What happens after a domestic assault arrest in San Antonio?

After a domestic assault arrest in San Antonio, you will typically be booked into jail and brought before a magistrate judge, often within 24 hours. The court may impose bond conditions, no-contact restrictions, or an emergency protective order. Court appearances can be scheduled quickly, making early legal representation important.

Can domestic assault charges be dismissed in Bexar County?

Yes. Domestic assault charges can be dismissed if the evidence is weak, witness statements are inconsistent, self-defense issues exist, or prosecutors cannot meet their burden of proof. Many cases depend heavily on credibility and conflicting accounts. Early intervention by a San Antonio domestic violence lawyer can help identify weaknesses and pursue dismissal or reduction.

Can the alleged victim drop domestic assault charges in Texas?

No. The alleged victim cannot drop domestic assault charges in Texas. Once an arrest is made, the decision to continue or dismiss the case belongs to the prosecutor. In Bexar County, prosecutors may proceed even if the alleged victim recants or asks that charges be dropped.

What are the penalties for domestic assault in Texas?

Penalties depend on the charge and the defendant's criminal history. A first domestic assault offense is typically a Class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000. Felony family violence offenses can carry prison sentences ranging from 2 to 20 years or more, depending on the circumstances.

Is domestic violence a felony in Texas?

Sometimes. Many domestic assault cases are charged as misdemeanors, but allegations involving strangulation, prior family violence convictions, serious bodily injury, deadly weapons, or continuous violence against the family can result in felony charges.

What is a protective order in a domestic violence case?

A protective order is a court order that limits contact between the accused and the alleged victim. Depending on the circumstances, it may prohibit communication, require a person to leave a shared residence, restrict firearm possession, and impose other conditions designed to prevent future contact.

Will I lose my gun rights after a domestic assault charge?

Possibly. A protective order may temporarily restrict firearm possession, and a family violence conviction can trigger significant state and federal firearm consequences. The exact impact depends on the nature of the charge, the court orders entered, and the outcome of the case.

Can a domestic assault conviction be expunged in Texas?

Generally, no. Family violence convictions are usually not eligible for expunction in Texas. Because a conviction can create long-term consequences for employment, housing, professional licensing, and firearm rights, defending the allegation aggressively from the beginning is critical.

What defenses are used in domestic assault cases?

Common defenses include self-defense, defense of others, false allegations, mistaken identity, lack of intent, insufficient evidence, and inconsistencies in witness statements. Every case is different, and the best defense strategy depends on the specific facts and available evidence.

What is domestic assault in Texas?

Domestic assault generally refers to assaultive conduct under Texas Penal Code §22.01 involving a family member, household member, or dating partner. The allegation may involve bodily injury, threats of imminent bodily injury, or offensive physical contact. When the parties have a qualifying relationship under Texas Family Code Chapter 71, the case may be classified as family violence.

San Antonio Domestic Violence Defense Lawyer | Bexar County Assault & Family Violence

Domestic violence in San Antonio 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 isn’t just a legal problem. Emotions are running high, and the consequences can be immediate and overwhelming. While you’re probably worried about your home life, an arrest, or going to jail, you also need to act to protect your reputation and your career, and to prevent being barred from your home or restricted from seeing your children.

Domestic assault cases in Bexar County move quickly. An arrest can be accompanied by protective orders and strict bond conditions, and you may have to appear in court within days. Even if the other person involved doesn’t want to proceed with charges, prosecutors will often continue the case anyway. It’s very easy to feel like you’ve lost control of the situation.

However, an accusation doesn’t guarantee a conviction. These cases are often based on conflicting accounts, incomplete information, or decisions made in the heat of the moment. What happens next depends on how quickly your lawyer acts.

Getting an experienced defense attorney involved as soon as possible can make a significant difference in protecting your rights and shaping the outcome of your case.

Domestic Violence Lawyer in San Antonio, TX

Dealing with allegations of domestic assault in San Antonio can be overwhelming. The risk of social stigma is high. At Michael & Associates, you will get confidential, judgment-free support from our experienced San Antonio criminal defense lawyers. We know how stressful and emotional this is, and our team treats you with respect and understanding through every step of the process.

At Michael & Associates, we handle all types of domestic and family violence cases quickly and carefully. Our team seeks out weaknesses in the State’s evidence right away, challenges credibility issues, and prepares each case as if it will go to trial.

According to Michael & Associates' internal 2025 jury trial records:

65% of jury trials resulted in favorable or partially favorable outcomes
50% resulted in outright wins (dismissals, acquittals, or directed verdicts)

Being fully prepared for trial is critical in domestic violence cases because prosecutors often continue even when the evidence is weak.

Assault in 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 make physical contact that is offensive or provocative.

When an alleged assault involves a family member, household member, or dating partner, it can be classified as family violence under Texas Family Code § 71.004. This will affect how the case is charged and the potential penalties you’ll face.

In addition to potential jail time and costly fines, other consequences can include:

A permanent criminal record (generally not eligible for expunction if convicted)
Protective orders
Potential firearm restrictions under federal law
Increased penalties for repeat allegations

Domestic violence is a widespread issue across Texas. More than 250,000 family violence offenses were recorded across the state in 2024, according to data from the Texas Department of Public Safety (DPS).

Issues in Bexar County Domestic Assault Cases

According to The Bexar County Collaborative Commission on Domestic Violence (CCDV), Bexar County agencies responded to more than 58,000 domestic violence-related calls for service in 2024:

Stage	2024 total
Domestic / family violence calls for service	58,554
Domestic / family violence offense reports	22,682
Domestic / family violence cases processed by the Bexar County DA’s Office	7,979
Domestic / family violence cases received	5,727
Domestic / family violence cases formally charged	2,307
Domestic / family violence cases disposed	5,707

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
Significant risk of social stigma

Knowing how these cases are handled is key to building a strong defense.

San Antonio Procedures After a Domestic Violence Arrest

Domestic violence investigations do not always depend on visible injuries. Police and prosecutors may rely on witness statements, 911 recordings, body camera footage, photographs, medical records, and other evidence.

When officers believe they have probable cause that a domestic violence offense occurred, an arrest may follow even when there are no visible injuries.

After a domestic assault arrest, several things can happen quickly:

Emergency Protective Orders (EPO)

Under Article 17.292 of the Texas Code of Criminal Procedure, a magistrate may issue an emergency protective order following 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.

Can Domestic Assault Charges Be Dropped in Texas?

No. A common misconception is that the alleged victim can “drop the charges.” In reality, only prosecutors can decide to dismiss a domestic violence case, even if the person who made the complaint doesn’t want to move forward.

That means that prosecutors in Bexar County may push on with criminal charges, even when the alleged victim wants to recant their statement. In Texas:

A case can only be dismissed by a prosecutor.
Recanted statements won’t automatically end prosecution.
The State may proceed based on 911 calls, body-cam 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.

Penalties in Bexar 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. This can dramatically impact the penalties you’ll face, which can range from up to 1 year in jail and a $4,000 fine to 2 to 20 years in prison, plus the potential for protective orders, firearm restrictions, and a lasting criminal record.

Offense	Level	Jail / Prison	Fine	Key Consequences
First-Time Domestic Assault	Class A misdemeanor	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	Third-degree felony	2 to 10 years in prison	Up to $10,000	Felony record, enhanced penalties, long-term firearm restrictions
Assault by Strangulation	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
Aggravated Domestic Assault	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
Continuous Family Violence	Third-degree felony	2 to 10 years in prison	Up to $10,000	Requires two or more incidents within a 12-month period

These figures demonstrate that many family violence allegations never result in formal criminal charges, and that cases are reviewed at multiple stages before prosecutors decide whether to proceed.

Common Defenses to Domestic Assault Charges in Texas

Self-defense is one of the most common issues raised in domestic assault cases, particularly when both parties claim the other initiated the confrontation.

Every case ultimately depends on the facts, but other common defense strategies include:

The accused was acting in self-defense or in defense of others
The allegations are false
Lack of evidence
Inconsistent statements

At Michael & Associates, we analyze body camera footage, medical records, timelines, and witness statements to identify weaknesses in the prosecution’s case.

Real Bexar County Domestic Violence Case Outcomes

Charge: Assault – Family Violence

Location: Bexar County, County Court-at-Law 13

Case details: The client was arrested following a domestic disturbance at a residence after law enforcement responded to reports of an argument involving alcohol. The arrest was based primarily on statements obtained during the investigation. Defense counsel quickly obtained police reports and recordings, and conducted an independent review of the evidence. During the course of the case, the complaining witness signed an affidavit stating a desire not to pursue prosecution. The defense also highlighted concerns regarding the reliability of witness recollections due to intoxication and other evidentiary weaknesses.

Outcome: Dismissal

Additional Domestic Assault Resources

If you need immediate assistance, call 911. The following agencies provide longer-term support in San Antonio and Bexar County:

Bexar County Family Justice Center provides counseling referrals, protective-order assistance, and coordinated family violence services.
Family Violence Prevention Services offers crisis intervention, counseling, emergency shelter services, children's programs, and community resources.
Bexar County Family Violence Prevention Program provides information, referrals, victim services, and family violence intervention resources.
The Center for Health Care Services offers mental health services, crisis support, substance-use treatment, and counseling resources.
National Domestic Violence Hotline offers 24/7 crisis support, safety planning, and referrals to local resources.

Fighting Domestic Assault Charges in Bexar County

A domestic assault allegation in San Antonio can affect nearly every aspect of your life. You may face restrictive bond conditions, no-contact orders, emergency protective orders, firearm restrictions, and limitations on where you can live or whom you can see, all while facing potentially serious criminal penalties.

At Michael & Associates, we take a proactive, trial-ready approach to domestic violence defense in Bexar County by providing:

Early intervention before the case gains momentum
Thorough review of police reports, body camera footage, 911 recordings, and witness statements
Evidence-driven defense strategies tailored to the facts of your case
Aggressive pretrial motion practice when appropriate
Trial preparation from day one

When you hire Michael & Associates, you'll work directly with the same senior attorney throughout your case. Behind that attorney is a team of experienced criminal defense lawyers, former prosecutors, former law enforcement professionals, and a former FBI agent, all of whom collaborate on strategy and case development.

Talk to a San Antonio Domestic Violence Lawyer Today

If you have been arrested for domestic assault or are under investigation in San Antonio or Bexar County, getting a defense lawyer involved early can make a significant difference.

The sooner your attorney begins reviewing the evidence, communicating with prosecutors, and protecting your rights, the more options may be available to you.

More reasons to hire Michael & Associates:

We only hire senior attorneys. Your case is never handed off to a junior lawyer.
Our attorneys bring more than 425 years of combined criminal defense experience.
Our team includes former prosecutors who understand how family violence cases are investigated and prosecuted.
Every case is prepared with a trial-ready strategy from the beginning.
Our attorneys have handled hundreds of jury trials across Texas.
We defend all types of family violence and assault allegations, from misdemeanor assault causing bodily injury to felony strangulation, continuous violence against the family, aggravated assault, stalking, and related offenses.

Our San Antonio criminal defense lawyers defend all types of assault cases in Bexar County, including those involving public servants, bodily injury, strangulation, and the use of a deadly weapon, each of which involves different legal standards and defenses.

Call now or request a confidential case review. Our team responds quickly to help you understand your options and begin building your defense.

Reviewed for legal accuracy by Michael & Associates’ San Antonio criminal defense attorneys in June 2026. Past results do not guarantee future outcomes. Every case is unique and depends on its specific facts and circumstances.

Domestic Assault