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Austin Domestic Violence
Defense Attorney

If you or a loved one is facing family violence charges in Texas, then you must speak with an experienced & compassionate domestic violence defense attorney right away!

I’m David Reed, a criminal defense lawyer who’s dedicated to defending your rights. Contact The David Reed Law Office today for a FREE consultation and let’s achieve the best outcome for your case!

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What is Domestic Violence?

Chapter 71 of the Texas Family Code defines family violence as:

“an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault…”

OR

“a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault…”

Unsure if you’ve committed family violence? Then consult with a domestic violence attorney right away to discuss your situation and your options.

7 Examples of Violence
in the Family

  1. Stalking: Persistent, unwanted surveillance or harassment that causes fear.
  2. Digital Abuse: Controlling, harassing, or intimidating through the use of technology.
  3. Emotional Abuse: Manipulation or psychological tactics to undermine a person’s sense of self-worth.
  4. Financial Abuse: Impeding independence by controlling or limiting access to financial resources.
  5. Physical Abuse: Inflicting bodily harm or injury.
  6. Sexual Abuse: Non-consensual sexual acts or coercion.
  7. Neglect: Failing to provide essential care or protection, particularly in cases involving children or elderly family members.

What is the Most Common Type of Abuse?

In the United States, neglect is the most common type of abuse. This is particularly true in cases involving vulnerable populations such as children, the elderly, and individuals with disabilities.

Understanding Texas Penal Code §22.01: Assault Family Violence

Most domestic violence cases in Texas are prosecuted as Assault Family Violence under Texas Penal Code §22.01 . This isn’t a standalone “domestic violence” statute — it’s the general assault law, enhanced because of the relationship between the accused and the alleged victim.   Under §22.01(a)(1), a person commits assault if they intentionally, knowingly, or recklessly cause bodily injury to someone else. When that “someone else” is a spouse, dating partner, family member, or household member, the case is flagged as family violence — and the consequences shift dramatically.

Classification and Penalty Ranges

  • Class A Misdemeanor — A first-time assault causing bodily injury to a family or household member is generally charged as a Class A Misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
  • 3rd-Degree Felony (Repeat Offense) — If the accused has a prior conviction for family violence, the same conduct is enhanced to a third-degree felony , carrying 2 to 10 years in a Texas Department of Criminal Justice facility.
  • 3rd-Degree Felony (Strangulation) — Any allegation involving impeding breath or circulation is automatically charged as a felony, regardless of whether it’s a first offense. There’s no misdemeanor version of this charge.
  • 2nd-Degree Felony (Strangulation + Prior Conviction) — When a strangulation allegation is combined with a prior family-violence conviction, the charge escalates further to a second-degree felony, punishable by 2 to 20 years.

Texas Penal Code §22.01(b)(2)(B): Assault by Strangulation

This is the provision prosecutors and judges in Travis County treat with the most alarm — and for good reason, since strangulation is statistically linked to a heightened risk of future violence.   What the statute actually requires the State to prove:  
  • The accused intentionally, knowingly, or recklessly impeded the alleged victim’s normal breathing or circulation of blood.
  • This was done by applying pressure to the throat or neck, or by blocking the nose or mouth.
  • The alleged victim is someone with whom the accused has a family, household, or dating relationship.
  What makes this statute dangerous for defendants:  
  • No visible injury is required. Prosecutors don’t need bruising, marks, or medical treatment records — a credible allegation of pressure to the neck, even momentary, is legally sufficient.
  • It is automatically a felony. Unlike standard bodily-injury assault, there’s no misdemeanor tier for strangulation allegations — the case starts as a third-degree felony from the moment it’s filed.
  • It can stand on testimony alone. Body-cam footage capturing a hoarse voice, redness, or a single statement to a 911 dispatcher is often enough for police to file the charge.
Offense Type Classification Jail / Prison Time Max Fine Record & Firearms Impact
Domestic Assault (1st Offense) Texas Penal Code §22.01(b)(2) Class A Misdemeanor Up to 1 Year (Travis County Jail) $4,000 Family Violence Finding creates lifetime federal & state firearm ban; non-expungeable if convicted.
Assault by Strangulation Texas Penal Code §22.01(b)(2)(B) 3rd-Degree Felony 2 to 10 Years (State Prison) $10,000 Felony record + permanent bar to firearm possession and record sealing.
Repeat Domestic Assault Texas Penal Code §22.01(b)(2)(A) 3rd-Degree Felony 2 to 10 Years (State Prison) $10,000 Enhanced felony charges with mandatory permanent criminal record upon conviction.
Aggravated Domestic Assault Texas Penal Code §22.02 2nd-Degree Felony 2 to 20 Years (State Prison) $10,000 High-tier felony conviction involving deadly weapon or severe bodily injury.
Interference with 911 Call Texas Penal Code §42.062 Class A Misdemeanor Up to 1 Year (Travis County Jail) $4,000 Frequently stacked alongside domestic assault charges during domestic dispute calls.

How Texas Handles Domestic Violence Cases

Texas handles domestic violence cases with a multi-faceted approach involving law enforcement, the judiciary, and social services. Upon reporting, law enforcement conducts an investigation, and if sufficient evidence exists, the case is referred to the district attorney for prosecution. 

The courts may issue protective orders to safeguard victims, and various state agencies offer support services. Those accused of domestic violence face serious legal consequences, including fines, imprisonment, and mandatory counseling or rehabilitation programs. 

That’s why it’s vital to speak with a domestic violence attorney immediately! By consulting with a lawyer promptly, you improve your chances of ensuring a positive outcome.

What Percentage of Domestic Violence Cases Get Dismissed in Texas?

In cases of family violence, Texas courts dismiss approximately 15% of felonies and 30% of misdemeanors (Texas Judiciary Branch). Dismissal rates can vary based on evidence, witness cooperation, and legal representation — so it’s important to hire an experienced domestic violence defense attorney as quickly as possible.

Can Domestic Violence Charges Be Dropped in Travis County?

This is the single most common question we hear from clients and their families — and the honest answer surprises most people.

No. An alleged victim cannot personally drop domestic violence charges in Texas. Once police make an arrest, the criminal case belongs to the State of Texas, not the individual who called 911 or reported the incident. The alleged victim is a witness in the State’s case — not the plaintiff — and has no legal authority to dismiss it.

Travis County’s “No-Drop” Prosecutorial Practice

The Travis County District Attorney’s Office follows what is commonly described as a “no-drop” approach to family violence cases. In practice, this means:

  • Prosecutors frequently continue pursuing charges even after the alleged victim asks that the case be dismissed.
  • The State can — and often does — build its case around independent evidence: 911 call recordings, responding-officer body-cam footage, photographs taken at the scene, medical records, and the initial police report.
  • A victim’s later recantation or refusal to testify does not automatically end the case, because prosecutors can, in some circumstances, still move forward using the other evidence gathered at the scene.

This practice exists because Travis County treats family violence as a public-safety issue, not a private dispute — but it also means defendants are often facing a case built almost entirely on the first 24 hours after an incident, before cooler heads and fuller context could enter the picture.

The Role of an Affidavit of Non-Prosecution (ANP)

When an alleged victim genuinely does not wish to pursue a case — whether because the incident was overstated, mutual, misunderstood, or simply resolved — a formal Affidavit of Non-Prosecution (ANP) is the proper legal vehicle for making that position known to the court. An ANP is a sworn statement submitted through counsel, not a phone call to the DA’s office or a text to the arresting officer. Handled correctly, it becomes one piece of a broader defense strategy — not a magic document that ends a case on its own.

How an experienced defense attorney typically uses an ANP:

  • Coordinating the affidavit through proper legal channels, so it’s admissible and credible rather than dismissed as an attempt to obstruct the case.
  • Pairing the ANP with an independent review of the State’s evidence — inconsistencies in the police report, gaps in body-cam footage, or constitutional issues with the arrest — to show the case is weak on its own merits, not just unpopular with the witness.
  • Presenting this combined package to the assigned prosecutor, often in a courtroom such as Travis County Criminal Court-at-Law #4 or the appropriate felony district court, to negotiate a reduction or dismissal.

An ANP submitted without this surrounding strategy rarely moves a Travis County prosecutor. An ANP submitted as part of a coordinated defense often does.

⚠ Critical Warning: Protective Orders and Contact Restrictions

If you are facing a family violence charge in Travis County, one mistake ends careers, freedom, and cases faster than anything else: contacting the alleged victim.

  • Never contact the alleged victim — directly, through social media, through a third party, or by asking a friend or family member to “check in” on your behalf — while a No-Contact Order or Emergency Protective Order (EPO) is in place.
  • Asking someone, even gently, to “drop the charges” or “talk to the DA” can be charged as a separate felony offense for tampering with a witness or evidence.
  • Any violation of a protective order or bond condition can result in immediate bond revocation and a return to Travis County Jail — even if the original charge is ultimately dismissed.

If you need to communicate anything to the alleged victim or the court, that communication should go through your attorney. There is no version of “just explaining your side” that is worth the risk.

Does CPS Get Involved in Domestic Violence Cases?

Yes. In Texas, Child Protective Services (CPS) becomes involved in domestic violence cases when referred by the Department of Family and Protective Services (DFPS) Investigations Division. CPS assesses the safety and well-being of children in the household, and may implement interventions to protect them from harm.

5 Reasons to Hire a Domestic Violence Attorney Right Away

  1. Expert Legal Representation: A skilled criminal defense attorney understands the complexities of domestic violence laws and can build a robust defense.
  2. Protection of Your Rights: A domestic violence defense attorney ensures your constitutional rights are upheld throughout the
    legal process.
  3. Negotiation Skills: A skilled negotiator can achieve alternative sentencing options or even reduced charges.
  4. Case Dismissal: Experienced domestic violence attorneys know how to identify weaknesses in the prosecution’s case that
    could lead to a dismissal.
  5. Emotional Support and Guidance: Navigating a domestic violence charge can be overwhelming, and a criminal defense lawyer provides critical support and direction.