Boerne Family Violence Lawyer

A family violence charge in Kendall County carries consequences that reach far beyond the criminal courtroom. Protective orders, custody arrangements, firearm rights, housing, employment background checks, and immigration status can all be affected before a case ever goes to trial. For anyone arrested in Boerne or the surrounding Hill Country communities, understanding what is actually at stake, and moving quickly to build a real defense, is not optional. It is the difference between a conviction that follows you for years and a result that lets you rebuild your life.

The Law Offices of David C. Hardaway represents people charged with family violence in Boerne and throughout Kendall County and the broader Central Texas region. These cases are legally and factually complex. They often involve conflicting accounts, disputed physical evidence, and the emotional weight of family relationships, all playing out in a system that moves on its own timeline regardless of what you believe the truth to be. Having a defense attorney who knows how to slow that process down, examine the evidence carefully, and challenge the prosecution’s narrative is critical.

Texas takes family violence cases seriously at every level, from Class A misdemeanor assault charges to felony continuous violence allegations. Prosecutors in Kendall County and surrounding counties do not routinely dismiss these cases even when the complaining witness recants or declines to cooperate. The state can and often does proceed on its own, using law enforcement reports, photographs, 911 recordings, and other physical evidence. That reality shapes every decision a defense attorney makes from the moment of arrest forward.

What Family Violence Charges Actually Look Like in Kendall County

Texas law defines family violence broadly. It covers assault against a spouse, dating partner, family member by blood or marriage, or anyone sharing a household. That breadth means charges can arise from situations that look very different from one another, and the classification of the charge depends heavily on the specific facts, the relationship between the parties, and whether similar incidents have occurred before.

Assault causing bodily injury within a family or household relationship is typically charged as a Class A misdemeanor on a first offense. But prior convictions, even misdemeanor convictions in other states, can elevate the same conduct to a third-degree felony. Allegations involving strangulation or suffocation elevate the charge regardless of prior history. Continuous family violence, which involves two or more incidents within a 12-month period, is a third-degree felony on its own. Aggravated assault involving serious bodily injury or a deadly weapon can reach the first-degree felony level.

The gap between those classifications is enormous in terms of potential incarceration, fines, and the long-term consequences that follow. A misdemeanor conviction that carries a family violence finding triggers a federal firearms disability under the Lautenberg Amendment. That means no more lawful gun ownership, a consequence that affects law enforcement officers, military personnel, and anyone in a profession where carrying a firearm is required. Felony convictions carry heavier restrictions and can eliminate professional licensing options in fields like healthcare, education, and financial services.

The Charges a Boerne Family Violence Attorney Handles

• Assault causing bodily injury – family violence: The most common charge in domestic situations, covering physical contact that results in pain or injury to a spouse, partner, or household member, prosecuted under Texas Penal Code Chapter 22 with a family violence affirmative finding.
• Assault by strangulation or suffocation: Charged as a third-degree felony regardless of prior history when the offense involves impeding breathing or circulation, and prosecutors pursue these aggressively due to the recognized lethality risk associated with strangulation incidents.
• Continuous family violence: A felony-level charge that applies when two or more qualifying assaults occur within a 12-month period, which allows the state to aggregate conduct that might otherwise be misdemeanor incidents into a single serious felony count.
• Protective order violations: Contempt and criminal charges arising from contact with a protected party, which Kendall County courts treat seriously and which can result in immediate arrest and incarceration even when the underlying contact was initiated by the protected person.
• Terroristic threat within a household: Charges based on communications, whether text messages, voicemails, or verbal statements, that are alleged to place a family or household member in fear of imminent serious bodily injury.
• Aggravated family assault: Elevated charges when the alleged conduct involves serious bodily injury or a deadly weapon, including situations where a vehicle, household object, or firearm is alleged to have been used.
• Emergency protective order defense: EPOs are issued at the time of arrest and take effect immediately, restricting access to a shared home and potentially separating a parent from their children; challenging scope and conditions of these orders is often one of the first priorities.

Why David Hardaway’s Defense Approach Fits These Cases

The Law Offices of David C. Hardaway is a San Marcos-based criminal defense firm that handles serious charges throughout Central Texas, including Kendall County. The firm’s track record includes cases that were dismissed rather than resolved by plea, which in a family violence context represents the most meaningful possible outcome given the collateral consequences tied to any conviction or even a deferred adjudication with a family violence finding. Clients have described the firm’s approach as thorough, investigative, and genuinely committed to understanding each person’s specific situation rather than moving cases through a template resolution.

Family violence defense requires careful early work. The 911 recording tells one story. The photographs tell another. The arrest report reflects the responding officer’s interpretation. None of these are automatically accurate, and all of them can be challenged. The firm’s stated commitment to treating each case individually, digging into the evidence, and developing strategies specific to the facts is particularly well-matched to family violence cases, where the details of what actually happened, who said what, and what physical evidence actually shows often differ significantly from the prosecution’s initial theory.

Boerne and Kendall County cases are handled in the 216th District Court for felony matters and in the Kendall County Court at Law for misdemeanor charges. The firm serves clients throughout the counties along and off the I-35 corridor and into the Hill Country, which includes Kendall County and the communities surrounding Boerne. Familiarity with the courts, prosecutors, and procedures in these jurisdictions matters when negotiating case outcomes or preparing for trial.

Decisions That Matter Immediately After an Arrest in Boerne

When someone is arrested on a family violence charge in Boerne, an emergency protective order is almost always issued at the time of arrest. This order typically prohibits the arrested person from returning to a shared residence and from contacting the complaining witness. Violating it, even unintentionally, creates a separate criminal exposure. The first step after arrest is complying fully with the terms of the EPO while consulting with a defense attorney about whether those terms can be modified through the civil court process.

Bond conditions in family violence cases often include electronic monitoring, mandatory check-ins, or additional contact prohibitions. Understanding and complying with those conditions while the case is pending is essential. Kendall County criminal cases are processed through the county courthouse on Main Street in Boerne. Misdemeanor cases move through the County Court at Law, while felony-level charges go to district court. The timeline from arrest to resolution varies, but family violence cases rarely move quickly, and that window of time is where defense work happens.

One of the most common mistakes people make is assuming that if the complaining witness changes their mind or refuses to cooperate, the case will be dropped. Texas prosecutors are not required to have a cooperative witness to proceed, and many do not. The prosecution can subpoena a witness to testify, and can pursue the case using only law enforcement evidence if they choose. A defense attorney who understands this dynamic can work with the full picture rather than waiting on a development that may never come.

Documentation matters from the very beginning. Text messages, voicemails, emails, social media activity, and other communications relevant to the relationship and the specific incident should be preserved immediately. Medical records, photographs of the scene, and the accounts of anyone present at or near the location can all become important. Do not delete anything, and do not attempt to contact the other party about the case, whether to explain, apologize, or discuss what happened. Any such contact can be used against you and may itself constitute a protective order violation.

Questions People Are Asking About Boerne Family Violence Cases

Can the charges be dropped if the other person does not want to press charges?

The decision to prosecute in Texas belongs to the prosecutor’s office, not the complaining witness. Once law enforcement files a report and an arrest is made, the state can pursue charges independently. Prosecutors in domestic violence cases routinely proceed without an actively cooperative witness, using the arrest report, photographs, 911 recordings, and other physical evidence to build their case. A witness who recants or is reluctant to testify creates challenges for the state, but does not automatically end the prosecution.

What happens to my living situation if I share a home with the complaining witness?

An emergency protective order typically bars you from returning to a shared residence immediately after arrest, even if you own or lease the property. While the EPO is in effect, you will need to make alternative living arrangements. A defense attorney can seek to modify EPO conditions through the appropriate court, particularly in situations where both parties are cooperative and have legitimate reasons to request modification. These requests are not always granted, but the avenue exists and should be explored promptly.

How does a family violence conviction affect child custody?

Under Texas family law, a conviction or a finding of family violence is directly relevant to custody determinations. Courts are required to consider evidence of family violence when making conservatorship decisions, and a conviction or even a deferred adjudication with a family violence finding can significantly limit a parent’s rights to possession and access. Resolving the criminal case favorably, or at minimum without a family violence finding, can meaningfully protect your standing in any parallel or subsequent custody proceeding.

What does “family violence finding” mean and why does it matter?

Texas law allows courts to attach an affirmative finding of family violence to certain dispositions, including deferred adjudications. This finding, even when it does not result in a final conviction, triggers legal consequences including the federal firearms disability, restrictions on future expunction eligibility, and the ability to use the prior finding to elevate a future offense to a felony. Negotiating a resolution that avoids this finding is often as important as the underlying disposition of the charge itself.

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

Expunction in Texas is available in limited circumstances, primarily when charges are dismissed outright or the person is acquitted. A deferred adjudication for a family violence offense is generally not eligible for expunction and may not qualify for a nondisclosure order either, depending on the specific offense and applicable law. This makes the outcome of the criminal case itself critically important for anyone concerned about long-term record consequences, because options for clearing the record later are narrower than they are for many other offense categories.

I’m in the military or law enforcement. Does a family violence charge affect my career?

Yes, and significantly. Any conviction or plea with a family violence finding triggers the Lautenberg Amendment, a federal law that prohibits anyone with such a conviction from possessing firearms. For active military personnel, law enforcement officers, or anyone in a profession that requires carrying a firearm, this consequence can mean immediate disqualification from service or employment. Career implications must be part of any honest conversation about how to approach the defense of these charges, and it is one reason why accepting a plea without fully understanding the collateral consequences can be a serious mistake.

What if I was defending myself and the other person was the aggressor?

Self-defense is a recognized legal defense in Texas, including in the family violence context. The analysis involves whether you reasonably believed force was immediately necessary to protect yourself from unlawful force. Texas also recognizes the right to use force in defense of a third person in some circumstances. The challenge in family violence cases is that responding officers typically arrest one person based on visible evidence and initial accounts, and the self-defense narrative often needs to be established through a thorough investigation of all available evidence, including prior incident history, injury patterns, and the credibility of all accounts. This is not a defense that succeeds without careful legal work.

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

Timelines vary considerably depending on whether the charge is a misdemeanor or felony, how the prosecution approaches the case, and whether the matter goes to trial or resolves by agreement. Misdemeanor cases may resolve within a few months in some circumstances. Felony cases, particularly those that proceed toward trial, can take considerably longer. During that time, protective orders may remain in effect and bond conditions apply. Knowing the realistic timeline helps defendants make practical decisions about housing, employment, and family arrangements while the case is pending.

Can I own or buy a gun while my case is pending, before any conviction?

A protective order in Texas can restrict firearm possession while it is in effect. Federal law also imposes restrictions on persons subject to qualifying protective orders. Before purchasing or possessing a firearm while a family violence case is pending and a protective order is active, it is essential to understand what restrictions apply, because a violation can result in separate federal or state criminal charges layered on top of the underlying case.

What if the incident happened but there was no physical injury?

Physical injury is not required for a family violence charge in Texas. Assault can be charged based on intentional or knowing contact that the other person found offensive or provocative, even without visible injury. Terroristic threat charges, as noted, are based on communications that cause fear rather than physical contact at all. The absence of injury may affect the severity of the charge or the strength of the prosecution’s case, but it does not eliminate criminal exposure in this context.

Defending Clients Across Boerne, Kendall County, and the Surrounding Hill Country

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout Boerne, Comfort, Waring, Welfare, and Fair Oaks Ranch within Kendall County. The firm also handles cases for clients in the surrounding Hill Country communities of Fredericksburg and Gillespie County, Kerrville and Kerr County, and the communities along U.S. 281 and Texas 46 that connect Kendall County to Bexar County to the south and Comal County to the east. Clients in New Braunfels, Bulverde, Spring Branch, and Canyon Lake who face family violence charges in county or district court are also served. The firm has office locations in San Marcos and Fredericksburg, making it accessible to clients throughout the I-35 corridor and into the Hill Country. From San Marcos north toward Austin and south through New Braunfels and into the communities along the Guadalupe River corridor, David Hardaway’s criminal defense practice reaches the courts and clients that matter throughout this region.

Talk to a Boerne Family Violence Attorney About Your Defense

The decisions made in the days and weeks immediately following a family violence arrest in Kendall County shape everything that follows, from the conditions of your release to the outcome of the case itself and the long-term effect on your record, your family situation, and your professional life. A Boerne family violence attorney at The Law Offices of David C. Hardaway will review the specific facts of your situation honestly, explain your realistic options, and work to build the strongest possible defense for your case. Contact our office to schedule a confidential consultation and start getting real answers about where you stand.