Central Texas Family Violence Lawyer

A family violence charge in Texas carries weight that extends far beyond the courtroom. The moment an arrest is made, consequences start accumulating: protective orders that may remove you from your own home, firearm restrictions, immigration implications, employment barriers, and a permanent mark on your criminal record that does not disappear quietly. For anyone facing these charges in Hays County, Comal County, Caldwell County, or anywhere in the Central Texas region, understanding what is actually at stake and how Texas law handles these cases is not optional, it is essential.

The Law Offices of David C. Hardaway represents people charged with Central Texas family violence offenses across the full range of charges these cases involve, from Class A misdemeanor assault-family violence to felony aggravated assault and strangulation. These are not cookie-cutter cases. The facts matter enormously, the credibility of witnesses is often the central issue, and the decisions made in the first days after arrest can shape the entire trajectory of the case. This firm provides the kind of direct, detailed attention that cases this consequential require.

David Hardaway and his team have built a reputation throughout Central Texas for clear communication and rigorous case preparation. Client reviews consistently point to the same qualities: accessibility when questions arise, honest assessments rather than false reassurance, and thorough investigation of the facts. Those qualities matter in every criminal case, but they matter especially in family violence cases, where the emotional intensity runs high and the legal system moves quickly.

What Family Violence Charges Actually Look Like Under Texas Law

Texas defines family violence broadly. Under the Texas Family Code, it includes any act by a member of a family or household, or by a person in a dating relationship, that is intended to result in physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably place the victim in fear of imminent harm. This definition is expansive by design, and it means that people find themselves charged under the family violence statutes in situations they did not anticipate would be treated this way by law enforcement.

What most people do not fully appreciate is that in Texas, the alleged victim cannot simply decide to “drop the charges.” Once an arrest is made and the case is referred to the district attorney’s office, the state controls the prosecution. A complainant who recants or refuses to cooperate creates complications for the prosecution, but it does not automatically result in dismissal. Prosecutors in Hays County and surrounding counties are experienced with uncooperative witnesses and have strategies for proceeding without full victim cooperation. This is why the defense investigation matters so much from the very beginning.

• Assault-Family Violence (Misdemeanor): The most commonly charged offense, arising from allegations of physical contact that causes bodily injury between family members, household members, or people in a dating relationship. Even a first conviction carries serious collateral consequences under Texas law, including the loss of the right to possess firearms under federal law.
• Assault-Family Violence with a Previous Conviction: A prior family violence conviction, even from another state, can elevate what would otherwise be a misdemeanor to a third-degree felony carrying up to ten years in prison. The enhancement applies based on the prior conviction’s nature, not on whether the current allegation is more serious.
• Continuous Violence Against the Family: A charge that can be brought when there are two or more incidents of family violence within a twelve-month period, even if no arrests were made for the prior incidents. This is a third-degree felony and prosecutors use it aggressively.
• Aggravated Assault-Family Violence: Involves either serious bodily injury or the use of a deadly weapon. This is a first or second-degree felony depending on the circumstances, and convictions carry prison sentences measured in decades, not years.
• Strangulation: Under Texas law, impeding someone’s normal breathing or circulation by applying pressure to the throat or neck, or blocking the nose or mouth, elevates an assault charge to a third-degree felony, even if the contact left no visible marks.
• Violation of a Protective Order: Once an emergency protective order is issued following a family violence arrest, any contact with the protected person, even initiated by that person, can result in separate criminal charges ranging from a Class A misdemeanor to a felony depending on circumstances.
• Family Violence Involving Firearms: Federal law prohibits possession of firearms by anyone convicted of a misdemeanor crime of domestic violence. This consequence applies even to Class A misdemeanor convictions and is permanent unless the conviction is later vacated or expunged under circumstances that meet the federal requirements.

Why Representation from The Law Offices of David C. Hardaway Matters for These Charges

David Hardaway’s practice covers the full range of serious criminal charges across Central Texas, and family violence cases sit at the intersection of criminal procedure, evidence law, and the unique dynamics of domestic dispute investigations. Clients who have worked with this firm describe results-oriented representation and a team that genuinely invests in understanding the facts of each case. One former client described getting a case dismissed rather than settling for a conviction, a result that the firm’s attention to detail and thorough investigation made possible. Another noted that the team “listened to me and investigated and thoroughly believed in me.”

In family violence cases, that investigative approach is not just a value-add, it is often the deciding factor. These cases frequently come down to credibility, inconsistencies in prior statements, the reliability of police reports written under time pressure, the presence or absence of physical evidence, and what witnesses actually observed versus what they reported. A family violence defense attorney in Central Texas who takes the time to examine body camera footage, interview witnesses independently, and scrutinize the initial police report is working toward a materially different outcome than one who simply reviews the state’s evidence and advises a plea. The Law Offices of David C. Hardaway operates from the former approach.

The First Seventy-Two Hours and What You Need to Do

After a family violence arrest in Texas, law enforcement will typically issue an emergency protective order before releasing the arrested person from custody. This protective order takes effect immediately and usually lasts between 31 and 91 days. It can prohibit contact with the alleged victim and may require the arrested person to leave a shared residence. Violating this order, regardless of the circumstances, creates an independent criminal exposure that complicates the underlying case significantly.

The arraignment in Hays County will take place at the Hays County Courthouse located in San Marcos on the square in downtown. That is also where the Hays County District Attorney’s office handles prosecution of family violence cases. For cases in Comal County, proceedings occur at the Comal County Courthouse in New Braunfels. In Caldwell County, cases are handled at the Caldwell County Courthouse in Lockhart. Knowing which court system applies to your specific case matters because procedures, tendencies, and local practice vary between jurisdictions, and an attorney familiar with Central Texas courts brings real practical value to that reality.

In terms of what you should actually do following an arrest: do not attempt to contact the protected person under any circumstances, even to clarify misunderstandings. Do not make statements to police or investigators without an attorney present. Preserve any evidence that may be relevant to your version of events, including text messages, voicemails, photographs of the scene, or communications that establish the context leading up to the alleged incident. Document any injuries you may have sustained, because evidence of mutual combat or self-defense can significantly alter the analysis of the case. Contact an attorney before the first court date, because bail conditions and protective order terms may be challengeable at early hearings, and missing those opportunities has lasting consequences.

A common and costly mistake is assuming the situation will resolve itself, particularly when the alleged victim expresses a desire not to pursue charges. As noted above, the prosecution decision rests with the district attorney’s office, not the complaining witness. By the time the case is set for trial or a plea deadline approaches, options that were available early in the process may have closed.

Challenging the Evidence and Understanding Defense Strategies

Family violence cases are not inherently strong cases for the prosecution, even when charges sound serious. The evidentiary landscape in these cases has specific vulnerabilities that a thorough defense attorney will examine systematically.

Witness credibility is the most obvious area. Complaints made during or immediately after a heated domestic dispute are not always accurate. Witnesses may have mixed motivations, including anger, desire for leverage in a pending divorce or custody matter, or pressure from family members. Statements made to police at the scene may contradict later statements, and those inconsistencies can be powerful at trial or in negotiations with the prosecution.

Physical evidence interpretation is another area of genuine dispute. Injuries in family violence cases are sometimes ambiguous, and the prosecution’s characterization of an injury as consistent with a specific type of assault can be challenged through independent medical analysis. The absence of physical evidence, in cases where the prosecution’s theory requires its presence, is equally significant.

Procedural issues in the arrest and investigation can also provide grounds for suppression or challenge. Was the arrest based on probable cause? Were statements obtained in compliance with the defendant’s rights? Was body camera footage preserved? These are the kinds of questions a Central Texas family violence attorney who approaches cases analytically will pursue from the earliest stages of representation.

Finally, the availability of affirmative defenses, including self-defense and defense of others, is a serious consideration in cases where the facts support them. Texas law provides real protections for people who were acting defensively in a volatile situation, and presenting those defenses effectively requires preparation and credible evidence, not just an assertion.

Questions About Family Violence Charges in Central Texas

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

Expungement of a family violence conviction is not available in Texas. Convictions are generally not eligible for expungement. However, if the charge was dismissed, resulted in an acquittal, or if you received deferred adjudication and successfully completed community supervision without a final conviction, different options may be available. The specifics depend heavily on the outcome of your case and when it occurred. An attorney can review the record and advise what, if anything, is available in your situation.

What happens if the alleged victim contacts me first after the protective order is issued?

Contact initiated by the protected person does not excuse the defendant from compliance with a protective order. The order restricts your conduct regardless of who initiates communication. If the protected person contacts you, do not respond through any channel covered by the order. Document the contact and bring it to your attorney’s attention immediately, because it may be relevant to how the case is handled and whether the protective order conditions should be modified through the court.

Will a family violence conviction affect my custody or visitation rights?

Yes, significantly. Under Texas family law, a finding that a parent has committed family violence creates a rebuttable presumption that awarding that parent sole or joint managing conservatorship is not in the best interest of the child. This does not mean custody is automatically lost, but it places a real burden on the convicted parent and gives the other party substantial leverage in family court proceedings. The criminal and family law dimensions of these cases often run concurrently, and understanding how one affects the other is an important part of building your defense strategy.

Does a misdemeanor family violence conviction really affect my right to own firearms?

Under federal law, yes. A conviction for a misdemeanor crime of domestic violence, which includes a Texas Class A misdemeanor assault-family violence conviction, triggers a lifetime prohibition on possessing firearms or ammunition under federal statute. This applies regardless of what Texas state law says and is not restored automatically even after completing any sentence or supervision. This is one of the reasons why the stakes in what might seem like a “minor” misdemeanor case are actually quite high for many people.

Can I be charged with family violence if there was no physical contact?

Yes. Texas law covers threats that place the other person in reasonable fear of imminent bodily injury, as well as harassment and stalking conduct in some circumstances. Charges can arise from verbal threats, threatening gestures, or patterns of conduct that do not involve any physical touching. The absence of physical contact does not eliminate the possibility of a criminal charge, though it does affect the evidentiary posture of the case.

How does the Hays County District Attorney’s office typically approach first-time family violence cases?

Hays County prosecutors handle a significant volume of family violence cases, and their approach depends on the specific facts, the severity of the alleged injury, the presence or absence of prior history, and the overall posture of the complaining witness. First-time cases without serious injury may be resolved through pretrial diversion or deferred adjudication in some circumstances, but those outcomes are not guaranteed and typically require a well-prepared defense that positions the defendant favorably during negotiations. An attorney with courtroom familiarity in Hays County understands the local practices and what a realistic range of outcomes looks like for a given fact pattern.

If I complete a batterer’s intervention program, will my charges be dismissed?

Completing a batterer’s intervention program may be a condition of probation or deferred adjudication, but it does not by itself result in dismissal of charges. Dismissal of charges or avoidance of a final conviction depends on the specific agreement reached with the prosecution and the court. Voluntarily enrolling in such a program before resolution of the case is sometimes used as a mitigating factor in negotiations, but it should only be done in consultation with your attorney, who can assess whether it helps or complicates your specific situation.

What is deferred adjudication and is it available for family violence charges in Texas?

Deferred adjudication is a form of community supervision where a defendant enters a plea, but the court defers the finding of guilt while the defendant completes supervision conditions. If completed successfully, no final conviction is entered. However, deferred adjudication for family violence offenses in Texas comes with specific limitations. It does not permit subsequent nondisclosure of the record in most circumstances for family violence cases, meaning the arrest and plea remain visible on background checks even after successful completion. This distinction matters and should be part of any serious discussion about how to resolve a family violence case.

How long does a typical family violence case take to resolve in Hays County?

The timeline varies substantially depending on whether the case proceeds to trial, the complexity of the evidence, the court’s docket, and how quickly the parties can reach a resolution through negotiation. Misdemeanor cases handled at the county court level may resolve in a matter of months. Felony cases involving more serious allegations can take considerably longer, particularly if pretrial motions are filed or if the case goes to trial. A meaningful estimate requires reviewing the actual facts of your case and understanding the current Hays County court schedule.

What if the family violence incident occurred in a city other than San Marcos, but still in the Central Texas area?

The county where the offense occurred determines which court handles the prosecution, not the city. For example, a family violence arrest in Kyle or Buda falls under Hays County jurisdiction, while an arrest in New Braunfels is handled in Comal County, and an arrest in Seguin is handled in Guadalupe County. David Hardaway’s practice covers all of these jurisdictions, and familiarity with the specific courts, prosecutors, and procedures in each county is a practical advantage in any case that arises outside of San Marcos proper.

Serving Family Violence Clients Across Hays County and Central Texas

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Central Texas from its base in downtown San Marcos. In Hays County, this includes clients in San Marcos itself, as well as Kyle, Buda, Wimberley, Dripping Springs, and the communities along the SH 21 and FM 150 corridors. North along the I-35 corridor, the firm handles cases in Austin, Round Rock, Georgetown, and Williamson County. South toward San Antonio, representation extends through New Braunfels and the Comal County court system, and into Bexar County. East of the interstate, clients in Seguin, Schertz, Cibolo, and Lockhart have access to the same level of representation through the firm’s Central Texas practice. The Hill Country offices in Fredericksburg extend coverage through Gillespie and Kerr Counties, while the Brenham office serves clients in Washington and Burleson Counties. The firm also handles matters in Bastrop, Caldwell, Gonzales, and Guadalupe Counties, covering the full geography of Central Texas family violence cases across county court and district court proceedings.

Speak with a Central Texas Family Violence Attorney Before Your Next Court Date

Decisions made in the early stages of a family violence case shape everything that follows. From how evidence is preserved to how the prosecution develops its theory to what options remain available for resolution, the work done in the first weeks of a case matters as much as anything that happens at a later hearing. A Central Texas family violence attorney at The Law Offices of David C. Hardaway will review the specific facts of your situation, explain what the charges actually mean for your life, and build a defense strategy based on the real record rather than assumptions. Contact the office to schedule a confidential consultation and get direct, honest answers about where your case stands.