Bastrop Family Violence Lawyer

A family violence charge in Bastrop County touches every corner of your life at once. Your housing situation may be disrupted by a protective order. Your relationship with your children can be restricted within hours of an arrest. Your job, your firearms rights, your immigration status if applicable, and your permanent criminal record all hang in the balance before you’ve had a single conversation with an attorney. For anyone searching for a Bastrop family violence lawyer, the most important thing to understand is that the decisions made in the first hours and days after an arrest have lasting consequences, and the window to act strategically is short.

Texas law treats family violence allegations with particular urgency. Law enforcement officers responding to a domestic disturbance can make an arrest based on the totality of what they observe, even when both parties say nothing happened or when the person who called 911 asks them not to arrest anyone. Once the arrest is made, the prosecutor, not the complaining witness, controls whether charges move forward. That means even if the person who reported the incident later recants or refuses to cooperate, the State of Texas can and often does proceed with prosecution anyway.

The Law Offices of David C. Hardaway handles family violence defense in Bastrop County and throughout Central Texas. The firm is based in downtown San Marcos and regularly represents clients in Bastrop, Smithville, Elgin, and the surrounding communities. This is not a practice area where waiting to see what happens is a viable strategy. The earlier a defense attorney gets involved, the more options are available.

What Makes Family Violence Cases in Bastrop County Legally Distinctive

Family violence cases carry a different legal weight than ordinary assault charges, and that distinction runs through every stage of the case. In Texas, an assault charge becomes a family violence assault when the alleged victim has a defined relationship to the accused: a current or former spouse, a dating partner, a family member by blood or marriage, or someone sharing a household. That relationship designation triggers a set of consequences that attach immediately and follow the case for years afterward.

An affirmative finding of family violence in Texas cannot be expunged or sealed. If a judge or jury enters that finding, or if a plea agreement includes it, it stays on your record permanently and can be used to enhance any future offense. A second family violence conviction that would otherwise be a misdemeanor can be charged as a third-degree felony. This escalation structure means that even a first-time misdemeanor case deserves serious legal attention, because what happens in that case directly determines what a future charge would look like.

Bastrop County cases are typically handled in the County Court at Law, with felony-level family violence charges moving through the 21st or 335th District Courts depending on the case. Understanding how those courts operate, the tendencies of the prosecutors assigned to family violence dockets, and the procedures specific to Bastrop County gives a defense attorney real advantages that a general practitioner or a lawyer unfamiliar with that courthouse may not have.

Common Charges and Their Legal Frameworks in Bastrop Family Violence Cases

• Class A Misdemeanor Assault – Family Violence: The most frequently filed charge in domestic incidents, covering allegations of physical contact that causes bodily injury. In Texas, bodily injury is defined broadly and can include minor pain without visible marks, which means allegations do not require visible injury to support prosecution.
• Continuous Violence Against the Family: A felony offense that applies when a defendant is accused of committing two or more family violence assaults within a twelve-month period, even if neither incident resulted in a prior conviction. This charge is prosecuted aggressively and carries significant prison exposure.
• Aggravated Assault – Family Violence: Charged when the alleged assault involved a deadly weapon or caused serious bodily injury. This is a second-degree felony that, depending on circumstances, can be elevated to a first-degree felony.
• Violation of a Protective Order: A separate criminal offense, independent of the underlying family violence charge, for any contact prohibited by an emergency protective order or a magistrate’s order. Even indirect contact through a third party can form the basis of this charge.
• Interference with Emergency Request for Assistance: Covering situations where someone allegedly prevented another household member from calling 911 or otherwise seeking help during an incident. This charge is often added alongside assault allegations.
• Felony Family Violence Based on Prior Convictions: An assault that would otherwise be a misdemeanor becomes a third-degree felony when the defendant has a prior family violence conviction, even from another state, which is why understanding your prior record matters from the start.
• Stalking and Harassment: Charged in some domestic situations that involve repeated contact, threats, or conduct designed to cause fear, and frequently filed alongside or instead of direct assault charges when the alleged conduct fits that pattern.

What to Do After a Family Violence Arrest in Bastrop County

After an arrest, a magistrate in Bastrop County will typically issue an emergency protective order as a condition of bond. This order is not optional and does not require a hearing before it takes effect. It can bar you from your own residence, prohibit contact with your children if the other parent is the complaining witness, and restrict your movements in ways that immediately affect your work and personal life. Violating that order, even inadvertently, results in a separate criminal charge. Before you call family members or try to contact anyone involved in the incident, talk to an attorney first.

Gather and preserve everything you can before memories fade and evidence disappears. Text messages, call logs, photographs, voicemails, social media messages, and witness contact information are all potentially significant. If there is surveillance footage from neighbors, doorbell cameras, or nearby businesses that captured any part of the incident, that footage may be overwritten within days unless steps are taken to preserve it. Your attorney can send preservation requests, but time matters.

The Bastrop County District Attorney’s Office and the Bastrop County Sheriff’s Office handle the investigative and prosecutorial sides of these cases. If you were arrested in the city of Bastrop, the Bastrop Police Department may have handled the initial response. The relevant courthouse for misdemeanor family violence matters is the Bastrop County Courthouse at 804 Pecan Street in Bastrop, where the County Court at Law is located. Felony cases are also handled at that courthouse through the district courts. Knowing which court has your case and what the next scheduled date is matters immediately after an arrest, because bond conditions, reset deadlines, and preliminary hearings all happen on a timeline that will not pause while you figure things out.

One of the most consequential mistakes people make in family violence cases is attempting to handle early communications with police or prosecutors without legal representation. Investigators may contact you in the days after an arrest, sometimes presenting the conversation as routine or informal. There is no such thing as an informal conversation with law enforcement while criminal charges are pending. Anything you say can and will be used. The correct response to any such contact is to say you are represented by counsel and that they should direct all communication to your attorney.

Defenses That Actually Work in Texas Family Violence Cases

Not every accusation reflects what actually happened. Domestic situations are emotionally charged, law enforcement responses are often rapid and based on limited information, and the legal framework in Texas leans toward arrest in ambiguous situations. That means a meaningful number of family violence cases involve disputed facts, exaggerated allegations, or circumstances that look different once the full picture is developed through real investigation.

Self-defense is one of the most common and legally legitimate defenses in family violence cases. Texas law recognizes the right to use force to protect yourself from another person’s use of force, and that right applies within a household as much as it does anywhere else. If the evidence shows that you were defending yourself from an attack, that is a complete defense to the assault charge, and presenting it effectively requires assembling the evidence that supports your account before it disappears.

Challenging the evidence and the investigation itself is another avenue that a Bastrop family violence attorney will explore thoroughly. Police reports in domestic calls are sometimes prepared quickly, with incomplete information and one-sided accounts. Inconsistencies between the report, the 911 recording, the physical evidence at the scene, and witness statements can be significant at trial or in negotiations. Prosecutors evaluate their cases based on the evidence, and when the evidence has gaps or contradictions, outcomes can shift considerably.

False and exaggerated allegations do occur in domestic situations, particularly when a family violence accusation arises in the context of a custody dispute, a divorce, or a contentious separation. When the timing and circumstances of an allegation raise questions, those questions deserve to be asked through investigation and, if necessary, before a jury. The firm takes a structured, evidence-driven approach to identifying where a case is weak and building the defense around what the facts actually support.

Questions About Bastrop Family Violence Charges

Can the charges be dropped if the other person doesn’t want to press charges?

Not necessarily. In Texas, the decision to pursue or drop criminal charges belongs to the prosecutor, not to the alleged victim. A complaining witness who wants charges dropped can express that to the district attorney’s office, and prosecutors do sometimes consider that in their case evaluation. However, they are not bound by the alleged victim’s wishes and can proceed even over that person’s objection, particularly if other evidence supports the charges.

Will a family violence conviction affect my right to own firearms?

Yes. Under federal law, a conviction for a misdemeanor crime of domestic violence permanently disqualifies a person from possessing firearms or ammunition. This applies to state misdemeanor convictions, not just felonies. It is one of the most significant collateral consequences of even a first-time misdemeanor family violence case, and it applies whether or not the sentencing court says anything about it.

What is an emergency protective order and how long does it last?

An emergency protective order is issued by a magistrate at the time of a family violence arrest, typically before the person is even released from custody. In Texas, these orders generally remain in effect for a period ranging from 31 to 91 days, depending on circumstances. A separate civil protective order can be sought by the alleged victim through the district court and can last for up to two years, with the possibility of extension.

Can a family violence charge be expunged from my record in Texas?

If the charge is dismissed and no affirmative finding of family violence was entered, expunction may be available depending on the procedural posture of the case. However, if a conviction occurs and includes a family violence finding, that finding is permanent and cannot be sealed or expunged under Texas law. This is one reason why how a case is resolved matters as much as whether charges are filed at all.

What happens to a child custody arrangement when someone is charged with family violence?

A family violence charge, and especially a family violence conviction, has direct consequences under Texas family law. Courts are required to consider evidence of family violence when making custody determinations, and there is a rebuttable presumption in Texas against appointing a person with certain family violence findings as a sole or joint managing conservator. If a custody case is pending or may be filed, coordinating your criminal defense with any family law proceedings is essential.

If both parties were involved in the altercation, can both be charged?

Yes. Texas law allows dual arrests in domestic situations, and it is not uncommon for law enforcement to charge both parties involved in a mutual altercation. When both parties are charged, the legal dynamics of each case can be interconnected, and the defense strategy may need to account for how proceedings on one side affect the other.

How does a deferred adjudication work in a family violence case?

Deferred adjudication allows a defendant to plead guilty or no contest in exchange for a period of probation, at the end of which the case is dismissed without a formal conviction. However, in family violence cases, even a deferred adjudication can result in the entry of an affirmative finding of family violence, which carries the same long-term consequences as a conviction under Texas family law and federal firearms law. Whether deferred adjudication is appropriate depends heavily on the specific terms and what findings would be entered.

Does a no-contest plea to a family violence charge still count as a conviction?

For most purposes, yes. A no-contest plea results in a conviction for criminal record purposes, including the firearms disability under federal law and the affirmative finding consequences under Texas family law. The distinction between a guilty plea and a no-contest plea matters primarily in civil proceedings, where a no-contest plea cannot be used as an admission. It does not reduce the criminal or collateral consequences of the conviction itself.

How does a family violence charge affect someone who is not a U.S. citizen?

The immigration consequences of a family violence conviction can be severe. Crimes of domestic violence are among the categories that can trigger deportation, removal proceedings, or inadmissibility under federal immigration law. Even a misdemeanor conviction or a deferred adjudication may have significant immigration consequences depending on the charge, the plea, and the person’s immigration status. An attorney handling the criminal case should be aware of these implications before any disposition is agreed to.

What if the alleged incident occurred during a high-conflict divorce or custody proceeding?

The timing and context of a family violence allegation is directly relevant to the defense. When an accusation surfaces in the middle of contested divorce or custody litigation, it is a factor the defense will examine. The relationship between the criminal case and the civil family law proceeding is not incidental; evidence from one can affect the other, and the strategy in each must account for what is happening in both. Handling these cases in isolation from each other is a mistake that experienced defense attorneys work to avoid.

Representing Family Violence Defense Clients Across Bastrop County and Central Texas

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout Bastrop County and the surrounding region. In Bastrop County specifically, the firm handles cases for clients from the city of Bastrop, Smithville, Elgin, Cedar Creek, Rosanky, Red Rock, Paige, McDade, and the unincorporated communities throughout the county. The firm’s Central Texas practice extends through Hays County, including San Marcos, Kyle, and Buda, and into Caldwell County communities like Lockhart and Luling. To the west, the firm serves clients in Comal County including New Braunfels and Gruene, and in Guadalupe County including Seguin, Schertz, and Cibolo. The practice also covers clients in Williamson County including Georgetown and Round Rock, and reaches south through Bexar County toward San Antonio. The firm maintains offices in San Marcos as well as Fredericksburg and Brenham, giving it genuine familiarity with courts and procedures across an extensive stretch of Central Texas. Family violence clients in each of these communities receive the same level of attention: thorough case review, honest assessment, and defense work built around their specific facts.

Talk to a Bastrop Family Violence Attorney Before Your Next Court Date

The window between an arrest and the first court appearance is short, and what happens in that window affects the rest of the case. A Bastrop family violence attorney can review the charges, advise you on protective order conditions, begin identifying and preserving evidence, and give you an honest read on what you are actually facing. The Law Offices of David C. Hardaway handles these cases with the directness and preparation that a charge this serious demands. Clients who have worked with the firm describe getting straight answers, consistent communication, and representation that took their case seriously from day one. Call the office to schedule a confidential consultation and find out where you stand.