Family Violence Attorney in Austin, TX

If you’re facing family violence charges, you need immediate legal representation from an Austin criminal defense lawyer experienced in domestic violence cases.

At Gunter, Bennett & Anthes, we understand that people accused of domestic violence offenses face an uphill battle in the legal system.

Our attorneys will assess your case, explain your legal options, and build a strong defence strategy. We work to protect clients who have been accused of committing family violence and fight to minimize the impacts of these allegations on their lives.

What Is Family Violence Under Texas Law?

Family violence, domestic violence, and dating violence are generally grouped together under Texas law. These charges arise when an assault involves a family member, roommate, or romantic partner. Texas law treats these cases with extreme seriousness. If you face family violence charges, you need an experienced Austin domestic violence attorney to protect your rights.

Family violence occurs when an individual commits an act of violence against:

• A family member
• A household member
• A current or former romantic partner

Texas Family Code § 71.004 defines family violence as:

1. An act by a member of a family or household against another member that causes or threatens bodily injury, bodily harm, or physical harm
2. Sexual abuse of a family or household member
3. Actions that cause a reasonable person to fear imminent bodily injury or physical harm

Family Violence vs. Domestic Violence

While Texas law uses “family violence” as the legal term, “domestic violence” is commonly used in everyday language. Both terms describe violence between people in close relationships. Dating violence specifically refers to violence between current or former dating partners.

Family members include:

• Spouses (current and former)
• Parents
• Children
• Blood relatives
• People related by marriage
• Foster parents and children

Household members include:

• People living in the same dwelling
• Roommates
• Former roommates

Dating relationships involve people who have or had a continuing romantic or intimate relationship.

Penalties for Family Violence in Texas

A first-time assault family violence with no aggravating factors is typically charged as a Class A misdemeanor, punishable by:

• Up to one year in county jail
• Fines up to $4,000

Several factors can increase the severity of family violence charges:

Choking or Strangulation

Under recent changes to Texas law, if you “impede the normal breathing” of a person during a family violence offense, the charge becomes a third-degree felony. Since this change, individuals who place their hands near the victim’s neck or throat typically face second-degree felony charges.

Previous Convictions

If you have a prior domestic violence conviction, a subsequent family violence charge becomes a third-degree felony, punishable by:

• 2 to 10 years in prison
• Fines up to $10,000

Continuous Violence

Being charged with two or more instances of family violence in a 12-month period can result in a third-degree felony charge called “continuous violence against family or household member.”

Serious Bodily Injury

If the domestic assault causes serious bodily injury (defined as creating a substantial risk of death, serious permanent disfigurement, or physical or mental impairment), the charge becomes aggravated assault—a second degree felony punishable by:

• 2 to 20 years in prison
• Fines up to $10,000

Use of a Deadly Weapon

Using a deadly weapon during a family violence assault also results in aggravated domestic assault charges (second-degree felony). If the victim is a family member and a deadly weapon is used, the charge may become a first-degree felony.

When someone is accused of assault, family violence involving strangulation, the State often adds a charge of aggravated assault with a deadly weapon. By elevating the charges, the State tries to pressure defendants into pleading guilty to the lesser offense. Importantly, if you face a charge of aggravated assault with a deadly weapon, probation can only be granted by a jury.

Moreover, a deadly weapon finding means you’ll have to serve at least half your prison sentence before becoming eligible for parole. Prosecutors frequently use this strategy to intimidate defendants. It is essential to have an attorney who isn’t afraid to fight back and vigorously defend your rights.

Long-Term Consequences of Family Violence Convictions

Beyond immediate legal penalties, domestic violence convictions have serious long-term consequences. When a person is convicted of domestic violence—or even successfully completes deferred adjudication with case dismissal—the court enters a “family violence finding” in their record. This finding follows you for life and has several consequences:

• Firearm Restrictions: With a family violence finding, you may never legally own or possess a firearm or ammunition under both state and federal law.
• Impact on Personal and Professional Life:
  • Employment opportunities
  • Professional licenses
  • Housing applications
  • Child custody arrangements
  • Immigration status
• No Expunction Option: Unlike many other offenses, family violence crimes typically cannot be expunged or sealed, even after deferred adjudication.
• Potential for Future Enhancement of Charges: If placed on community supervision for assault, family violence, and arrested in the future, their future arrest is automatically enhanced to a felony because of your prior offense.

Be aware that all of the above applies even if you’re charged with a Class C misdemeanor for Assault by Contact—Family Violence. A charge that might seem minor or insignificant can still carry serious and lasting consequences.

Defending Against Family Violence Charges

An experienced Austin domestic violence lawyer will explore several potential defence strategies for your criminal case:

Lack of Evidence

The prosecution must prove beyond a reasonable doubt that domestic violence occurred. Your attorney may challenge insufficient or unreliable evidence.

Self-Defense

If you acted to protect yourself from the alleged victim, this may constitute a valid legal defense.

False Accusations

Unfortunately, false domestic violence accusations sometimes occur during contentious divorces or custody disputes. Your attorney can help expose inconsistencies in the alleged victim’s account.

No Family or Household Relationship

If the alleged victim doesn’t meet the legal definition of a family or household member, your case might be handled as a standard assault rather than an assault family violence.

Why Choose Gunter, Bennett & Anthes

With over 65 years of combined experience, our Austin lawyers provide aggressive representation for clients facing domestic violence charges. Our attorneys:

• Are former prosecutors with insight into the criminal justice system
• Understand the unique nature of domestic violence cases
• Work to protect your rights, reputation, and future
• Aim to achieve the best possible outcome for your case
• Provide strong defense against serious criminal charges

Divorce and Family Violence

Family violence charges can significantly affect divorce proceedings in Texas in several key ways:

Child Custody and Visitation:

Courts prioritize the safety and best interests of the child. If a parent has family violence charges or convictions, judges may limit custody rights, order supervised visitation, or even restrict visitation entirely.

Property Division and Alimony:

While Texas typically divides marital property equitably, proven family violence can influence how assets are distributed. The court may award a greater portion of marital property to the victimized spouse, and family violence can also impact eligibility for spousal support.

Protective Orders

A family violence accusation can lead to protective orders that limit contact between spouses. These orders may require the accused spouse to vacate the marital home, affecting living arrangements and parental relationships during divorce proceedings.

Negotiation Leverage:

Allegations or convictions of family violence can provide substantial leverage in divorce negotiations. The accused spouse may feel compelled to agree to unfavorable terms to avoid further legal or public exposure.

Impact on Future Relationships

Family violence findings can have lasting implications beyond the immediate divorce, potentially influencing future legal actions involving child custody, visitation, and even employment opportunities.

Protective Orders and Emergency Protective Orders

If you’re charged with Assault Family Violence, you’ll often receive an Emergency Protective Order (EPO). One common consequence of an EPO is being required to stay away from your own home. Additionally, you might later be served with a longer-lasting protective order connected to the family violence charge.

While protective order hearings can sometimes help uncover evidence beneficial to your assault defense, choosing to contest a protective order can also involve significant risk. It’s critical to consult an experienced attorney before deciding whether to contest a protective order or seek modifications to an existing Emergency Protective Order.

Resources for Those Experiencing Family Violence

If you are experiencing family or domestic violence, help is available:

• National Domestic Violence Hotline: 1-800-799-7233
• SAFE Alliance (Austin): 512-267-7233
• Texas Advocacy Project: 800-374-4673