Violence Laws, Penalties, and Long-Term Consequences
Texas treats domestic and family violence accusations with particular severity. Beyond jail time and fines, domestic violence convictions create lasting consequences that affect your personal life for years.
How Penalties Escalate
Several factors increase the severity of charges and potential sentences:
|
Aggravating Factor |
Effect on Charges |
|---|---|
|
Prior family violence finding |
Misdemeanor becomes third degree felony |
|
Use of a deadly weapon |
Charge elevated to aggravated assault |
|
Serious bodily injury |
Elevated to second degree felony or higher |
|
Victim is pregnant |
Enhanced penalties |
|
Children witnessed the incident |
May affect sentencing and custody |
|
Strangulation involved |
Automatic third degree felony |
The “Family Violence Finding” Problem
One of the most serious aspects of Texas law is the concept of a family violence finding. This finding can attach to your record:
- A guilty plea, no-contest plea, or certain deferred adjudications can trigger a permanent finding
- Family violence findings generally cannot be expunged or sealed
- The finding follows you through background checks indefinitely
Collateral Consequences Beyond Criminal Penalties
Domestic violence convictions and findings create ripple effects across your life:
- Firearm restrictions: State law and federal law prohibit individuals with qualifying convictions or active protective orders from possessing firearms. You cannot legally possess firearms while under certain orders.
- Child custody impact: Travis County family courts consider family violence findings when making custody and visitation decisions in any family law case
- Immigration consequences: Non-citizens may face deportation, visa denial, or bars to naturalization regardless of immigration status
- Employment and licensing: Many employers and licensing boards conduct background checks that reveal domestic violence history
- Housing difficulties: Landlords often screen for criminal history
Protective Orders and Restraining Orders in Austin
A protective order is a court order that prohibits contact between parties and establishes safety boundaries. In Texas, protective orders carry the force of law—violating one is a separate criminal offense.
Protective orders differ from informal “stay-away” agreements or bond conditions in criminal cases. They are enforceable statewide and appear in law enforcement databases.
Types of Protective Orders in Travis County
|
Order Type |
Duration |
How It’s Obtained |
|---|---|---|
|
Emergency Protective Order (EPO) |
31 to 91 days |
Issued by a judge or magistrate immediately after an arrest, often without a hearing |
|
Temporary Ex Parte Protective Order |
Up to 20 days |
Issued based on sworn application, without the respondent present |
|
Final Protective Order |
Up to 2 years (longer in some cases) |
Issued after a court hearing where both parties can present evidence |
How to Apply for a Protective Order in Austin
The general process for seeking protection involves:
- Contacting the Travis County Attorney’s Office, District Attorney, or filing directly in civil court
- Completing a sworn application describing the abuse and the need for protection
- Attending a court hearing where evidence is presented
- Receiving a court order that specifies prohibited conduct and any conditions
An experienced austin domestic violence lawyer can help both petitioners (those seeking protection) and respondents (those facing orders):
- For petitioners: Gathering evidence, preparing testimony, explaining what protections are available, and ensuring orders address safety needs
- For respondents: Challenging false allegations, negotiating order conditions, and explaining the impact on housing, employment, and child visitation
Consequences of Violating a Protective Order
Violating a protective order is a Class A misdemeanor, punishable by up to one year in jail. If the violation involves assault, stalking, or other aggravating conduct, charges can be elevated to a felony.
Austin law enforcement takes reported violations seriously. Even unintentional contact—such as responding to a text message from the protected party—can result in arrest.
The Cycle of Abuse
Prosecutors often feel that abuse falls into the following recognizable pattern, which colors how they handle the cases:
- Tension building: Stress increases, minor conflicts arise
- Incident: Abuse occurs—physical, verbal, or emotional
- Reconciliation: Apologies, promises to change, gifts
- Calm: A period of relative peace before the cycle repeats
Temporary remorse or promises should not prevent you from seeking help. Abusive patterns rarely resolve without intervention.
When to Contact a Domestic Violence Lawyer
Reach out for legal assistance when:
- You or someone else has been arrested for domestic assault charges
- A protective order has been filed or served against you
- You want to understand your legal options for leaving an abusive situation safely
- You are being pressured to recant statements made to police
- You need to coordinate safety planning with family law proceedings like divorce or custody
- You have been falsely accused and need to build a robust defense
Documenting abuse strengthens your case. Save text messages, take photographs of injuries, keep copies of medical records, and write down the names of potential witnesses. An attorney can help you use this evidence in court while minimizing your exposure to risk.
How an Austin Domestic Violence Lawyer Can Help You
Domestic violence cases sit at the intersection of criminal law, family law, and protective order proceedings. An experienced team with knowledge of how these systems work together in Travis County courts can make the difference between a favorable outcome and lasting consequences.
For Those Facing Domestic Violence Charges
If you have been accused—whether the allegations are true, exaggerated, or completely fabricated—a criminal defense attorney provides:
- Investigation: Reviewing 911 recordings, body-cam footage, medical records, and witness statements to identify inconsistencies
- Challenging the evidence: Questioning whether police had probable cause, whether statements were taken properly, and whether the alleged victim’s account is reliable
- Bond conditions: Negotiating terms that allow you to continue working and living as normally as possible while your case is pending
- Prosecutor negotiations: Working toward having your case dismissed, charges reduced, or alternative resolutions that avoid a family violence finding
- Trial preparation: Building a strong defense for court, including self defense arguments when applicable
Many people are falsely accused due to relationship conflicts, custody disputes, or misunderstandings. Exaggerated claims can derail your life. An austin domestic violence attorney fights to protect your reputation and your future.
For Victims and Survivors
If you are seeking safety and justice after abuse, a domestic violence attorney provides:
- Protective order assistance: Helping you obtain an emergency protective order or final protective order and ensuring it addresses your specific safety needs
- Working with prosecutors: Coordinating with victim services and the District Attorney’s office to support prosecution
- Family law coordination: Addressing divorce, child custody, and property division in ways that prioritize your safety
- Safety-focused strategy: Developing plans that account for housing, finances, ongoing protection, and, when relevant, understanding the jail release process in Travis County
- Counseling services referrals: Connecting you with various resources in Travis County including SAFE Alliance and medical help
Navigating Travis County Courts
Travis County Criminal Court at Law #4 serves as the designated Family Violence Court, handling the high volume of domestic cases in the Austin area. An austin domestic violence lawyer guides you through each stage:
- Arraignments and first appearances
- Pretrial hearings and negotiation conferences
- Protective order hearings
- Trial proceedings when cases cannot be resolved
Understanding what to expect reduces anxiety and helps you make informed decisions about your case.
Serving Austin and Surrounding Communities
Whether you live in Austin, Pflugerville, Manor, Lakeway, Bee Cave, Lago Vista, Oak Hill, or elsewhere in Travis County, qualified legal representation is available. Many firms offer a free consultation to discuss your situation confidentially.
Take the next step today. Call (512) 476-4626 or complete our online contact form to schedule a confidential consultation with an experienced domestic violence lawyer. Evening and weekend appointments are available for urgent situations.
Your safety—and your future—deserve qualified legal assistance. Whether you are seeking protection from abusive situations or defending against allegations, the right attorney can guide you through every step of the legal process and fight for the outcome you deserve.