Round Rock Family Violence Lawyer
Family violence charges in Round Rock carry consequences that reach far beyond the criminal courtroom. A conviction, or even a deferred adjudication, can affect your right to possess a firearm, your standing in a divorce or custody case, your professional license, and your ability to remain in the United States if you are not a citizen. The charge gets attached to your name before anything is proven, and the system moves quickly once an arrest is made. Hiring a Round Rock family violence lawyer early in the process is not a luxury; it is the single most important decision you will make in your case.
Texas law defines family violence broadly. It covers assaults involving current or former spouses, dating partners, blood relatives, household members, and parents of a shared child. That means a shoving match between roommates who used to date, a heated argument between siblings, or an altercation involving an ex-partner who no longer lives with you can all result in a family violence charge. The label sticks regardless of the underlying facts, and prosecutors in Williamson County treat these cases aggressively.
The Law Offices of David C. Hardaway represents clients facing family violence charges in Round Rock and throughout Central Texas. This firm handles cases from the moment of arrest through trial, including the protective order hearings that often run alongside the criminal case. The goal is not just to manage the criminal charge but to protect every dimension of your life that a family violence finding can damage.
What a Round Rock Family Violence Attorney Actually Does in These Cases
The Law Offices of David C. Hardaway has built a practice around cases with high personal stakes, where the outcome affects not just criminal liability but a person’s family, career, and standing in the community. Clients who have worked with David Hardaway and his team describe the representation in consistent terms: direct communication, genuine attention to the facts of the case, and responsiveness when questions arise. One client noted that their case was dismissed rather than settled for a conviction, the result of thorough investigation and a team that believed in the client’s account. Another described how Hardaway and attorney Victoria worked through the details of a complex situation and explained every step of the process along the way.
Those qualities matter especially in family violence cases, where the charges are often built on a single witness’s account and the physical evidence is limited or ambiguous. Prosecutors sometimes pursue charges even when the complaining witness recants or expresses a desire to drop the matter, because Texas law does not require victim cooperation for the state to proceed. An attorney who understands how Williamson County prosecutors build and present these cases, and how the local courts handle protective order proceedings alongside the criminal docket, brings a practical edge that generic representation cannot replicate.
The firm serves clients across the I-35 corridor and throughout Central Texas, with offices in downtown San Marcos. Round Rock, located in Williamson County at the northern end of that corridor, falls squarely within the firm’s regular practice area. Familiarity with the courts, the local procedures, and the tendencies of the prosecutors handling these cases in Williamson County is not incidental; it is part of what a Round Rock family violence attorney from this firm provides.
Charges and Consequences That Come With a Family Violence Allegation in Williamson County
- Class A Misdemeanor Assault – Family Violence: The most common charge for a first alleged offense involving bodily injury, this carries potential jail time and a fine, but the collateral consequences, including a permanent notation of family violence on your criminal record, often matter more than the direct penalties.
- Felony Assault – Family Violence: If the alleged assault involved choking or strangulation, or if you have a prior family violence conviction, the charge can be elevated to a third-degree felony under Texas law, which carries a range of two to ten years in prison.
- Continuous Violence Against the Family: Texas statute creates a separate felony offense when two or more family violence assaults occur within a twelve-month period, even if neither individual act was previously charged or resulted in a conviction.
- Protective Orders: Following an arrest, the court typically issues a magistrate’s order for emergency protection, which prohibits contact with the complaining witness and sometimes bars you from your own home. A civil protective order hearing may follow, operating on a separate track from the criminal case, and violations carry their own criminal exposure.
- Federal Firearm Prohibition: A family violence conviction, including a misdemeanor conviction, triggers a federal firearms disability under the Lautenberg Amendment. This affects law enforcement officers, military personnel, hunters, and anyone who keeps a firearm for home protection.
- Child Custody and Divorce Impact: A family violence finding in any proceeding creates a statutory presumption in Texas family courts that it is not in the best interest of a child for the person who committed family violence to have sole or joint conservatorship. This presumption is significant and difficult to overcome.
- Immigration Consequences: For non-citizens, a family violence conviction can constitute a crime of domestic violence under federal immigration law, triggering removal proceedings and bars to naturalization regardless of how long the person has lived in the United States.
After an Arrest in Round Rock: What to Do and Where Your Case Goes
If you or someone you know has been arrested on a family violence charge in Round Rock, the first thing to understand is that the police report is not the final word on what happened. Officers responding to a domestic disturbance call are required under Texas law to arrest the person they believe to be the primary aggressor when they find evidence of injury. That determination is often made quickly, in a charged environment, and without hearing both sides of the story. The arrest is the beginning of the process, not the end.
After arrest, the case moves to Williamson County. The Williamson County Justice Center, located in Georgetown on Inner Loop Road, is where criminal cases originating in Round Rock are processed and heard. Misdemeanor family violence charges are handled in Williamson County’s County Courts at Law. Felony-level charges proceed to one of the District Courts. Protective order hearings, which run on their own schedule and follow civil procedure rules, are also heard in Georgetown, typically in district court. Knowing that you may be dealing with two separate legal proceedings simultaneously, a criminal case and a protective order case, is important from the outset.
The magistrate’s order for emergency protection issued at the time of arrest typically lasts 31 to 91 days, depending on whether a deadly weapon was alleged. During that period, contact with the protected person is prohibited, even if that person wants contact and even if you share a residence or children. Violating that order creates an entirely new criminal charge. The most common and damaging mistake people make in the days after a family violence arrest is attempting to reach out to the complaining witness to explain, apologize, or work things out. Do not do this. Any communication during this period, direct or through a third party, can be used against you and exposes you to additional criminal liability.
Gather documentation early. Text messages, call logs, emails, photographs, social media records, and any records that establish the context of the relationship or the events leading up to the arrest should be preserved immediately. Witnesses who were present or who have relevant knowledge of the relationship should be identified before memories fade. Your attorney will take it from there, but your early actions in preserving this information can make a meaningful difference in how the case unfolds.
How These Cases Actually Get Resolved, and What Changes the Outcome
Family violence cases in Williamson County do not all end the same way. Some are dismissed because the evidence is insufficient, the complaining witness recants and the state lacks independent corroboration, or the defense establishes a credible self-defense account. Some result in deferred adjudication, where a conviction is avoided if conditions are satisfied, though even deferred adjudication carries family violence findings that trigger many of the same collateral consequences as a conviction. Some go to trial, where the jury hears both sides and decides credibility questions that prosecutors often assume will go their way.
What changes the outcome is the quality of the investigation on the defense side. Officers responding to domestic calls write reports from one perspective. Security footage, neighbor accounts, medical records, and prior communications can all paint a more complete picture. Challenging the reliability of the state’s physical evidence, questioning whether injuries are consistent with the alleged mechanism, and carefully examining how the complaining witness’s account has changed over time are all legitimate and frequently successful defense strategies.
Self-defense is a recognized legal defense in Texas even in family violence cases. If you used force to protect yourself from the other person’s assault, that defense must be evaluated seriously and raised at the right points in the case. Defense of property and defense of a third person can also apply in some circumstances. Beyond defenses on the merits, procedural challenges to how the arrest was conducted, how evidence was gathered, or whether statements were taken in compliance with constitutional requirements can result in evidence being suppressed, which often shifts the entire trajectory of the case.
This is the work a Round Rock family violence attorney from this firm does: reviewing the record closely, identifying what the state can actually prove and what it cannot, and building the response around the facts as they actually exist rather than as they have been characterized in the initial report.
Questions About Round Rock Family Violence Cases
Can the state proceed with my case if the alleged victim doesn’t want to press charges?
Yes. Texas prosecutors can and do pursue family violence cases without victim cooperation. Once the state has an arrest and a police report, the decision to continue or drop charges belongs to the prosecutor, not the complaining witness. The state may subpoena the complaining witness to testify at trial and may use other evidence, including the officer’s observations, photographs of injuries, and recorded statements made at the scene, even if the complaining witness now refuses to participate.
What is the difference between a Class A misdemeanor and a felony family violence charge in Texas?
A standard first-offense family violence assault involving bodily injury is typically charged as a Class A misdemeanor. It becomes a felony, specifically a third-degree felony, if the assault involved impeding breathing or circulation (choking or strangulation), or if the defendant has a prior family violence conviction. A prior family violence deferred adjudication also factors into the enhancement analysis. Felony charges carry substantially higher penalties and have greater long-term consequences for employment and civil rights.
How does a family violence charge affect my ongoing custody or divorce case?
Texas family courts take family violence findings seriously. A finding that a parent has committed family violence creates a legal presumption against that parent having sole or joint managing conservatorship. Courts consider family violence in modifying existing orders as well. Even a charge that has not yet resulted in a conviction can influence a judge’s interim decisions about custody and visitation during a pending divorce. Managing both proceedings with coordinated legal strategy is important for anyone dealing with simultaneous family and criminal court matters.
What happens if I violate the protective order that was issued after my arrest?
Violating a magistrate’s order for emergency protection or a subsequent protective order is a separate criminal offense, typically a Class A misdemeanor on its own, and it can be elevated to a felony if certain aggravating circumstances apply. A violation also demonstrates to prosecutors and the court that you are not complying with court directives, which is harmful to your criminal defense and your standing in any related family law proceedings. No contact means exactly that, including messages sent through mutual friends or family members.
Can a family violence conviction be expunged from my record in Texas?
A family violence conviction cannot be expunged in Texas. Even deferred adjudication for a family violence offense cannot be sealed through a petition for nondisclosure under Texas law; family violence offenses are specifically excluded from the nondisclosure process. This makes the outcome of the original case enormously consequential. An acquittal or a dismissal may be eligible for expunction, which is one of many reasons why the resolution of the criminal case matters so much more than people sometimes assume when they are under pressure to accept a quick plea.
Will I lose my job if I’m charged with family violence in Round Rock?
It depends heavily on your employer and your profession. Jobs that require a security clearance, positions in law enforcement or the military, healthcare licenses, teaching certificates, and financial industry registrations are all subject to reporting and review requirements that can be triggered by a family violence arrest or conviction. Employers in private industry vary in how they respond. The most significant risk in most cases is not the arrest itself but a conviction or deferred adjudication finding, which is why how the case resolves matters more than the fact that a charge was filed.
Does self-defense work as a defense in a family violence case in Texas?
Self-defense is a fully recognized defense in Texas, including in cases charged as family violence. Texas law permits a person to use force to protect themselves from another person’s use or attempted use of unlawful force, and the level of force used must be proportionate to the perceived threat. In practice, self-defense arguments in family violence cases often involve competing accounts of who was the aggressor. Physical evidence, the location and nature of injuries, prior history between the parties, and witness testimony all bear on how persuasive a self-defense claim will be to a jury or in plea negotiations.
How long does a family violence case typically take to resolve in Williamson County?
Misdemeanor family violence cases in Williamson County can sometimes resolve within a few months if a plea agreement is reached early, but contested cases or those requiring significant investigation can take considerably longer. Felony cases that proceed toward trial routinely take a year or more from arrest to resolution. The timeline depends on case complexity, court docket conditions, the strength of the evidence, and whether plea negotiations are moving productively. Rushing to a resolution that does not serve your interests is rarely worth the time saved.
What if both parties were involved in the altercation and I was also injured?
Texas law requires officers to identify the primary aggressor when both parties have injuries. The person identified as the primary aggressor is arrested; the other is not, regardless of whether both parties contributed to the altercation. If you were injured and believed you acted in self-defense, those facts need to be documented and presented through your legal defense. Photographs of your injuries, medical records, and witness accounts all help establish what actually occurred and who initiated the use of force.
Can a family violence charge affect my immigration status even if I’m a lawful permanent resident?
Yes. Under federal immigration law, a crime of domestic violence is a deportable offense for non-citizens, including lawful permanent residents. Texas family violence assault offenses can qualify as crimes of domestic violence or crimes of moral turpitude under federal immigration statutes, depending on how the conviction is structured. Even a misdemeanor conviction can have immigration consequences. Anyone who is not a U.S. citizen and is facing a family violence charge should ensure their criminal defense attorney is aware of this dimension of the case so that immigration impact is considered in every phase of the defense strategy.
Round Rock Family Violence Defense for Clients Across Williamson County and Beyond
The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Round Rock and the surrounding communities of Cedar Park, Pflugerville, Hutto, Georgetown, Taylor, Leander, Liberty Hill, and Brushy Creek. The firm also handles cases for clients in the north Austin communities of Wells Branch, Jollyville, and Milwood that fall within Williamson County jurisdiction, as well as for clients in Jarrell, Georgetown Plateau, and the growing residential areas developing along Highway 29 and Ronald Reagan Boulevard. To the south, the firm serves clients whose cases move between Travis and Williamson County courts, covering areas from North Loop neighborhoods down toward the Domain and into the Rundberg corridor. East of Round Rock, the firm represents clients from Hutto, Taylor, and the agricultural communities along Highway 79. Whether the case involves a felony charge in Georgetown District Court or a misdemeanor proceeding at the Williamson County Justice Center, this firm’s representation covers the full scope of what clients across this region face.
Talk to a Round Rock Family Violence Attorney Before You Make Any Decisions
A family violence charge is not a situation where waiting is safe. The criminal case is moving, a protective order may already be in place, and any statements you make without legal guidance can be used against you. The Law Offices of David C. Hardaway takes these cases seriously because the stakes for clients are real: your freedom, your relationship with your children, your career, and your immigration status can all turn on how this case is handled. Contact the firm to schedule a confidential consultation with a Round Rock family violence attorney who will review the facts of your situation honestly and tell you exactly where you stand.