Bastrop County Family Violence Lawyer

A family violence charge in Bastrop County changes things fast. An arrest can mean a magistrate’s protective order issued the same night, restrictions on where you can live, and mandatory conditions attached before you even speak to a prosecutor. For people who work with children, hold professional licenses, or are in the middle of a custody dispute, the collateral damage begins the moment the charge appears on a record. Getting a Bastrop County family violence lawyer involved early is not just about the criminal case. It is about understanding every decision point that follows an arrest and making those decisions with clear information.

What makes family violence cases in Bastrop County different from other criminal matters is the way they move through the system. The complaining witness does not control whether charges proceed. The Bastrop County District Attorney’s Office makes that call, and prosecutors in these cases are trained to look for independent evidence that supports the allegation even when a victim recants or declines to cooperate. Evidence from the scene, 911 recordings, photographs, medical records, and witness statements can all carry the case forward without the alleged victim’s testimony. Defendants who assume the case will disappear on its own often find out too late that the system does not work that way.

At The Law Offices of David C. Hardaway, we represent people charged with family violence offenses throughout Bastrop County and the surrounding region. We know how these cases are built, where they are weak, and how to challenge the evidence before it reaches a jury. Our office has handled everything from first-time assault allegations to serious felony charges, and we approach each case by looking at the actual facts rather than assumptions about how the situation will resolve.

What Family Violence Charges in Bastrop County Actually Cover

• Assault – Family Violence (Class A Misdemeanor): The most commonly filed charge in domestic situations, covering intentional, knowing, or reckless bodily injury to a household or family member. A conviction carries the loss of federal firearm rights and a permanent family violence finding that cannot be expunged under Texas law.
• Assault – Family Violence with Prior Conviction: A prior family violence conviction, even a misdemeanor, elevates a subsequent charge to a third-degree felony under Texas law. The prior does not have to be from Bastrop County or even from Texas.
• Continuous Violence Against the Family: A felony charge that does not require a conviction on any individual incident but instead requires proof of two or more assaultive acts against family or household members within a twelve-month period.
• Aggravated Assault – Family Violence: When the offense involves serious bodily injury or a deadly weapon, the charge becomes a first or second-degree felony. Cases involving strangulation or choking are often charged at this level given the severity of the conduct and the presumptive danger it signals.
• Violation of a Protective Order: Bastrop County magistrate’s orders issued at the time of arrest carry immediate legal force. Any contact with the protected person, even contact initiated by the alleged victim, can result in a separate criminal charge for the defendant.
• Interference with Emergency Request for Assistance: A standalone offense that covers preventing someone from calling 911 or summoning emergency help. Prosecutors frequently add this charge to assault cases where there is evidence of phone damage or a disconnected emergency call.
• Family Violence Against a Pregnant Person: Texas law provides enhanced penalties when the defendant knew or should have known the victim was pregnant. This is a sentencing enhancement that applies at various levels of assault charges.

Why David Hardaway’s Firm Handles These Cases Differently

Client reviews of The Law Offices of David C. Hardaway consistently point to two things: the firm actually communicates, and it investigates. In family violence cases, those two qualities matter more than in almost any other type of criminal defense. These cases move through the system with speed that catches defendants off guard, and the evidence gathered in the first hours after an arrest often defines the entire trajectory of the case. Clients who have worked with this firm describe being guided through the process from the beginning, having questions answered promptly, and feeling like someone was genuinely paying attention to the details of their situation.

The firm serves clients across the full Central Texas corridor and has handled serious criminal charges, including violent crime allegations, throughout the region. Bastrop County cases are prosecuted in the 21st and 335th District Courts and in Bastrop County Court at Law for misdemeanor matters. Understanding the personnel, the local procedures, and the expectations within those courtrooms is part of what this firm brings. The work is not templated. One client described the difference as having a team that “investigated and thoroughly believed” in the case rather than pushing toward a quick resolution. That kind of attention is exactly what family violence defense requires, because the facts almost always matter more than the initial charge.

What to Do After a Family Violence Arrest in Bastrop County

The first thing that happens after a family violence arrest in Bastrop County is a magistrate hearing, typically held at the Bastrop County Jail on Farm-to-Market 1441. At that hearing, the magistrate issues an emergency protective order. That order goes into effect immediately and can prohibit you from returning to your own home. Violating it, even accidentally, creates an entirely new criminal problem. Before you do anything else, you need to understand exactly what that order says and what it prohibits.

Do not make contact with the complaining witness to try to resolve the situation privately. This is the most common mistake people make after a family violence arrest, and it is the kind of mistake that prosecutors use against defendants at trial. The protective order exists whether the alleged victim wants it or not. Any contact, text, call, or message through a third party can be treated as a violation. If children are involved and you need to coordinate custody or visitation, that communication needs to go through an attorney.

Document everything you can remember about the incident and the events leading up to it. Write it down privately, in detail, and share it with your attorney. If there are witnesses who saw or heard what happened, note their names and contact information. If there are any surveillance cameras at your home or in the area of the incident, act quickly because footage can be overwritten. Medical records, text message histories, and photographs of the scene or any injuries, including your own, can all become important evidence.

In Bastrop County, misdemeanor family violence cases are handled by the County Court at Law, located at the Bastrop County Courthouse at 804 Pecan Street in Bastrop. Felony charges go before either the 21st or 335th District Court, also located at the courthouse. The Bastrop County District Attorney’s Office handles prosecution. Cases do not typically resolve quickly, and the process from arrest through final disposition often spans several months. Bond conditions attached to family violence cases frequently include requirements to attend a battering intervention program, even before any conviction. Understanding which conditions apply to your bond and complying strictly with them keeps you out of additional legal trouble while the case is pending.

The Long-Term Consequences That Prosecutors Do Not Always Mention

A family violence conviction in Texas carries a finding that follows you beyond the criminal sentence itself. Texas law prohibits expunction or nondisclosure of family violence convictions, which means the conviction stays on your public record permanently. Under federal law, a conviction for a misdemeanor crime of domestic violence disqualifies you from possessing or purchasing firearms. For hunters, law enforcement officers, military personnel, or anyone whose work involves firearms, that consequence alone can end a career.

Family violence findings also appear in custody proceedings. Texas family courts treat a history of family violence as a factor that can restrict parenting time, require supervised visitation, or affect decisions about the primary conservator. If you are currently in a custody dispute or anticipate one, a family violence conviction does not just affect the criminal case. It affects every aspect of how the family court evaluates your role as a parent.

Certain professional licenses in Texas are subject to review or suspension following a family violence conviction. Healthcare workers, licensed educators, attorneys, and others in regulated professions may face licensing board proceedings separate from the criminal case. A Bastrop County family violence attorney who understands this landscape can help you think through the full scope of what a conviction means for your specific situation, not just the immediate sentence.

Deferred adjudication is sometimes available in family violence cases, and it avoids a final conviction if the defendant successfully completes probation. But deferred adjudication in a family violence case is still not eligible for nondisclosure in most circumstances under current Texas law, and it can still be treated as a conviction for purposes of firearm restrictions under federal law. These are the kinds of distinctions that matter enormously when evaluating a plea offer, and they are exactly the kind of analysis this firm provides before any client makes a decision.

Questions About Family Violence Cases in Bastrop County

Can the alleged victim drop the charges?

No. In Texas, family violence charges are filed by the state, not by the complaining witness. The Bastrop County District Attorney’s Office decides whether to proceed. A victim can choose not to cooperate or can recant, and that may affect how the case develops, but it does not automatically result in dismissal. Prosecutors are specifically trained to handle uncooperative witnesses and to build cases around other available evidence.

What happens to the protective order after the case is over?

The emergency magistrate’s protective order issued at arrest typically lasts until the case concludes or until a hearing results in modification. A separate civil protective order can be sought by the alleged victim in district court and can last for up to two years or longer in certain circumstances. Even after a criminal case resolves, a civil protective order may remain in place. If there is an active order and you have questions about what it permits, work through your attorney before taking any action.

What if both parties were involved in the altercation?

Texas law recognizes mutual combat situations, and in some cases both parties may be arrested. However, officers are trained to identify a “primary aggressor” and often only one person is charged. If you were also injured during the incident, document those injuries immediately. Defensive wounds, bruising, or other physical evidence of your injuries can be relevant to the defense and to any claim that your actions were in self-defense.

Does a family violence arrest show up on a background check even if I am not convicted?

The arrest record itself is visible on a background check until and unless it is expunged. If the case results in dismissal or acquittal, you may be eligible to expunge the arrest record, which removes it from public access. If you receive deferred adjudication and successfully complete probation, expunction is generally not available in a family violence case, though nondisclosure eligibility depends on specific circumstances. Your attorney can help you understand what record relief options may be available given the outcome of your case.

How does a family violence charge affect an ongoing or future custody case in Bastrop County?

Bastrop County family courts apply Texas Family Code standards that treat credible evidence of family violence as a significant factor in conservatorship decisions. A criminal charge, even without a conviction, can be raised in a family court proceeding. A conviction, particularly one involving violence toward the other parent or in the presence of children, can result in supervised visitation, primary conservatorship shifting to the other parent, or other restrictions. Managing the criminal case with awareness of parallel family court proceedings requires coordination, and an attorney handling the criminal matter should understand what is at stake in both arenas.

Can a first-time family violence offense in Bastrop County result in jail time?

Yes. A Class A misdemeanor assault family violence charge carries a potential sentence of up to one year in the Bastrop County Jail and a fine. Probation is often available for first-time offenders, but jail time is possible depending on the facts of the case, the severity of the alleged injury, and the defendant’s prior history. Felony charges carry state prison exposure. No outcome should be assumed without reviewing the specific facts of your case.

What is a “battering intervention and prevention program” and when is it required?

Texas courts commonly require completion of a state-approved battering intervention and prevention program (BIPP) as a condition of probation in family violence cases. These programs are typically weekly group sessions spanning several months. In Bastrop County, compliance with BIPP requirements is monitored by probation officers, and failure to complete the program can result in probation revocation. Some bond conditions require enrollment even before the case is resolved, so it is important to understand what your specific conditions require.

Will a family violence charge affect my immigration status?

Potentially, yes. Under federal immigration law, certain domestic violence offenses are classified as crimes involving moral turpitude or as aggravated felonies, both of which can trigger serious immigration consequences including deportation, inadmissibility, or bars to naturalization. Even a deferred adjudication or a plea to a lesser charge can have immigration implications depending on the specific offense and the individual’s visa or residency status. Non-citizens facing family violence charges in Bastrop County should ensure their attorney understands these consequences before any plea is entered.

What if the alleged incident happened on a county road or in a car rather than at a residence?

Texas law defines family violence based on the relationship between the parties, not the location of the incident. An assault between current or former spouses, dating partners, family members, or household members qualifies as family violence regardless of whether it occurred at home, in a vehicle on Highway 71, in a parking lot in Elgin, or anywhere else in Bastrop County. The location of the incident may matter for evidentiary reasons, including surveillance, witnesses, or physical evidence, but it does not determine whether the offense is charged as family violence.

How long does a family violence case typically take to resolve in Bastrop County?

Misdemeanor cases in the Bastrop County Court at Law and felony cases in the district courts both move on timelines that depend on caseload, evidence review, investigation, and whether plea negotiations occur or the case goes to trial. Many cases resolve within six months to a year, though complex cases or those proceeding to trial take longer. Your attorney’s ability to engage early with prosecutors, file appropriate motions, and investigate the facts affects how the case develops and how long it remains pending.

Serving Bastrop County and Surrounding Communities

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Bastrop County and the surrounding Central Texas region. Within Bastrop County, we regularly handle cases involving people from the city of Bastrop, Elgin, Smithville, Cedar Creek, Paige, McDade, Red Rock, Rosanky, Lagrange Road areas, and the rural communities that stretch along Highway 71 and State Highway 95. We also represent clients from the fast-growing communities along the 183 corridor and in the eastern portions of the county near the Lost Pines area.

Beyond Bastrop County, our family violence defense work extends through the broader Central Texas corridor. We represent clients from Travis County, Hays County, Caldwell County, Lee County, and Fayette County. Our office in downtown San Marcos handles cases from clients in Lockhart, Luling, Gonzales, and Seguin, as well as from communities throughout the I-35 corridor between San Antonio and Austin. Wherever a client is facing a family violence charge in this region, the same approach applies: investigate the facts, understand the full consequences, and build a defense around what the evidence actually shows.

Talk to a Bastrop County Family Violence Attorney Before You Make Any Decisions

The decisions made in the first days after a family violence arrest are the ones that tend to define the rest of the case. Whether to accept or contest a protective order, whether to pursue a plea offer or take the case to trial, how to handle custody arrangements while the case is pending, whether deferred adjudication serves your goals given your professional or immigration situation – these are not decisions to make alone or in a rush. A Bastrop County family violence attorney from The Law Offices of David C. Hardaway will sit down with you, go through the actual facts, and give you honest analysis so you can make informed choices about your own case.

Contact our office to schedule a confidential consultation. We will review your situation, explain how these cases tend to move through the Bastrop County courts, and tell you what we see as the realistic options. You deserve straightforward information from someone who has handled this type of case before, and that is what we provide.