Kendall County Family Violence Lawyer

A family violence charge in Kendall County carries weight that follows you long after the arrest. It affects where you can live, whether you can own a firearm, how custody of your children gets decided, and what employers see when they run a background check. The criminal charge is only part of the problem. The protective order, the CPS contact, the civil consequences, the professional licensing implications – all of it arrives fast, often before you have had a chance to speak with anyone who can help. If you are dealing with a Kendall County family violence lawyer search right now, you already understand that this situation requires serious legal attention from someone who knows how these cases actually unfold in Boerne and the surrounding courts.

Family violence cases in Texas are prosecuted differently from other assault matters. Law enforcement in Kendall County is trained to make arrests in domestic disturbance calls, often based on very little evidence. The alleged victim’s wishes can become almost irrelevant once the system gets moving. Charges do not simply go away because the complaining witness changes their mind or does not want to cooperate. Prosecutors pursue these cases independently, and the results can include conviction, deferred adjudication, or a family violence finding that attaches to your record permanently under Texas law.

At The Law Offices of David C. Hardaway, we represent people charged with family violence offenses across Central Texas, including Kendall County. We understand the speed at which these cases move and what is actually at stake for clients who need their record, their relationships, and their future protected. What follows is what you should know before your next court date.

What Family Violence Cases in Kendall County Actually Look Like

• Assault Family Violence – Class A Misdemeanor: The most common charge, covering allegations of bodily injury caused to a household member, family member, or dating partner. Even minor contact that causes pain can support a misdemeanor charge under Texas law, and a conviction carries a family violence finding that cannot be expunged.
• Assault Family Violence – Felony Enhancement: A second family violence conviction, or a first offense involving strangulation or suffocation, elevates the charge to a third-degree felony. Prior family violence findings from other states can also trigger felony-level prosecution in Texas courts.
• Continuous Violence Against the Family: A specific Texas offense covering two or more incidents of family violence within a 12-month period, even if neither incident resulted in a prior arrest. This charge is a third-degree felony on its own and requires no prior conviction.
• Protective Order Violations: A magistrate or judge can issue an emergency protective order at the time of arrest. Violating that order – including contact that the protected person initiates – becomes a separate criminal charge. These violations are prosecuted seriously in Kendall County courts.
• Dating Violence Allegations: Texas family violence laws apply to dating relationships even without cohabitation. College-age clients in and around Boerne who face accusations from current or former partners are subject to the same arrest procedures and the same permanent record consequences as married couples.
• Family Violence and Child Custody: A family violence finding in a criminal case creates a rebuttable presumption under Texas family law that the convicted person should not have sole or joint managing conservatorship. This is one of the less-discussed consequences that can reshape custody arrangements for years.
• CPS Involvement: When children are present in the home during an alleged incident, Child Protective Services may open an investigation parallel to the criminal case. Navigating both processes simultaneously requires coordinated strategy, not separate responses handled in isolation.

Why The Law Offices of David C. Hardaway for Family Violence Defense in Kendall County

David Hardaway and his team defend clients throughout Central Texas, including Kendall County, across the full range of criminal charges, from misdemeanor assault to serious felonies. The firm handles cases in the county and district courts serving Boerne, Comfort, Fair Oaks Ranch, and the surrounding communities, and the team brings the same level of preparation to every case regardless of the charge level. Clients who have worked with the firm describe an attorney who communicates directly, returns calls, and treats each case as something that genuinely matters rather than one file among hundreds.

Client reviews reflect a consistent pattern: responsive contact when it counts, straight talk about realistic outcomes, and representation that actually investigates rather than pushing early plea agreements. Former client Jason K. described having a team that “listened, investigated, and thoroughly believed in me,” resulting in a dismissal rather than a conviction. That approach matters in family violence cases specifically because these charges are frequently built on accounts that are incomplete, contradicted by evidence, or shaped by dynamics the police report does not capture. The firm’s willingness to dig into the specifics – witness statements, body camera footage, prior communications, medical records – is what separates cases that get resolved favorably from cases that simply get processed through the system.

What to Do After a Family Violence Arrest in Boerne

The hours immediately after an arrest in Kendall County are consequential. The Kendall County Sheriff’s Office and Boerne Police Department both respond to domestic disturbance calls and make arrests before any independent investigation takes place. If you were arrested, you were likely brought to the Kendall County Jail at 120 W. Blanco Road in Boerne. A magistrate will have set conditions of release, which almost certainly include a no-contact provision with the alleged victim and possibly a requirement that you leave the shared residence. Violating those conditions before you even speak with an attorney is one of the fastest ways to make a difficult situation worse.

Your first call should be to a family violence attorney who practices in Kendall County courts. The 216th Judicial District Court handles felony-level cases in Kendall County, and the County Court at Law handles Class A misdemeanor assault family violence charges. Both courts move these dockets on a schedule, and deadlines for pretrial matters accumulate quickly. An attorney who already knows the prosecutors, the court procedures, and the local evidentiary standards is not a luxury – it is a practical necessity in a county where the docket is smaller and professional relationships affect how cases get resolved.

Do not provide additional statements to law enforcement without counsel present. Do not contact the complaining witness, even if they are reaching out to you. Do not post anything on social media related to the incident, your charges, or your relationship with the alleged victim. Each of these actions creates evidentiary problems that can outlast the original charge. Gather any documentation you have access to – text messages, emails, photographs, voicemails, or anything else that captures the context of the relationship and the specific incident. Your attorney needs that material early.

If a protective order has been entered, review it carefully with your attorney before taking any action. Emergency protective orders issued at the time of arrest in Kendall County typically last for a set period, after which the alleged victim or the state may seek a longer-term order through the civil courts. That civil proceeding is separate from the criminal case but directly related to it, and your conduct during the criminal process will affect the civil hearing.

How Texas Law Shapes These Cases and What Changes the Outcome

Texas law defines family violence broadly. It includes acts by one family or household member against another, acts between people in a dating relationship, and actions that a reasonable person would regard as intended to cause fear of bodily injury. The definition extends to siblings, former spouses, biological parents of the same child, and people who share a dwelling regardless of romantic involvement. That breadth means the charges reach further than most people initially expect.

One of the more consequential aspects of Texas family violence law is the family violence finding itself. Even when a case resolves through deferred adjudication – a disposition that allows a defendant to avoid a conviction – a family violence finding attaches to the record. Unlike most deferred adjudication outcomes in Texas, family violence deferred adjudication cannot be sealed or expunged. That distinction matters enormously for clients who care about employment, professional licensing, or future legal proceedings. An attorney who does not understand that distinction may negotiate a resolution that feels like a win but creates permanent consequences the client did not anticipate.

The affirmative defense of self-defense applies in family violence cases just as it does in other assault matters. Texas law permits the use of force when a person reasonably believes it is necessary to protect themselves against another’s use or attempted use of unlawful force. Defense of a third person, including a child, is also available. These defenses require factual development – reconstructing the incident through all available evidence – which is why early investigation matters. Evidence deteriorates, witnesses’ memories change, and surveillance footage gets overwritten. The earlier a family violence attorney in Kendall County gets involved, the more options remain available.

Recantation by the alleged victim does not automatically end a prosecution. Texas prosecutors treat family violence cases as state matters and have tools to continue a case even when the complaining witness refuses to cooperate, including subpoenaing them to testify. The prior inconsistent statement doctrine and the excited utterance exception to hearsay rules allow prosecutors to use statements made at the time of the incident even when the witness later changes their account. Understanding how prosecutors will construct a case without victim cooperation is essential to building a defense that addresses the actual evidence rather than assuming the case will collapse on its own.

Questions People Ask a Kendall County Family Violence Attorney

Can the charge be dropped if the alleged victim does not want to press charges?

Not automatically. In Texas, the decision to pursue or dismiss a family violence charge belongs to the prosecutor, not the alleged victim. Prosecutors can and do continue cases over the objection of the complaining witness. The victim’s cooperation affects the strength of the state’s case, but it does not control whether charges move forward.

What happens if both people involved were injured during the incident?

Texas law allows for dual arrests in domestic disturbance situations, though it discourages them. If both parties have injuries or both claim the other was the aggressor, law enforcement typically identifies a “primary aggressor” based on the severity of injuries, prior history, and other factors. Both parties can theoretically be charged, and sorting out mutual allegations requires careful attention to the evidence on both sides.

Will a family violence charge affect my gun rights?

Yes, significantly. A conviction for assault family violence – even a Class A misdemeanor – triggers a federal firearms prohibition under the Lautenberg Amendment. This prohibition is lifetime and applies to possession, not just purchase. Clients in law enforcement, military, or other professions where firearm possession is required should understand this consequence before accepting any plea that includes a family violence finding.

Can I be convicted based only on the alleged victim’s testimony?

Legally, yes. Texas does not require corroborating evidence to support a family violence conviction if the jury finds the complaining witness credible. However, uncorroborated testimony is also challengeable, and cases that rely entirely on a single account are often the ones where cross-examination, inconsistencies in prior statements, and evidence of the relationship’s dynamics have the greatest impact on the outcome.

How long does a family violence case take in Kendall County courts?

Misdemeanor cases in the Kendall County Court at Law typically move within several months to a year depending on the complexity of the case and the court’s docket. Felony cases in the 216th District Court can take longer, particularly if pretrial motions are filed or if the case is set for trial. The timeline is affected by the strength of the evidence, the cooperation of witnesses, and whether the defense is pressing litigation or negotiating toward a resolution.

What is the difference between a criminal protective order and an emergency protective order in Kendall County?

An emergency protective order is typically issued by a magistrate at the time of arrest, often without a hearing. It is temporary and automatically expires after a set number of days. A criminal protective order is issued by a judge as part of the criminal proceedings and can last significantly longer, sometimes for the duration of a deferred adjudication period or beyond. Understanding which type is in place and its specific terms is critical before taking any action.

Does deferred adjudication resolve a family violence charge without consequences?

Not in the way it does for most other charges. Texas law specifically prevents deferred adjudication in family violence cases from being expunged or sealed under an order of nondisclosure. The family violence finding still attaches to the record, appears in background checks, and can be used to enhance future charges. Deferred adjudication avoids a formal conviction but does not produce a clean record. This is one of the most important distinctions a family violence attorney can explain before a client accepts a plea offer.

Can a family violence arrest affect a custody case that is already pending?

Yes, and the effect can be immediate. Texas courts take family violence findings seriously in custody determinations. If a protective order is entered as part of the criminal case, it may directly limit a parent’s access to the children. A family violence conviction or finding creates a statutory presumption against that parent having managing conservatorship. The criminal defense strategy and any pending family law matter need to be handled with awareness of each other, not in separate silos.

What if I was falsely accused during a contentious divorce or custody dispute?

False allegations do occur in the context of contentious family litigation, and the circumstances of an accusation – including its timing relative to custody or divorce proceedings – are relevant to the defense. Demonstrating motive to fabricate requires investigation into the family law history, communications between the parties, and any documentation that contradicts the alleged victim’s account. This kind of context does not come out on its own; it has to be developed and presented deliberately.

Is it possible to get a family violence charge reduced to a non-family-violence assault?

In some cases, yes. Prosecutors have discretion to amend charges, and a disposition that removes the family violence finding can be negotiated in appropriate circumstances. Whether that is possible depends on the facts of the specific case, the prosecutor’s office, and the strength of the defense. This outcome is not available in every case, but it is one that experienced family violence defense attorneys pursue actively when the record supports it.

Representing Family Violence Defendants Across Kendall County and Central Texas

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout Kendall County, including those who were arrested in Boerne, Comfort, Welfare, Waring, Fair Oaks Ranch, and the unincorporated communities throughout the county. Clients come to us from neighborhoods along Interstate 10, from the Hill Country communities west of Boerne toward Comfort, and from the growing residential areas along Highway 46 and in the Fair Oaks Ranch corridor. We also handle family violence cases in neighboring Bexar County to the south, Comal County to the east toward New Braunfels, Kerr County to the northwest, and Bandera County to the west. Our reach extends to Hays County in San Marcos, Guadalupe County in Seguin, and east through Caldwell and Gonzales Counties. Clients in Gillespie County near Fredericksburg are also served from our Hill Country office. Whether the arrest happened after a Boerne Police Department response or a Kendall County Sheriff’s call, we handle cases from first appearance through trial.

Talk to a Kendall County Family Violence Attorney Before Your Next Court Date

A family violence attorney serving Kendall County clients can make a measurable difference in how these cases are resolved, and that difference is greatest when counsel gets involved early. Waiting until the day of your next court appearance leaves less room to investigate the facts, challenge the evidence, or negotiate from a position of preparation. The Law Offices of David C. Hardaway handles these cases with the same thorough preparation clients describe in their reviews – direct communication, real investigation, and honest assessment of what is possible. Contact our office to schedule a confidential consultation and speak with a Kendall County family violence attorney who will give you a straight answer about where you stand and what your options are.