Travis County Family Violence Lawyer

A family violence charge in Travis County carries weight that extends far beyond the courtroom. The moment law enforcement responds to a domestic disturbance call, a chain of events begins that can affect where you live, whether you see your children, what happens to your job, and how you are treated under Texas law for years to come. A Travis County family violence lawyer is not just someone who shows up for a hearing. This is the person who decides how the evidence gets challenged, whether a protective order can be modified, how the case gets framed before a jury or a judge, and what your life looks like on the other side of this.

Texas law treats family violence allegations seriously from the first call. Prosecutors in Travis County have dedicated units that handle these cases, and they are trained to pursue charges even when the alleged victim does not want to cooperate. Recantations do not automatically result in dismissal. The state can proceed on its own evidence, including officer observations, photographs, recorded calls, and medical records. That reality makes early legal intervention, before charges are even filed, one of the most important decisions you can make.

At The Law Offices of David C. Hardaway, we represent people charged with family violence offenses throughout Travis County and the surrounding region. We do not offer vague reassurances. We review the evidence, identify where the prosecution’s case is weak, and build a defense around facts. If you have been arrested or believe charges are coming, the time to act is now.

What Family Violence Charges in Travis County Actually Cover

• Assault Family Violence (Class A Misdemeanor): The most common charge in domestic cases, involving alleged bodily injury or offensive physical contact between household members, partners, or family members under Texas Penal Code definitions. A conviction becomes a permanent part of your record and cannot typically be expunged.
• Felony Family Violence (Third Degree and Above): Prior family violence convictions or the use of a weapon can elevate a charge to felony status, dramatically increasing potential prison exposure and collateral consequences including loss of firearm rights.
• Strangulation or Suffocation Charges: Texas law separately addresses impeding the breathing or circulation of a family or household member, which elevates what might otherwise be a misdemeanor assault into a felony. These charges carry severe penalties and are prosecuted aggressively in Travis County.
• Continuous Violence Against the Family: This charge applies when two or more family violence assaults occur within a twelve-month period. It is a third-degree felony regardless of whether either underlying incident was previously prosecuted or resulted in conviction.
• Violation of a Protective Order: An emergency protective order issues automatically at arrest in most family violence cases in Texas. Violating any condition of that order is a separate criminal offense and can result in additional charges while the underlying case is still pending.
• Child-Present Assault: Under Texas law, the presence of a child during a family violence offense is a factor that prosecutors use to pursue enhanced charges. It also affects family court proceedings separately from the criminal case.
• Dating Violence Charges: Texas extends family violence protections to current and former dating partners. College students in Austin and around the UT campus area are frequently involved in dating violence cases that proceed through Travis County courts.

What to Do After a Family Violence Arrest in Travis County

The first and most consequential step is not hiring a lawyer. It is saying nothing. After an arrest, anything you say to officers, to your partner, to family members, or on a recorded jail phone call can and will be used against you. Travis County prosecutors review jail call recordings routinely in domestic cases. Do not attempt to contact the alleged victim, even to apologize or explain. Contact with a protected person violates the terms of the emergency protective order and creates a second criminal case on top of the first.

Family violence cases in Travis County are heard at the Travis County Criminal Justice Center at 509 West 11th Street in Austin. Magistrate hearings occur within 24 to 48 hours of arrest, at which point the protective order conditions and bond are addressed. Your attorney can appear at the magistrate hearing to advocate for modified bond conditions, including the ability to return to your own home if the alleged victim does not object or does not reside there.

Gather what you can document early. Text messages, call logs, emails, photographs of injuries or the lack of them, and witness contact information all matter. Social media posts from the night in question, security camera footage, and Ring or Nest doorbell recordings can disappear quickly. The Travis County District Attorney’s Family Violence Unit moves forward on these cases without delay, and your attorney needs to be moving at the same pace.

Do not assume that because the alleged victim wants to drop the charges, the case will go away. In Texas, the state is the complainant in a criminal case. The Travis County District Attorney can and does proceed over the objection of the person who called police. Your attorney’s job is to address the state’s evidence directly, not to rely on the cooperation or recantation of anyone else. If a protective order has been issued and you share custody of children, your family law situation becomes intertwined with the criminal case, and both need to be addressed with care.

How Travis County Prosecutors Build These Cases

The Travis County District Attorney’s Office has dedicated staff for family violence prosecution. They do not simply wait for a complaining witness to show up and testify. Officers are trained to document observations at the scene, including signs of physical altercations, emotional distress, and statements made under the stress of the moment. Those statements, captured in body camera footage, are often admitted as excited utterances under an exception to hearsay rules, even when the person who made them does not want to testify.

Medical records from any treatment at St. David’s Medical Center, Ascension Seton Medical Center, or any Austin-area emergency room or urgent care clinic can become exhibits in the case. Photographs taken by officers at the scene or later by investigators carry significant evidentiary weight. In cases involving strangulation, the state often calls medical experts to testify about injuries that may not be immediately visible. A Travis County family violence attorney who understands how this evidence is gathered and presented is in a position to challenge it effectively, not generically.

Affirmative defenses are available and can be explored depending on the facts. Self-defense, defense of a third person, and lack of intent to cause bodily injury are all potential avenues depending on what the evidence actually shows. Fabricated or exaggerated allegations do occur, and cross-examination of the complaining witness at trial is a primary tool for exposing inconsistencies. Plea negotiations in these cases can result in deferred adjudication, which may preserve the ability to seek a non-disclosure of the charge later, or to a reduced charge that does not carry the family violence finding. That finding matters because it triggers the federal firearms prohibition and has consequences in any subsequent family court proceeding.

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

David Hardaway and his team have represented clients across Central Texas in serious criminal matters, including assault and violent crime allegations at every level. Clients describe the firm as responsive, direct, and detail-oriented. Jason K. noted that his case was dismissed rather than resolved by conviction because the team investigated thoroughly and believed in him. Colleen D. described the firm’s representation of her son as professional, knowledgeable, and genuinely caring about the outcome. Edward G. described a complex case that ended in his favor because of the work put in on his behalf.

Those qualities matter in a family violence case specifically because the work happens before the hearing as much as in it. Reviewing body camera footage frame by frame, tracking down witnesses before they become unavailable, identifying problems in how an emergency protective order was issued, and understanding the local practices of Travis County courts all require sustained attention from people who treat each case as consequential. That is the standard at this firm. The firm serves Travis County from its San Marcos office and handles cases throughout Austin and the surrounding region as part of a broader Central Texas practice that spans multiple counties and courts.

Questions About Family Violence Cases in Travis County

Can the alleged victim drop family violence charges in Texas?

The alleged victim cannot unilaterally drop charges because the state of Texas, through the Travis County District Attorney, is the prosecuting party. The victim can communicate to prosecutors that they do not wish to proceed, and that carries weight, but it does not automatically result in dismissal. Prosecutors in Travis County regularly move forward with available evidence when they believe they can prove the case.

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

In Texas, an emergency protective order is issued by a magistrate at or shortly after arrest in family violence cases. It typically lasts between 31 and 91 days depending on the circumstances. It prohibits contact with the protected person and may require you to vacate a shared residence. Violating the order is a separate criminal offense. Your attorney can petition to modify the order under certain circumstances.

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

Yes, significantly. A family violence conviction or even a deferred adjudication creates a rebuttable presumption under Texas family law that awarding sole or joint custody to the person found to have committed family violence is not in the child’s best interest. This makes the criminal case directly relevant to any pending or future family court proceedings in Travis County courts.

Does a family violence conviction affect my right to own a firearm?

Under federal law, a conviction for a qualifying misdemeanor crime of domestic violence permanently prohibits possession of firearms and ammunition. This applies to Texas family violence assault convictions. The prohibition does not expire and cannot be restored through state processes. This is one of the reasons why the resolution of the charge, and specifically whether a family violence finding is included, matters so much.

What is a family violence finding and why does it matter?

When a court accepts a plea or enters a conviction in a family violence case, it may enter an affirmative finding of family violence in the judgment. This finding carries consequences beyond the sentence itself. It triggers the federal firearms prohibition, affects future family court proceedings, can enhance future criminal charges, and disqualifies the person from having the offense sealed or expunged in Texas. Negotiating whether this finding is included in a plea resolution is one of the most important discussions in these cases.

Can a family violence charge be expunged or sealed in Texas?

Cases that were dismissed or resulted in a not guilty verdict may be eligible for expunction. A deferred adjudication in a family violence case presents a more complicated picture. Texas law generally restricts non-disclosure orders for offenses involving family violence, meaning that even a successfully completed deferred adjudication may not be eligible for sealing. This is another reason why the initial charge resolution strategy matters so much, and why it should be discussed with a Travis County family violence attorney before any plea is entered.

What happens if both people involved call the police during the same incident?

In Texas, officers responding to a mutual call are required to identify the primary aggressor rather than arresting both parties. Officers consider factors such as the severity of injuries, prior history of family violence, and any statements made at the scene. However, dual arrests do occur. When both parties have been arrested, each case proceeds separately, and the facts developed in one can affect the defense strategy in the other.

How does being charged with family violence affect my immigration status?

A family violence conviction can have serious immigration consequences for non-citizens. Federal immigration law treats crimes involving domestic violence as a basis for removal and can render a person inadmissible or deportable. Even a guilty plea to a lesser charge needs to be evaluated for immigration impact before it is accepted. Anyone who is not a U.S. citizen should specifically raise this issue with their criminal defense attorney before any resolution is agreed to.

What happens to a family violence case if the alleged victim later recants?

Recantation does not automatically end a prosecution. Prosecutors and judges are trained to be skeptical of recantations in domestic cases and often view them as the result of pressure from the defendant or continued involvement in the relationship. The recanting witness may still be subpoenaed to testify. If their trial testimony conflicts with statements made to officers at the scene, prosecutors may use the prior statements to impeach their credibility. A recantation is one factor among many, not a case-ending event.

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

Misdemeanor family violence cases in Travis County can move relatively quickly if the facts are straightforward and the parties reach a resolution, sometimes within a few months. Contested cases that proceed to trial take longer, often a year or more depending on court scheduling and the complexity of the evidence. Felony cases take longer still and involve grand jury proceedings before a case reaches the trial stage. Your attorney should be able to give you a realistic timeline based on the specific court and judge assigned to your case.

Travis County Family Violence Defense Across Greater Austin

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Travis County and the surrounding region. In Travis County itself, the firm handles cases for clients in Austin, from neighborhoods and communities including East Austin, South Congress, Hyde Park, Barton Hills, Mueller, Brentwood, Crestview, Wells Branch, Pflugerville, Manor, Elgin, and Lago Vista. The firm also serves clients in Cedar Park, Leander, and Round Rock in Williamson County to the north, as well as Buda and Kyle in Hays County to the south. For clients in the Georgetown area and through Bastrop County eastward, the firm’s Central Texas footprint means representation is available across a broad corridor. West of Austin through the Hill Country communities of Bee Cave, Lakeway, and into Burnet County, the firm’s reach extends to clients who may have limited access to Austin-based counsel. Whether the charges arise in the Austin municipal courts, the Travis County courts at the Criminal Justice Center on 11th Street, or in any of the surrounding county courts, the firm provides the same level of focused representation.

Contact a Travis County Family Violence Attorney at The Law Offices of David C. Hardaway

A family violence accusation puts everything on the line at once: your freedom, your relationship with your children, your housing situation, your career, and your rights as a citizen. The Law Offices of David C. Hardaway has represented clients through serious criminal charges across Central Texas and knows what it takes to build a real defense in these cases. Direct answers, thorough investigation, and disciplined case preparation are what clients at this firm receive. If you need a Travis County family violence attorney who will review the facts honestly and work toward the strongest possible outcome, contact the firm today to schedule a confidential consultation.