Aggravated domestic assault charges are a serious matter that can impact your life in profound ways. I’m David Reed, and I provide strong, strategic legal representation to protect your rights and future.
With years of experience as a domestic violence defense attorney, I’ve helped countless clients navigate complex legal situations with confidence. Contact me today for a FREE consultation so we can discuss the facts of your situation!
Aggravated domestic assault involves actions that elevate a domestic violence charge to a more severe level.
However, every case is unique, so your defense strategy must reflect the specific details of your situation. I’ll review your case meticulously to uncover opportunities to reduce charges, secure dismissals, or achieve favorable outcomes in court.
My reputation as a trusted domestic assault lawyer is built on a foundation of skill, dedication, and results. Clients turn to me for my:
Some people believe that if the alleged victim decides they no longer want to press charges, the case will automatically be dismissed. In Texas, that is not how domestic violence cases work. These are state-prosecuted cases; this means that the State of Texas, through the Travis County District Attorney, controls whether charges move forward or are dismissed. The victim may express their wishes, but they do not have the legal authority to drop the charges.
Travis County follows a strict zero-tolerance approach to domestic violence allegations. Once the Austin Police or the Travis County Sheriff’s Office responds to a domestic disturbance call, prosecutors often begin building a case immediately.
In certain situations, the defense may submit an Affidavit of Non-Prosecution (ANP), which is a written statement from the alleged victim requesting that the charges not proceed. While the ANP sometimes affects negotiations, Travis County prosecutors frequently continue pursuing charges despite the affidavit to maintain their “No-Drop” stance. Due to this aggressive policy, early intervention by an experienced domestic violence attorney is key.
Under Texas Family Code § 71.0021, family violence laws do not apply only to married couples or people who live together. Texas law also includes dating partners, including current or former romantic relationships, within the definition of family violence. You do not have to live together to be charged with dating violence in Texas. An argument, threat, or physical altercation involving someone you are dating may result in domestic violence charges in Travis County. Courts evaluate several factors, including the length of a relationship, the nature of the interactions, and how frequently the individuals saw each other, when determining whether a relationship exists.
Under Texas Penal Code § 25.11, prosecutors are able to file a charge called Continuous Violence Against the Family when a person is accused of committing two or more domestic violence acts during a 12-month period. This is also known as the “Two Strike” felony in Texas. Such offenses are charged as a third-degree felony, even if the underlying allegations alone would normally be misdemeanors.
The prosecution does not need prior convictions to pursue this charge; the alleged incidents also do not need to involve the same person. Because Continuous Violence Against the Family increases potential penalties and long-term consequences, these cases require an immediate defense strategy from an experienced attorney. The team at the Law Office of David Reed is equipped to handle such cases and challenge weak evidence or inconsistent allegations before the case escalates.
Frequently Asked Questions
EPOs are court-issued restrictions; they prohibit contact with the alleged victim after an arrest. Removing or modifying an EPO is often difficult because judges prioritize safety concerns in family violence cases. A defense attorney will work with the court to request modifications or file a motion to dismiss it.
Not necessarily. Domestic violence cases are prosecuted by the State of Texas, not the alleged victim. Even if the complaining witness wants a dismissal or signs an ANP, prosecutors may continue pursuing the case. This makes it necessary to retain a reliable domestic violence attorney to make sure your side of the story is fully presented.
While Travis County does provide a Veterans Treatment Court, it does not specifically cover domestic violence cases. Situations like mental health, substance abuse, or service-related challenges may contribute to the allegations against the veteran. A skilled defense attorney will advocate for treatment-focused alternatives or counseling options when appropriate.
A family violence finding will impact child custody disputes, visitation rights, protective orders, and divorce proceedings. Texas family courts are able to restrict parental rights or limit possession schedules when appropriate. Domestic violence attorneys help protect your parental rights and work to minimize the long-term impact these accusations may have on your family law case.
A personal bond allows for a release without paying a bondsman; it is based on a promise to appear in court. A surety bond requires a bail bond company to guarantee the bond amount for a fee. In a domestic violence case, eligibility for bonds varies depending on criminal history and the allegations involved.
