Domestic / Family Violence

If you’ve been arrested for domestic violence in Austin, you may be facing jail time, protective orders, and a permanent record (even if it’s a first offense).

In Texas, most domestic violence cases are prosecuted as assault involving a family or household member. These cases can carry serious consequences, including jail time, protective orders, and a lasting impact on your criminal record.

Once law enforcement is involved, situations escalate quickly. Even a first-time allegation may lead to an arrest, and prosecutors can move forward with charges regardless of whether the alleged victim wants to drop the case. 

Austin Police Department data indicate that thousands of people are arrested for domestic or family violence each year, reflecting the volume of these cases in Travis County.

But it’s important to remember that many cases can be resolved without jail time. Early actions in these cases can affect whether charges are filed, reduced, or dismissed, especially in Travis County courts.

Lawyer for Domestic Violence in Austin, TX

Our Austin assault lawyers defend clients facing domestic and family violence charges with focused, trial-ready representation. At Michael & Associates, we keep caseloads low to provide personalized attention and build strong defenses from day one.

While many cases resolve before trial, we prepare every case as if it will go the distance. In 2025, we achieved favorable or partially favorable outcomes in 65% of jury trials, including a 50% outright win rate.

We represent clients across Travis County and the greater Austin area, including Round Rock, Georgetown, Cedar Park, Pflugerville, Leander, Lago Vista, and Lakeway. Contact us today to set up a free consultation.

Texas Law on Family and Domestic Violence 

In Texas, “domestic violence” is not a separate charge. It is a classification applied to assault cases involving certain relationships.

Domestic violence is defined under Texas Family Code § 71.004 and prosecuted under Texas Penal Code § 22.01. This statute defines assault in Texas and serves as the legal foundation for most domestic violence charges.

It can include:

• Causing bodily injury
• Threatening someone with imminent harm
• Offensive or provocative physical contact

The incident is considered family violence if the alleged victim is a relative or household member, including:

• Spouse or former spouse
• Live-in partner
• Dating partner
• Brother or sister (or step-sibling)
• Parent or step-parent
• Foster parent
• Foster child
• Roommates
• Anyone else who resides in the same household as the accused

These relationships are defined under the Texas Family Code, which determines when an assault is classified as family violence rather than a standard assault.

Research from organizations such as the Texas Advocacy Project suggests that 1 in 3 Texans will experience family or domestic violence in their lifetime. 

Family & Domestic Violence in Austin, Texas

Travis County has a court that primarily handles most of the county’s family and domestic violence cases. It is County Court At Law 4, located within the Blackwell-Thurman Criminal Justice Center. Judge Dimple Malhotra has served as the presiding judge over this court since October 2019.

The Travis County District Attorney’s Office handles thousands of family violence cases each year, many of which are misdemeanor-level offenses.

The Texas Department of Public Safety reports that, on average, 43% of family violence cases in Texas result in no injury, and many involve no weapon. These cases often depend heavily on credibility, conflicting statements, and available evidence.

But the stakes are still high for anyone accused of domestic violence. Even low-level cases carry:

• Consequences from protective orders
• Potential social stigma
• Risk of enhanced charges for repeat offenses

Primary Types of Domestic Violence Charges in Austin

• Assault Causing Bodily Injury – Family Violence (Texas Penal Code 22.01(a)(1), (b)(2)): A Class A misdemeanor involving causing bodily injury to a family or household member. Example: striking a partner and causing bruising or pain.
• Assault by Threat – Family Violence (Texas Penal Code 22.01(a)(2), (b)(2)): Involves threatening imminent bodily harm without physical contact. Example: threatening a partner with a weapon.
• Continuous Violence Against the Family (Texas Penal Code 25.11): A third-degree felony based on two or more domestic assaults within 12 months. Example: repeated incidents involving the same household member.
• Aggravated Domestic Assault (Texas Penal Code 22.02): A felony involving serious bodily injury or use of a deadly weapon. Example: causing broken bones or using a firearm during an assault.
• Assault by Strangulation (Texas Penal Code § 22.01): A felony offense involving impeding breathing or circulation in cases involving a family member, household member, or dating partner.

Other Charges that may Arise in Domestic Situations

• Terroristic threat (Texas Penal Code 22.07)
• Stalking (Texas Penal Code 42.072)
• Injury to a child (Texas Penal Code 22.04)
• Interference with emergency call (Texas Penal Code 42.062)
• Child Endangerment (Texas Penal Code 22.041)
• Assault by Contact (Texas Penal Code 22.01(a)(3))

Why Domestic Violence Charges Are More Serious Than Standard Assault

Family violence allegations carry consequences beyond a typical assault charge.

• Record-sealing restrictions: An affirmative family violence finding generally makes a person ineligible for nondisclosure, meaning the case may remain visible on their criminal record for the long term.
• Firearm restrictions: A qualifying domestic violence conviction can result in a federal lifetime prohibition on firearm possession under 18 U.S.C. § 922(g)(9), along with additional limits under Texas law.
• Protective orders: Courts may issue protective orders that restrict contact, remove you from your home, and limit where you can go.
• Enhanced penalties: Prior incidents, specific facts, or repeat offenses can increase the severity of charges.

Penalties for Family / Domestic Violence in Austin

Penalties can range from a Class C misdemeanor to a felony. Many domestic violence charges are misdemeanors. However, enhancements (such as prior family violence findings or strangulation allegations) can elevate charges to felony levels.

Note: In addition to these penalties, domestic violence allegations can lead to protective orders and collateral consequences, including significant firearm restrictions. In most cases, a family violence finding makes you ineligible for nondisclosure.

Sexual Assault vs. Family (Domestic) Violence in Texas: What’s the Difference?

Sexual assault and domestic violence are different legal concepts, but they can overlap.

Sexual assault, under Texas Penal Code § 22.011, involves non-consensual sexual conduct and is generally charged as a felony based on the nature of the act.

Domestic violence, defined under Texas Family Code 71.004, is a classification based on the relationship between the individuals involved.

A case can involve both, which may increase penalties and lead to additional consequences such as protective orders and firearm restrictions.

How Long Does a Domestic Violence Case Take in Austin?

If you’re arrested in Travis County for domestic violence, the initial stages of the case can move quickly, often within a few weeks, while more complex cases may take several months or longer to resolve.

In Travis County, prosecutors often review these cases early and may proceed even without the alleged victim’s cooperation.

Step 1: Arrest and Booking. Police may arrest you based on probable cause, even if the alleged victim does not want to press charges.

Step 2: Magistrate Hearing: A judge sets bond conditions, which often include no-contact orders and temporary protective restrictions.

Step 3: Protective Order Proceedings: The court may issue a longer-term protective order separate from the criminal case.

Note: Protective orders differ from restraining orders. Protective orders carry criminal penalties for violation, while restraining orders are typically civil and enforced by the court, including potential contempt proceedings.

Step 4: Prosecutor Review: The Travis County Attorney or District Attorney decides whether to formally file charges.

Step 5: Pretrial and Negotiations: Your attorney evaluates evidence, challenges weaknesses, and negotiates possible outcomes.

Do Domestic Violence Cases Get Dropped in Austin?

Sometimes, but it’s not automatic.

A common misconception is that the alleged victim can “drop the charges.” In reality, only the prosecutor can dismiss a case.

Travis County prosecutors often continue domestic violence cases even if the alleged victim does not wish to pursue charges. Prosecutors can still rely on body-cam footage, 911 recordings, and officer observations.

That said, convictions aren’t automatic. An Affidavit of Non-Prosecution doesn’t guarantee a dismissal, but it can still influence the outcome, particularly when it can be established that:

• The evidence is weak or inconsistent.
• There are witness credibility concerns.
• Statements conflict
• Constitutional violations occurred
• The State cannot meet its burden of proof

Texas law allows prosecutors to introduce evidence of prior incidents between the parties to explain the nature of the relationship, even if those incidents did not lead to charges.

At Michael & Associates, early intervention and a tailored defense strategy can make a meaningful difference in whether a case is reduced, dismissed, or aggressively prosecuted.

What to Look for in a Family Violence Defense Attorney 

In our experience handling domestic violence cases in Travis County, early investigation and evidence review often play a critical role in how these cases are resolved.

In these cases, early legal intervention can affect whether charges are reduced or dismissed. At Michael & Associates, defense often includes:

• Complete case examination after an arrest
• Evidence review, including body camera footage and witness statements
• Identifying constitutional violations
• Challenging probable cause
• Negotiating charge reductions and case dismissals
• Always preparing for trial (whether or not it’s necessary)

Real-World Domestic Violence Outcomes in Travis County

While no outcome is guaranteed, many domestic violence cases in Austin resolve without jail time, especially for first-time allegations.

For example, in one of our Travis County cases involving a charge of Assault - Family Violence (Continuous):

After a domestic dispute, the client was accused of multiple assaults over several days. Our team reviewed reports, texts, and injury photos, exposing inconsistencies, delayed reporting, and weak corroboration in the assault allegations. 

These issues directly affect whether the State can meet its burden of proof beyond a reasonable doubt.

Case outcome: Deferred adjudication

Our main goal is to protect your record, your freedom, and your future.

Other possible outcomes may include:

• Case dismissal
• Reduction to a charge that doesn’t involve family violence
• Deferred adjudication (when legally available, and not barred by a family violence finding)
• Pretrial diversion programs

Outcomes depend heavily on:

• Evidence strength
• Injury level
• Prior history
• Experienced legal representation

Outcomes depend on the facts, evidence, and court practices, and no result can be guaranteed.

Assault - Family Violence Resources in Austin, TX

• Austin/Travis County Family Violence Task Force: The A/TCFVTF was created in 1989 to improve how the criminal justice system handles family violence by strengthening communication between advocates, law enforcement, and prosecutors. The task force was instrumental in developing Travis County’s specialized family violence court

• Family Violence Protection Team: Provides investigative and social services for family violence victims, this group includes staff members from multiple Travis County agencies, including the Travis County Sheriff’s Department, the Austin Police Department, and the Travis County Attorney’s Department.

• SAFE Alliance: Provides assistance to survivors of child abuse, domestic violence, and sexual assault and exploitation through prevention, advocacy, and comprehensive services for those affected by abuse.

Why Choose Michael & Associates as your Austin Domestic Violence Lawyer?

Our firm only hires experienced senior trial lawyers. Our attorneys bring experience from both sides of the courtroom, including former prosecutors and trial lawyers who understand how these cases are built and challenged.

This allows us to view your case from all sides. We also:

• Review 911 calls, body camera footage, and texts as soon as possible after the incident
• Look for inconsistencies before charges have been finalized
• Prepare cases for trial from day one

Michael & Associates has handled thousands of cases across Texas, including domestic violence and assault charges in Austin, Travis County, and the surrounding areas, including Georgetown, Round Rock, and Leander.

If you’re facing charges, speaking with a defense lawyer early can help you understand your options and avoid mistakes that could affect your case.

Contact us today to set up a free consultation. 

Note: Case outcomes depend on the facts of each case and are not guaranteed. Last reviewed for legal accuracy under Texas law by attorneys at Michael & Associates in April 2026.