Burleson County Family Violence Lawyer

A family violence charge in Burleson County can move from an overnight arrest to a permanent criminal record faster than most people expect. Texas treats these cases aggressively, and the machinery behind a prosecution starts turning before you ever speak to an attorney. Protective orders get issued, contact restrictions go into place, and prosecutors begin building their case while you are still trying to understand what happened. Having a Burleson County family violence lawyer involved from the earliest possible stage is not a formality. It is the difference between shaping what happens next and reacting to decisions already made for you.

Family violence cases in Burleson County carry consequences that extend well beyond jail time. A conviction, or even a deferred adjudication, can strip you of your right to possess a firearm under federal law, affect child custody arrangements, damage professional licenses, and follow you on background checks indefinitely. The stakes inside a Burleson County courtroom are not theoretical. They land hard on real people with jobs, families, and futures worth protecting.

The Law Offices of David C. Hardaway defends clients facing these charges throughout Central Texas, including Burleson County and the communities that surround it. Our approach is direct: we tell you what your situation actually looks like, we identify where the prosecution’s case is weakest, and we build a defense strategy around the specific facts of your arrest.

How Texas Defines Family Violence and Why It Matters for Your Defense

Texas law defines family violence broadly. It covers physical assaults and threats, but it also includes acts against current or former spouses, people you share a child with, household members, and people you are or were in a dating relationship with. The definition sweeps in situations that many people would not instinctively label as family violence, which means charges sometimes arise from incidents that feel far removed from what the law is designed to address.

Texas also has a “continuous family violence” statute that can turn multiple incidents into a third-degree felony even when individual acts would each only amount to a misdemeanor. Understanding exactly which statute prosecutors are working under matters from day one, because the elements they must prove, the evidence they will rely on, and the defenses available to you differ depending on the charge’s classification. A Burleson County family violence attorney who understands how these statutes actually operate in practice, not just on paper, builds a fundamentally different defense than one who treats all family violence cases as interchangeable.

One feature of Texas family violence law that catches many defendants off guard is that the alleged victim cannot simply “drop the charges.” The decision to prosecute belongs to the state, not to the complaining witness. Even when the person who called 911 recants, refuses to cooperate, or writes a letter asking the case to be dismissed, the prosecutor can continue pursuing the charge. Courts do not automatically treat a recantation as closing the case. This reality makes independent defense work, gathering evidence, identifying witnesses, and challenging the state’s case on its own terms, essential from the beginning.

Common Charges and Situations Our Family Violence Defense Covers

• Class A Misdemeanor Assault – Family Violence: The most common family violence charge in Burleson County, covering allegations of bodily injury or physical contact between family or household members; a conviction or even deferred adjudication here carries a family violence finding that affects firearms rights and future legal proceedings.
• Aggravated Assault – Family Violence: Elevated to a first or second-degree felony when a serious bodily injury or deadly weapon is alleged, these charges require the strongest possible response given the sentencing exposure involved.
• Continuous Family Violence: This felony charge applies when prosecutors allege two or more incidents involving the same household or family member within a twelve-month period, even without prior convictions, and is frequently used by prosecutors to leverage plea negotiations.
• Violation of a Protective Order: After a family violence arrest, emergency protective orders are issued automatically in Texas; any alleged contact that violates those terms becomes a separate criminal charge, compounding the original case significantly.
• Strangulation as a State Felony Offense: Texas law elevates assault to a felony when strangulation or suffocation is alleged, even without visible physical injury, making these cases especially difficult and especially important to defend with detailed forensic and medical evidence.
• False or Exaggerated Allegations: Family violence accusations sometimes arise in the context of divorce, custody disputes, or relationship breakdowns; our defense work includes a close examination of whether the allegations reflect the actual facts or whether other motivations are shaping the account.
• Magistrate’s Emergency Protective Orders: Issued at the magistrate hearing immediately following arrest, these orders restrict where you can go and who you can contact; challenging their scope or duration is sometimes a critical early step in the case.

What to Do After a Family Violence Arrest in Burleson County

After a family violence arrest in Burleson County, your first hearing will be before a magistrate judge, typically within 24 to 48 hours. That magistrate will set bail conditions and issue a protective order. Do not violate the protective order under any circumstances, even if the other party contacts you first. A violation creates a separate criminal charge and makes the original case significantly harder to defend.

Burleson County is served by the 21st Judicial District Court, which handles felony family violence cases, and the county court at law handles Class A misdemeanor matters. The Burleson County District Attorney’s office in Caldwell, Texas, handles prosecution. Knowing which court is handling your case and how that office approaches family violence matters is part of what a locally experienced defense attorney brings to the table from day one.

Preserve every form of communication that could be relevant. Text messages, voicemails, social media messages, and emails can all become important evidence. This cuts both ways. Anything you send after an arrest can be used against you, and communication that documents the other party’s version of events or contradicts their account can strengthen your defense. Do not delete anything, and do not send messages that could be characterized as contact in violation of a protective order.

Talk to no one about the facts of your case except your attorney. That includes friends, family members, and especially the complaining witness. Statements made to anyone can be introduced in court. People trying to be helpful by reaching out on your behalf can inadvertently create problems. The protective order in place after a Burleson County family violence arrest typically prohibits contact regardless of who initiates it, so third-party messages on your behalf can also trigger a violation charge.

Document anything that supports your account of what happened: photographs, witness names and contact information, records of where you were, medical records if relevant. Your attorney will want this information as quickly as possible because physical evidence degrades and witness memories fade. The sooner a defense attorney is building your case, the stronger that case can be.

Protective Orders, Custody, and the Collateral Consequences That Last Beyond the Case

A family violence charge rarely stays contained to the criminal case alone. If children are involved, the protective order issued after arrest can affect your access to them immediately, before any family court has weighed in. If a divorce or custody case is already pending in Burleson County, a family violence arrest will be introduced there as well. Prosecutors and family court judges operate in separate systems, but the facts travel between them.

A family violence finding, whether through a conviction or a deferred adjudication that results in a guilty plea, permanently prohibits you from possessing firearms or ammunition under federal law. For many people who hunt, work in law enforcement or a related field, or simply own firearms, this consequence is as serious as any jail sentence. That prohibition does not expire. It does not become eligible for removal after a waiting period the way some Texas criminal records do.

Professional licensing is another area where family violence findings create lasting damage. Nurses, teachers, attorneys, social workers, real estate professionals, and many others hold licenses governed by state boards that treat family violence convictions as grounds for disciplinary action or denial. If you hold a professional license or are working toward one, your defense strategy has to account for what happens at the licensing board level, not just in the courtroom.

Immigration status is a separate area of concern for non-citizens. A family violence conviction is generally categorized as a crime of domestic violence under federal immigration law, which carries deportation consequences and bars for admission and naturalization. If immigration is a factor, that must be part of the conversation with your attorney before any plea is entered.

Questions About Burleson County Family Violence Cases

Can the alleged victim drop a family violence charge in Texas?

No. Once law enforcement makes an arrest and the case is turned over to the prosecutor, the decision to continue or dismiss belongs to the state. The complaining witness can refuse to cooperate or express a desire not to pursue charges, and that position may influence how the prosecutor weighs the case, but it does not automatically close it. Prosecutors in Texas often proceed without the complainant’s cooperation, using 911 recordings, officer observations, photographs, and other evidence.

What is a magistrate’s emergency protective order and how long does it last?

In Texas, when someone is arrested for family violence, a magistrate is required to issue an emergency protective order at the first appearance. These orders typically last between 31 and 91 days depending on the circumstances, including whether a deadly weapon was alleged. Violating the order, even unintentionally, creates a separate criminal charge. You can request a hearing to modify the terms of the order through the court.

What is the difference between a Class A misdemeanor and a felony family violence charge in Texas?

Class A misdemeanor family violence typically involves a first offense where bodily injury is alleged but the injury does not meet the threshold for serious bodily injury and no deadly weapon was involved. These cases are heard in county court and carry up to one year in county jail. Felony family violence charges, including aggravated assault and continuous family violence, are prosecuted in district court and carry state prison sentences with ranges that depend on the degree of felony involved.

Does a deferred adjudication protect me from a family violence finding?

Not in the way many people assume. Under Texas law, a deferred adjudication in a family violence case still results in a finding that family violence occurred, even though you are not formally convicted. That finding triggers the federal firearms prohibition and can be used in future prosecutions as evidence of a prior family violence act. It also typically appears on background checks. Deferred adjudication in a family violence case requires careful evaluation of both the short-term benefit and the long-term consequences.

Can I get a family violence charge expunged or sealed in Texas?

Generally, no. Texas law significantly restricts the ability to seal or expunge family violence cases. If charges are dismissed and you were not placed on deferred adjudication, expunction may be available. But a deferred adjudication for family violence typically cannot be sealed through an order of non-disclosure. This is one reason why fighting the charge aggressively from the beginning, rather than accepting a plea to make the case go away, can be the better long-term decision.

What happens at the magistrate hearing after a family violence arrest in Burleson County?

The magistrate hearing in Burleson County is a brief proceeding that happens shortly after booking. The magistrate informs you of the charges, sets bail, and issues an emergency protective order. You are not typically expected to enter a plea or present a defense at this hearing. However, what is set at this hearing, including bail conditions and protective order terms, can significantly affect your daily life while the case is pending. Having an attorney present or available as early as this stage helps.

If my spouse and I reconcile, will the protective order be lifted?

Reconciliation does not automatically lift a protective order. You would need to file a motion with the court and appear at a hearing where the court considers whether the order should be modified or dissolved. Even if the protected person supports removing the order, the court has discretion over the outcome. Until a court formally modifies or lifts the order, its terms remain in effect regardless of the personal relationship between the parties.

Can a family violence charge affect my child custody case in Burleson County?

Yes. Texas family law presumes that a parent who has been found to have committed family violence should not have custody if it is not in the child’s best interest. A criminal charge alone does not constitute a finding, but a conviction or deferred adjudication creates a significant obstacle in any custody proceeding. Even while a criminal case is pending, the arrest itself can influence a family court judge’s temporary orders regarding conservatorship and access.

What if the incident involved mutual allegations, where both parties made claims against each other?

Dual arrests and competing allegations do occur in family violence cases, and they create their own complications. Each person charged must defend their own case separately. The existence of a competing claim can be relevant to your defense and may affect prosecutorial decisions, but it does not automatically result in both cases being dismissed. How the responding officers documented the scene, what each party said at the time, and what physical evidence exists all become critical factors in these situations.

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

Timeline varies based on the charge level and the posture of the case. Misdemeanor cases in county court can sometimes resolve within a few months if a plea is appropriate or if the case is dismissed early. Felony cases in the 21st Judicial District Court often take considerably longer, particularly if they proceed toward trial. Cases where the defense is actively litigating, filing motions, seeking discovery, and preparing for trial typically take longer but often produce better outcomes than cases that are resolved quickly on unfavorable terms.

Burleson County Family Violence Representation Across Central Texas

The Law Offices of David C. Hardaway handles family violence defense throughout Burleson County and the broader region. In Burleson County, we represent clients from Caldwell, Somerville, Snook, Lyons, and the surrounding rural communities that make up this largely agricultural county southeast of College Station. We also serve clients across the counties neighboring Burleson County, including Milam County to the north, Washington County to the south, and Lee County to the west. Our Washington County office in Brenham serves clients throughout that area and extends our reach throughout the Brazos Valley region.

Across Central Texas, our family violence defense practice covers clients in Hays County, including San Marcos, Kyle, and Buda; Caldwell County and Lockhart; Guadalupe County through Seguin and Schertz; Comal County in the New Braunfels area; and Williamson County serving the Round Rock and Georgetown corridor. We also handle cases in Bastrop County, Colorado County, Fayette County, and Lee County. Our Hill Country clients come to us from Fredericksburg, Kerrville, Llano, and the communities surrounding the Highland Lakes. Wherever the case is pending across Central Texas, we bring the same level of preparation and commitment to its defense.

Speak with a Burleson County Family Violence Attorney Before the Next Court Date

The decisions made in the first days of a family violence case in Burleson County often shape everything that follows. Bail conditions, protective order terms, what you say to investigators, and how early you begin gathering evidence all matter. Waiting to hire a Burleson County family violence attorney until things feel urgent means starting at a disadvantage that takes time and effort to recover from.

The Law Offices of David C. Hardaway is ready to work through the specifics of your situation directly and honestly. We handle cases across Burleson County and throughout Central Texas. Call our office today to schedule a confidential consultation with a family violence attorney who will give you a straight assessment of where you stand and what a real defense looks like for your case.