Burnet Family Violence Lawyer

A family violence charge in Burnet County carries consequences that reach well beyond any courtroom. These cases move quickly, and the decisions made in the first hours and days after an arrest often determine how the case unfolds from that point forward. At The Law Offices of David C. Hardaway, we represent people facing Burnet family violence charges who need counsel that is direct, thorough, and prepared to challenge the prosecution’s case from every angle.

What makes these charges particularly serious is the layered set of consequences they trigger. A conviction or even a deferred disposition can create a permanent family violence finding on your record, strip you of your right to possess a firearm, affect custody and visitation arrangements, and follow you into employment background checks for years. Texas law treats family violence as its own category of offense, and the courts in Burnet County are no exception to statewide trends toward aggressive prosecution of these cases.

David Hardaway and his team have handled family violence cases across Central Texas, including in the courts of Burnet County. This firm knows how evidence gets evaluated, how protective orders interact with criminal proceedings, and where the prosecution’s case is most likely to have holes. That knowledge translates into a defense that is built around the actual facts of your situation.

What Burnet County Family Violence Charges Actually Look Like

Family violence in Texas is not a standalone charge in the same way a drug offense is. It is a classification applied to offenses like assault, aggravated assault, stalking, continuous violence, and others when the alleged conduct involves a family member, household member, or someone with whom the defendant has or had a dating relationship. That definition is broad, and it means people get charged under this framework in situations that vary enormously in severity and context.

Burnet County sits in the Highland Lakes region of Central Texas, served by Highway 281 and the Lake Buchanan corridor. The county seat in Burnet handles family violence cases through the Burnet County District Court and County Courts at Law, and cases can be prosecuted at the misdemeanor or felony level depending on the specific charge, any prior family violence history on the defendant’s record, and whether a weapon was alleged to be involved. A first assault charge involving a family or household member is typically a Class A misdemeanor, but prior convictions or aggravating circumstances can elevate the same conduct to a felony.

One thing that surprises many people is how little control the alleged victim often has over whether a case proceeds. In Texas, the decision to pursue charges belongs to the prosecutor, not the complaining witness. Even if the person who made the initial call wants to recant or withdraw, the state may press forward. That reality makes having a Burnet family violence attorney involved early, before a case takes on its own momentum, genuinely important.

Charges and Situations Our Defense Covers in Burnet County

• Class A Misdemeanor Assault – Family Violence: The most commonly filed charge in domestic situations, covering bodily injury to a family member, household member, or dating partner. A conviction carries potential jail time, fines, and a permanent family violence designation that cannot be expunged under Texas law.
• Felony Assault with Prior Family Violence Finding: Texas law enhances a standard assault charge to a third-degree felony when the defendant has a prior family violence conviction, making prior record review a critical part of any defense analysis.
• Aggravated Assault – Family Violence: Involves allegations of serious bodily injury or use or exhibition of a deadly weapon, charged as a first or second-degree felony. These cases carry potential prison sentences measured in decades and require immediate, intensive defense preparation.
• Continuous Violence Against the Family: A specific Texas offense that charges a pattern of family violence conduct across a defined period. The statute allows the prosecution to aggregate incidents that might individually be misdemeanors into a felony charge.
• Protective Orders and Emergency Orders: After a family violence arrest in Burnet County, a magistrate’s order of emergency protection is typically issued automatically. Violating that order creates a separate criminal offense, and the terms of the order can affect where you live and your access to your children during the pendency of the case.
• Strangulation and Impeding Breath: Texas elevates assault to a felony when strangulation or impeding breath or circulation is alleged. These charges often rest heavily on the complaining witness’s account and physical findings, and the medical and forensic evidence in these cases warrants close examination.
• Dating Violence and Non-Household Relationships: Family violence statutes extend to dating relationships, meaning a charge does not require shared living arrangements. Cases involving former partners, people in relationships of a continuous romantic nature, and similar situations all fall within this framework.

What to Do After a Family Violence Arrest in Burnet County

After an arrest on a family violence charge, the immediate priority is understanding what restrictions are already in place against you. A magistrate’s emergency protection order is typically issued at the time of arrest or shortly after and will set specific prohibitions, often including no contact with the alleged victim and sometimes exclusion from a shared residence. Read that order carefully. Violations, even unintentional ones, create new criminal exposure on top of the underlying charge.

Do not attempt to contact the complaining witness to explain yourself, work things out, or ask them to tell police the story is wrong. That contact, regardless of intent, can be charged as a violation of the protective order and will be used against you by the prosecution. The communication you make in those first hours is often the most damaging evidence collected against defendants in family violence cases.

Your criminal case will be handled through the Burnet County courts. Misdemeanor family violence charges proceed through the County Court at Law, while felony charges go to the District Court. The Burnet County Courthouse is located in the city of Burnet, and bond conditions in family violence cases frequently include requirements beyond what applies in other types of cases, including restrictions on alcohol and weapons possession, GPS monitoring in some instances, and mandatory family violence intervention classes.

Gather any documentation you have that is relevant to the incident and your relationship with the complaining witness. That includes text messages, voicemails, photos, and records that might show context the police report does not capture. Preserve this information without destroying anything. A defense attorney can review what you have and assess what it means for your case. Do not make statements to law enforcement about the incident without counsel present. Anything you say, even if intended to clarify or explain, becomes part of the record the prosecution will use.

How Family Violence Cases in Texas Get Challenged

Prosecutors who handle family violence cases are experienced in presenting these charges, but that does not mean the evidence is always as strong as it appears. The fact that an arrest occurred does not mean a conviction is inevitable. Defense work in these cases involves looking carefully at several areas where the prosecution’s case may be weaker than it looks on paper.

Witness credibility and consistency matter enormously. When the primary evidence against a defendant is the account of the complaining witness, prior statements, 911 call recordings, medical records, and physical evidence need to be examined for inconsistencies. People sometimes make reports in the heat of a conflict that do not accurately reflect what occurred, and a defense attorney has the right to investigate and challenge those accounts through cross-examination and corroborating or conflicting evidence.

Self-defense and defense of others are legitimate legal theories in assault cases, including those involving family members. Texas law allows a person to use force to defend themselves when they reasonably believe it is immediately necessary. Whether that theory applies depends on the specific facts, but it is not uncommon in family violence cases for both parties to have been involved in a physical altercation, and the person who ends up arrested is not always the person who initiated contact.

Evidence handling also warrants scrutiny. Law enforcement is required to follow specific procedures when collecting evidence at a scene, documenting injuries, and preserving recordings. When those procedures are not followed correctly, the integrity of the evidence can be challenged. At The Law Offices of David C. Hardaway, we look at how evidence was gathered and whether the collection process creates grounds for challenge. Clients who have worked with this firm note the team’s attention to detail and thorough approach to investigating every aspect of a case, qualities that are directly relevant to this kind of evidence-centered defense work.

Questions About Burnet Family Violence Charges

Can the complaining witness drop the charges against me?

Not directly. In Texas, the decision to prosecute belongs to the state, not the person who made the initial complaint. The Burnet County District Attorney’s office can proceed with charges even if the complaining witness recants or refuses to cooperate. Prosecutors in Texas are trained to build cases around physical evidence, 911 recordings, and officer observations precisely because recantation is common in domestic situations. A defense attorney can address the significance of a non-cooperative witness, but it does not automatically end the case.

What happens to the protective order during my criminal case?

The magistrate’s emergency protection order issued at arrest is temporary and lasts a set period under Texas law. However, the prosecution or the alleged victim may seek a longer-term protective order through a civil proceeding that runs parallel to your criminal case. That civil order can restrict where you live, your access to shared property, and contact with your children. Your criminal defense attorney and, in some cases, a family law attorney will need to coordinate strategy across both proceedings.

Will a family violence conviction affect my gun rights?

Yes. Under federal law, a conviction for a misdemeanor crime of domestic violence prohibits firearm possession. This applies even if the conviction is a misdemeanor, not a felony. The prohibition is permanent under federal law, though Texas law has its own provisions that apply during and after the case. This consequence is one reason why the specific outcome of a family violence case, including whether any plea agreement results in a conviction or a deferred disposition, has significant practical implications beyond the sentence itself.

Does a deferred adjudication protect me from the family violence designation?

Not entirely. Texas law provides that even a deferred adjudication in a family violence case can result in a family violence finding being entered in the judgment. That finding has its own consequences, including affecting future charges and custody matters, and cannot be expunged. The specific terms of any resolution matter enormously and should be negotiated carefully with full understanding of what each outcome actually does and does not protect you from.

How does a family violence charge affect a custody case?

Texas family courts are required to consider a history of family violence when making custody determinations. A family violence finding, conviction, or even an active protective order can significantly affect the outcome of a custody or visitation proceeding. Courts may restrict a parent’s access to children or require supervised visitation. The criminal case and any family law proceeding can affect each other, which is why understanding both tracks matters when you are navigating this situation.

What if the arrest was based on a false accusation?

False accusations in family violence cases occur, and they sometimes arise in the context of contested divorce or custody disputes, neighbor disagreements, or conflict during the breakdown of a relationship. The challenge is that police respond to a call, someone is making a complaint, and an arrest frequently follows. Fighting a false accusation requires building the defense around evidence that contradicts the account given to police, including communications, witness statements, prior incident history, and physical evidence at the scene. A defense that treats the accusation as false from the beginning will gather and preserve that evidence early.

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

Texas law significantly limits expunction options for family violence cases. If you receive a conviction or a deferred adjudication with a family violence finding, expunction is not available. If charges are dismissed or you are acquitted, expunction may be possible. The specific path to clearing your record depends entirely on how the case resolves, which underscores why the resolution strategy matters as much as the case outcome itself.

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

Timelines vary depending on whether the charge is a misdemeanor or felony, the court’s docket, and how actively the case is contested. Misdemeanor cases can sometimes resolve within a few months, while felony cases often extend significantly longer, particularly if there is substantial discovery to review, motions to litigate, or if the case proceeds toward trial. Burnet County’s courts serve a smaller population than the larger Central Texas counties, which can affect scheduling in different directions depending on the current docket.

What if both parties were involved in the altercation? Can both people be charged?

Yes. Texas law allows dual arrests in family violence situations, though in practice one person is usually identified as the primary aggressor and charged. If mutual combat or a situation where both parties were involved in physical contact is at issue, that factual dispute becomes central to the defense. Officers are supposed to identify a primary aggressor rather than simply arresting both parties, but that determination is made quickly and sometimes without full information, which creates legitimate grounds for challenge.

If I’m from outside Burnet County, do I need a local attorney?

Not necessarily local to Burnet specifically, but you do need an attorney with genuine familiarity with the courts and prosecutors in the Highland Lakes and Hill Country region. The Law Offices of David C. Hardaway serves clients throughout Central Texas, including Burnet County, and has the regional presence and court familiarity to handle these cases without treating the jurisdiction as unfamiliar territory.

Representing Family Violence Clients Across the Burnet County Region and Beyond

The Law Offices of David C. Hardaway handles family violence defense for clients throughout Burnet County and the surrounding Central Texas region. Within Burnet County, we represent clients from the cities of Burnet and Marble Falls, as well as communities throughout the Llano and Highland Lakes area, including Horseshoe Bay, Cottonwood Shores, Meadowlakes, Granite Shoals, Sunrise Beach Village, and Bertram. Our practice extends south through the I-35 corridor into Hays County, where we regularly defend clients in San Marcos, Kyle, and Buda, and north toward the Austin metro and Williamson County communities including Round Rock. We also serve clients throughout the Hill Country, including Llano County, Gillespie County centered on Fredericksburg, Kerr County, and the communities surrounding Kerrville. To the southeast, we handle cases in Guadalupe County courts serving Seguin and the surrounding area, and in Caldwell County including Lockhart. Our Brenham office extends our reach into Washington County and the surrounding communities east of Austin. Wherever a client is located in this region, they receive the same level of preparation and direct communication that the firm brings to every case.

Talk to a Burnet County Family Violence Attorney About Your Case

A family violence accusation does not have to define what comes next. The outcome of these cases depends heavily on how they are approached from the beginning, and that starts with having a Burnet County family violence attorney who will look at the actual facts, understand the specific charges, and build a defense around what the evidence actually shows. At The Law Offices of David C. Hardaway, we give clients straight answers, thorough preparation, and representation that takes their case seriously. Contact our office to schedule a confidential consultation and start getting the information you need.