Domestic assault in Austin is typically charged when prosecutors allege assault against a family member, household member, or dating partner under Texas Penal Code §22.01. A first offense is usually a Class A misdemeanor, but prior family violence findings, strangulation allegations, serious injury, or weapon use can elevate the charge to a felony with potential prison time.
A domestic assault allegation is more than just a legal issue. These situations often arise from highly emotional moments, and the consequences can feel immediate and overwhelming. You may be worried about your future, your reputation, your job, and whether you’ll be able to stay in your home or see your children.
Domestic assault cases in Travis County move quickly. An arrest can be followed by protective orders, strict bond conditions, and court dates within days. Even if the other party no longer wants to proceed with the case, prosecutors often do so anyway. That can leave you feeling like you’ve lost control of the situation.
However, an accusation is not a conviction. These cases are often based on incomplete information, conflicting accounts, or decisions made in the heat of the moment. What happens next depends on how the case is handled early on. Getting an experienced defense attorney involved as soon as possible can make a meaningful difference in protecting your rights and shaping the outcome.
Austin Domestic Assault and Family Violence Attorney
Dealing with allegations of domestic assault in Austin can feel overwhelming. These cases move quickly, and the results can affect your home, job, rights, and future. The risk of social stigma is high. At Michael & Associates, our Austin assault lawyers provide confidential, judgment-free support. We understand how stressful and emotional this is, and our team will treat you with respect and understanding every step of the way.
We handle family violence cases quickly and carefully. Our team looks for weaknesses in the State’s evidence right away, challenges credibility issues, and prepares every case as if it will go to trial.
According to our internal 2025 case data:
- 65% of jury trials resulted in favorable or partially favorable outcomes
- 50% resulted in outright wins (dismissals, acquittals, or directed verdicts)
Being ready for trial is important in domestic violence cases because prosecutors often continue even when the evidence is weak.
Domestic Assault, Family Violence, or Dating Violence in Texas
Under Texas Penal Code § 22.01, a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to another person, threaten another with imminent bodily injury, or cause physical contact that is offensive or provocative.
When the alleged victim is a family member, household member, or dating partner, the conduct may be designated as family violence under Texas Family Code § 71.004, which can affect how the case is charged and the potential penalties.
This classification carries enhanced consequences, including:
- A permanent criminal record (generally not eligible for expunction if convicted)
- Potential firearm restrictions under federal law
- Increased penalties for repeat allegations
Domestic assault is a widespread issue across Texas, with state and national data showing that many individuals experience some form of family violence in their lifetime.
Issues in Travis County Domestic Assault Cases
According to data from the Texas Department of Public Safety’s annual crime reports, the Travis County District Attorney’s Office handles thousands of family violence cases per year on average.
Domestic assault cases are different from most other types of criminal charges. They often involve:
- Emotional allegations made during heated situations
- Limited or conflicting evidence
- Prosecutors who proceed without the victim’s cooperation
- Immediate collateral consequences, like protective orders
- Social stigma
Knowing how these cases are handled is key to building a strong defense.
Austin Procedures After a Domestic Violence Arrest
Reports from the Texas Department of Public Safety show that a significant percentage of family violence cases involve no visible injury, but that won’t necessarily make a difference in determining whether police will make an arrest.
Any time police respond to a domestic disturbance call in the Austin area, police will often make an arrest, regardless of whether an alleged victim has visible injuries.
After an arrest, several things can happen quickly:
Emergency Protective Orders (EPO)
Under Texas Code of Criminal Procedure Article 17.292, a magistrate may issue an emergency protective order after a qualifying arrest. For orders issued on or after September 1, 2025, courts commonly set durations between 61 and 91 days. If a deadly weapon is involved, the order may extend to between 91 and 121 days.
Temporary and Final Protective Orders
- A temporary protective order may be issued immediately.
- A final hearing is typically set within a short timeframe, often around 14 days
A final protective order can last up to 2 years, but may be extended if the case involves a serious bodily injury or a repeat offense.
“No-Drop” Prosecution Policy in Austin Domestic Assault Cases
In Travis County, prosecutors often continue with domestic violence cases even if the alleged victim wants to take back their statement. Only the State can decide to dismiss the case, not the complainant.
Penalties in Travis County Domestic Violence Cases
Domestic assault in Texas can be charged as a Class A misdemeanor or a felony, depending on prior history, injuries, or aggravating factors. Penalties range from up to 1 year in jail and a $4,000 fine to 2–20 years in prison, along with protective orders, firearm restrictions, and a lasting criminal record.
|
Offense |
Level |
Jail / Prison |
Fine |
Key Consequences |
|
First-time domestic assault |
Up to 1 year in county jail |
Up to $4,000 |
Probation, counseling, protective order, firearm restrictions, permanent record (generally not eligible for expunction if convicted) |
|
|
Repeat domestic assault |
2 to 10 years in prison |
Up to $10,000 |
Felony record, enhanced penalties, long-term firearm restrictions |
|
|
Third-degree felony |
2 to 10 years in prison |
Up to $10,000 |
Considered a more serious offense due to risk of harm, often prosecuted aggressively |
|
|
Second-degree felony (or a first-degree felony in certain family violence cases) |
2 to 20 years in prison (or up to 99 years for a first-degree felony) |
Up to $10,000 |
Serious bodily injury or weapon involved, severe long-term consequences |
|
|
Third-degree felony |
2 to 10 years in prison |
Up to $10,000 |
Requires two or more incidents within a 12-month period |
Common Defenses to Domestic Assault Charges in Texas
Every case depends on the facts, but common defense strategies include:
- Acting in self-defense
- Acting in defense of others
- False allegations
- Lack of evidence
- Inconsistent statements
At Michael & Associates, we analyze body camera footage, medical records, timelines, and witness statements to identify weaknesses in the State’s case.
Can Domestic Assault Charges Be Dropped in Texas?
A common misconception is that the alleged victim can “drop the charges.” In reality:
- A case can only be dismissed by a prosecutor.
- Recanted statements won’t automatically end prosecution.
- The State may proceed using 911 calls, bodycam footage, or prior statements.
This is why getting legal help early is so important. The sooner you have a defense strategy, the more chances you have to challenge the case before it moves forward.
Real-World Case Outcomes
Charge: Assault – Family Violence (Misdemeanor)
Court: Travis County, County Court at Law #4
Allegations: After a disturbance call, police made an arrest despite evidence showing the accused sustained the only injuries. The complainant declined to pursue the case. We highlighted evidentiary gaps and leveraged mitigation to secure dismissal.
Result: Case Dismissed
Charge: Continuous Family Violence (Felony)
Court: Travis County District Court
Allegations: The case involved allegations of repeated incidents, but key claims were disputed and the complainant did not want to proceed. We emphasized credibility issues and negotiated a resolution tied to program completion.
Result: Case Dismissed
Charge: Assault – Family Violence (Misdemeanor)
Court: Travis County, County Court at Law
Allegations: Following a domestic dispute with conflicting accounts and mutual injuries, we focused on lack of criminal history and evidentiary inconsistencies. After completing the recommended evaluation steps, the case was dismissed.
Result: Case Dismissed
Note: These results are based on internal firm data and do not guarantee future outcomes. Every case depends on its specific facts.
Additional Domestic Assault Resources
If you or someone you know is experiencing domestic violence in Austin or Travis County, local resources are available to provide immediate help, shelter, and legal support. If you need emergency assistance, call 1-800-799-7233 (SAFE).
- SAFE Alliance is the primary domestic violence resource in Austin, offering immediate crisis support and long-term services. They assist survivors with safety planning, shelter, counseling, and navigating the legal system.
- Travis County Family Violence Task Force helps individuals navigate the legal side of domestic violence cases, including obtaining protective orders and understanding court procedures in Travis County.
- Texas Family Code Chapter 71 addresses family and domestic violence, charges, and penalties.
- The Texas Department of Public Safety provides statewide crime data and reporting on family violence trends.
- U.S. Department of Justice Office on Violence Against Women offers guidance on victim rights, safety planning, and legal protections for survivors of domestic violence.
Fighting Domestic Assault Charges in Travis County
Domestic assault accusations can quickly affect where you live, who you can contact, and your ability to see your family, all while exposing you to serious criminal penalties.
At Michael & Associates, we take a proactive, trial-ready approach:
- Early case intervention
- Evidence-driven defense strategies
- Aggressive motion practice
- Preparation for trial from Day One
When you hire us, you’ll always work with the same attorney. But the depth of experience you get goes beyond your assault lawyer. You’re also getting the full support of a team with extensive criminal defense experience, including former prosecutors and law enforcement professionals, all working together on your case.
Talk to an Austin Domestic Assault Lawyer Today
If you have been arrested or accused of domestic assault in Austin or Travis County, acting quickly is important.
The sooner you get a defense attorney involved, the more options you may have.
Why clients choose our Austin domestic assault attorneys:
- We only hire senior attorneys (your case is never handed off to a junior lawyer)
- Our team has a combined 425+ years of experience
- Our team includes former prosecutors who understand how domestic violence cases are built and prosecuted
- Trial-ready strategy from day one, not last-minute preparation
- Proven jury trial performance
While this page focuses on domestic assault, we defend all types of assault cases in Travis County, including those involving public servants, bodily injury, and the use of a deadly weapon, each of which involves different legal standards and defenses.
Call now or request a confidential case review to start building your defense immediately. Our team answers inquiries on the same business day, so you can get quick answers and move forward with confidence.
Last reviewed for legal accuracy by Michael & Associates lawyers in Travis County in May 2026. Note: This content is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Every case depends on its specific facts and circumstances.
