Burnet County Family Violence Lawyer

A family violence charge in Burnet County carries weight that extends far beyond the courtroom. A conviction, or even a deferred adjudication, can strip you of the right to possess firearms, affect your standing in a custody dispute, follow you through background checks for decades, and show up on your record in ways that close doors you never expected to lose. If you have been accused of family violence anywhere in the Burnet County area, including Marble Falls, Burnet, Llano, or the surrounding Hill Country communities, the decisions you make in the coming days will shape what the rest of your life looks like. That is not an exaggeration. That is how this area of Texas criminal law works.

At The Law Offices of David C. Hardaway, we represent people accused of family violence in Burnet County and throughout the Highland Lakes region. We know these courts, we understand how local prosecutors approach these cases, and we have seen firsthand how a charge that feels straightforward to dismiss can spiral into a conviction if it is not handled carefully from the start. Our clients get direct communication, honest assessments, and defense strategies built specifically around their situation, not a one-size answer applied to every file that comes through the door.

Texas family violence law is specific about what qualifies as a “family member” or “household member,” which means the charge can apply to situations involving spouses, dating partners, former partners, roommates, parents, children, and other relatives. Whether you are dealing with a misdemeanor assault charge or a felony indictment with prior offense enhancements, the legal path forward depends on the details of your case. That is where having the right Burnet County family violence attorney makes a concrete difference.

What Family Violence Charges Actually Cover in Texas

• Assault causing bodily injury to a family member: This is the most commonly charged form of family violence in Burnet County and is typically prosecuted as a Class A misdemeanor for a first offense, though prior convictions or aggravating factors can elevate it to felony status under Texas law.
• Continuous violence against the family: Texas law allows prosecutors to charge someone with a third-degree felony when there are two or more assaultive incidents against a family or household member within a twelve-month period, even if neither individual incident resulted in an arrest or conviction.
• Aggravated assault involving a family member: When a deadly weapon is alleged or serious bodily injury results, the charge can escalate to a first or second-degree felony, carrying potential prison sentences that require immediate, serious defense work.
• Assault by strangulation or suffocation: Texas law treats strangulation of a family or household member as a felony, regardless of injury level, because courts recognize it as a particularly dangerous pattern of conduct. This charge often surprises defendants who expected a misdemeanor.
• Violation of a protective order: After an arrest, courts routinely issue emergency protective orders. Violating those conditions, even in ways that seem minor like a text message, becomes a separate criminal charge that compounds an already difficult situation.
• Dating violence charges: Texas’s family violence statutes cover current and former dating partners, which means roommates, significant others, and past relationships all fall within the statutory definition. This broader scope catches many people off guard.
• False or exaggerated allegations: Not every family violence charge reflects what actually happened. Disputed accounts, calls made during contentious divorces or custody fights, or situations where both parties were involved in a mutual altercation all present defense opportunities that need to be identified quickly before evidence disappears.

Why The Law Offices of David C. Hardaway for a Burnet County Family Violence Case

David Hardaway and his team have built a criminal defense practice that spans a wide swath of Central Texas, including the Highland Lakes area and Burnet County. Clients and former clients have described the firm with words like “honest,” “hard-working and responsive,” and “their attention to detail is unsurpassed.” Those are not incidental qualities in a family violence defense. These cases move quickly, evidence disappears fast, and the margin for error is narrow. You need a defense attorney who picks up the phone, who actually investigates the facts rather than steering you toward an early plea, and who knows when to push back hard against a charge that does not match the evidence.

The firm’s reach across Central Texas is substantive. The Llano area and surrounding Highland Lakes communities are part of the firm’s regular practice geography, and that local familiarity matters when you are facing charges in Burnet County courts. Knowing how local prosecutors approach family violence cases, what evidence they prioritize, and how judges in these jurisdictions handle pre-trial matters gives this firm a tactical foundation that a general practice attorney from outside the region simply cannot replicate. Clients have noted that the firm “investigated and thoroughly believed” in their cases, which led to dismissals rather than convictions. That kind of commitment to actually building a defense, rather than managing a disposition, is what changes outcomes.

If You Have Been Arrested for Family Violence in Burnet County, Here Is What Matters Now

The first thing to understand is that once a family violence arrest happens in Burnet County, the case belongs to the state, not to the alleged victim. Prosecutors in Texas can, and often do, pursue charges even when the person who called 911 later decides they do not want to cooperate or wishes the charges would go away. A request from the complainant to drop the case rarely ends the prosecution on its own. This is one of the most consequential misunderstandings people have about family violence cases, and it shapes everything about how you should approach your defense from day one.

After an arrest, a magistrate will typically issue an emergency protective order before you are even released from custody. This order will specify who you cannot contact and where you cannot go. Violating it, even accidentally, adds charges. Read it carefully, keep a copy, and contact a Burnet County family violence attorney before you make any decisions about reaching out to anyone involved in the incident.

Cases in Burnet County are processed through the Burnet County District Attorney’s office and the courts located in Burnet, which is the county seat. Misdemeanor family violence cases are handled in the Burnet County Court at Law, while felony charges proceed through the district courts. Knowing which court your case is assigned to, what the local docket schedule looks like, and who is handling prosecution on the case are all details your attorney needs to gather immediately. Do not wait for a court date to start building your defense.

Document everything you can remember about the incident while it is still fresh, including who was present, what was said, what happened in the hours leading up to the call, any prior history between you and the other party, and any injuries or property damage you observed. Text messages, call logs, photographs, social media activity, and witness contact information can all become critical later. Do not destroy anything, but do secure what you have and share it with your lawyer. A common mistake people make is assuming that because they “know what happened,” the evidence will take care of itself. It does not. Evidence needs to be gathered, preserved, and presented with a clear narrative.

Questions People Ask About Family Violence Cases in Burnet County

What is the difference between a family violence conviction and a deferred adjudication in Texas?

Deferred adjudication means you plead guilty or no contest and are placed on community supervision without a formal conviction entering the record, provided you complete the conditions. If you do, the case is dismissed. However, Texas law treats a family violence deferred adjudication as a prior conviction for enhancement purposes if you are later charged with another family violence offense. It also does not restore your federal right to possess firearms. A deferred is not a clean outcome in family violence cases, and understanding exactly what it means for your specific situation is critical before accepting any offer.

Can the charges be dropped if the other person does not want to press them?

The complainant does not control whether charges proceed. The Burnet County District Attorney’s office decides that. Prosecutors in family violence cases are trained to look for corroborating evidence, photographs, 911 recordings, medical records, and officer observations, that allow them to move forward without witness cooperation. That said, the complainant’s testimony and willingness to participate obviously affect the strength of the prosecution’s case, which is why the dynamics around witness cooperation are a legitimate defense consideration that your attorney needs to analyze carefully.

Will a family violence charge affect my gun rights?

Yes, and this is one of the most significant practical consequences of a family violence conviction or even a deferred adjudication in Texas. Under federal law, a misdemeanor conviction for a domestic violence offense triggers a lifetime prohibition on firearm possession. For someone who uses firearms for work, lives in a rural area like the Hill Country where firearms are a normal part of daily life, or holds a license to carry, this consequence alone is reason to fight the charge aggressively from the beginning.

What happens at the magistrate hearing right after an arrest?

Within 24 to 48 hours of a family violence arrest in Burnet County, a magistrate will review the charges, inform you of your rights, set or deny bail, and almost certainly issue an emergency protective order. That protective order can require you to leave a shared home immediately, prohibit contact with your children if they were present during the incident, and restrict you from returning to your own residence. Understanding and complying with this order from the moment it is issued is essential. Violations during this early stage create immediate additional legal exposure.

How does a family violence arrest affect a pending divorce or child custody case?

A family violence arrest almost always affects civil family court proceedings. Texas courts weigh family violence history heavily in custody determinations, and a criminal charge, even without a conviction, can influence temporary orders regarding who has primary possession of children during a proceeding. If you are already involved in a divorce or custody case in Burnet County, or if the incident is likely to trigger one, your criminal defense attorney and any family law attorney involved in the civil case need to be coordinating their approach. These two tracks can significantly affect each other.

What if both of us were involved and the police arrested only one of us?

This is a common situation and one where the arrest does not necessarily reflect what the evidence actually shows. Texas law enforcement in family violence situations is often required to make a primary aggressor determination, which means they select one person to arrest even when both parties have injuries or both parties allege the other started the altercation. If you were arrested despite being the person who was also assaulted or defending yourself, that factual background is a meaningful part of your defense. Self-defense and defense of others are recognized defenses under Texas law, and the details of how the incident escalated matter greatly.

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

Expunction of a family violence charge is possible in limited circumstances, primarily when the case was dismissed outright or you were acquitted at trial. If you received deferred adjudication and successfully completed community supervision, family violence cases are not eligible for expunction in Texas, though a non-disclosure order may be available in some situations depending on the offense. This is one of the reasons that resolving a family violence charge through dismissal or acquittal, rather than deferred adjudication, carries such different long-term consequences.

How do prosecutors use the 911 recording in these cases?

911 calls are frequently used as evidence in family violence prosecutions, and they can be powerful because they capture the moment of the incident or its immediate aftermath. Prosecutors use them to establish the emotional state of the caller, describe what allegedly happened, and sometimes corroborate physical evidence. Your attorney will want to obtain that recording early, listen carefully for inconsistencies, assess how it fits with the other evidence, and evaluate whether any statements made during the call were made under circumstances that affect their admissibility or weight.

What does the family violence intervention program involve, and will I be required to complete it?

In many family violence dispositions across Texas, including those in Central Texas counties, completion of a batterer’s intervention and prevention program is a condition of community supervision. These programs are typically lengthy, often 52 weeks, and require weekly attendance. Before agreeing to any plea arrangement that includes community supervision, understanding exactly what the conditions require, including program attendance, is essential. Failing to complete program requirements is a violation of supervision that can result in revocation and incarceration.

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

Timelines vary considerably based on the severity of the charge, whether the case goes to trial, and how complex the evidentiary issues are. Misdemeanor cases in Burnet County can sometimes resolve within a few months if a plea agreement is reached, while felony cases or those heading toward trial can stretch considerably longer. The pace of the local docket, whether expert witnesses are involved, and how the prosecution approaches discovery all affect timing. What matters more than speed is getting the right outcome, and that requires giving your attorney adequate time to investigate thoroughly and negotiate from a position of strength.

Serving Clients Across Burnet County and the Highland Lakes Region

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Burnet County and the broader Highland Lakes and Hill Country region. In Burnet County specifically, the firm serves clients in Burnet, Marble Falls, Lampasas, Bertram, Llano, and the communities surrounding Lake LBJ, Lake Travis, Inks Lake, and Lake Buchanan. The firm also handles cases in neighboring counties throughout this part of Central Texas, including Llano County, San Saba County, and communities extending east toward Georgetown and the Williamson County line. Clients from the Kingsland area, Horseshoe Bay, Cottonwood Shores, Highland Haven, and Meadowlakes have worked with the firm on criminal matters, as have residents from smaller communities throughout the Hill Country corridor. The firm’s offices serve the extended Central Texas region, and the firm’s existing familiarity with the Llano area and surrounding communities means that clients in Burnet County are working with a defense team that already understands the landscape of courts and prosecutors in this part of Texas.

Talk to a Burnet County Family Violence Attorney Before This Gets Harder to Fix

A family violence accusation can change the direction of your life quickly, and the window to build a strong defense is not indefinitely open. Evidence fades, witnesses become harder to locate, and protective order violations stack up when people wait too long to get legal help. Working with a Burnet County family violence attorney who knows these courts and knows how to build a real defense is the most important step you can take right now.

At The Law Offices of David C. Hardaway, we will tell you exactly where you stand, what your options are, and what a realistic defense looks like for your specific situation. We are straight with our clients because that is what actually helps them. Contact our office today to schedule a confidential consultation with a family violence attorney serving Burnet County and the surrounding Hill Country communities.