Georgetown Family Violence Lawyer

A family violence charge in Georgetown carries weight that extends well beyond the courtroom. Texas law treats these offenses with particular severity, and a conviction, or even a deferred adjudication, can strip you of your right to possess a firearm, alter your standing in a child custody case, affect your immigration status, and follow you on background checks for employment and housing. The criminal justice system moves quickly after an arrest, and the decisions made in the first hours and days matter enormously. If you or someone you care about has been arrested on a family violence allegation in Williamson County, working with a Georgetown family violence lawyer who understands how these cases are charged, investigated, and litigated in this specific jurisdiction can make a real difference in the outcome.

Texas defines family violence broadly. It covers physical assault, threats, and certain forms of harassment between spouses, former spouses, dating partners, family members, and household members. A single call to law enforcement, even without visible injury and even if the complaining party does not want to pursue charges, can result in an arrest and a mandatory protective order. Prosecutors in Williamson County handle family violence cases aggressively, and they have the authority to move forward with charges regardless of whether the alleged victim cooperates or later recants. That reality makes early, deliberate legal preparation essential.

At The Law Offices of David C. Hardaway, we represent people charged with family violence offenses across Central Texas, including in Georgetown and throughout Williamson County. We understand how local prosecutors approach these cases, how Williamson County courts handle protective orders and bond conditions, and how the evidence in these allegations, including 911 calls, body camera footage, and medical records, can be examined and challenged. This page explains what you need to know about how these cases work and why the strategy your attorney brings to the table from day one directly shapes your options.

How Family Violence Cases Actually Work in Williamson County

Family violence prosecutions in Texas have a well-established logic. After an arrest, a magistrate issues a protective order as a condition of bond almost automatically, often before the accused has spoken to anyone about the facts of the situation. Violating that protective order, even through indirect contact, can result in a separate criminal charge and revocation of bond. The accused is simultaneously managing a criminal case, a protective order, and often a civil family law matter if children are involved or if a divorce is pending.

Williamson County District Attorney’s Office has dedicated prosecutors who handle family violence cases. They are familiar with the dynamics of these situations, including complaining witnesses who later change their accounts, and they are trained to evaluate whether a case can proceed on the physical evidence and recorded statements alone. The Georgetown family violence attorney you choose needs to understand how these prosecutors think and what they prioritize, because the path to a favorable outcome often runs through negotiation, motion practice, and careful management of the evidence rather than a single dramatic courtroom confrontation.

Bond hearings in Williamson County are conducted at the Williamson County Justice Center in Georgetown. The conditions imposed, including distance requirements, prohibition on contact, and surrender of firearms, can create practical hardships for defendants who share a home with the complaining party or who have children in common. An attorney who knows the local magistrates and how bond conditions are typically argued in this jurisdiction can move more effectively to modify restrictions that are creating genuine hardship.

Charges That Fall Under Texas Family Violence Law

• Class A Misdemeanor Assault: The most common entry-level family violence charge, covering intentional or knowing bodily injury to a family or household member. Even without visible injury, a charge can be filed based solely on the complaining party’s statement at the time of the call.
• Felony Assault – Family Violence: A prior family violence conviction or deferred adjudication elevates a subsequent assault charge from a misdemeanor to a third-degree felony under Texas law, regardless of the severity of the current alleged incident.
• Aggravated Assault: Involves allegations of serious bodily injury or use of a deadly weapon, including objects that would not normally be considered weapons but are alleged to have been used as such. These charges are second-degree felonies and carry substantial prison exposure.
• Strangulation or Suffocation: Texas separately addresses impeding breath or circulation as a third-degree felony even without a prior family violence record, making it one of the more serious charges that can arise from a single incident allegation.
• Continuous Violence Against the Family: A third-degree felony charge that can be filed based on two or more incidents within a twelve-month period, even if neither incident was separately prosecuted.
• Violation of a Protective Order: A separate criminal charge that can be filed on top of the underlying assault allegation when the accused is alleged to have contacted the protected party in violation of bond or court order conditions.
• Dating Violence Offenses: Texas law extends family violence protections to current and former dating relationships, meaning these charges are not limited to married or cohabitating individuals.

What the Family Violence Finding on Your Record Actually Does

Texas law builds a specific designation into criminal dispositions involving family violence. When a court makes an affirmative finding of family violence in connection with a conviction or a guilty plea, that finding travels with the record permanently. It cannot be expunged, and unlike a standard misdemeanor conviction, it cannot be sealed through most available nondisclosure mechanisms. That finding triggers the federal prohibition on firearm possession under the Lautenberg Amendment, which applies regardless of whether the conviction was for a felony or misdemeanor. For clients who work in law enforcement, the military, or licensed professions, this firearm prohibition is often the most consequential long-term consequence they face.

In family law proceedings, a family violence finding substantially affects custody and visitation determinations. Texas courts are required to consider documented family violence when making conservatorship decisions, and a finding can shift the presumption that joint managing conservatorship is in the child’s best interest. If your case involves children and a parallel custody proceeding, your family violence charge and how it resolves has direct downstream consequences in the family court. A Georgetown family violence attorney who understands this intersection can help structure a resolution strategy that accounts for both the criminal and civil dimensions of your situation.

For clients who are not U.S. citizens, a family violence conviction, and in some circumstances even a guilty plea that results in deferred adjudication, can trigger removal proceedings. Immigration consequences in this area are particularly unforgiving, and the analysis requires attention to how federal immigration law treats the specific offense charged, not just how Texas law classifies it. This is an area where the coordination between criminal defense and immigration counsel matters.

What to Do After a Family Violence Arrest in Georgetown

The period immediately following an arrest is when mistakes are most likely to happen, and when the foundation of a defense is most effectively built. The first practical step is to say nothing about the alleged incident to law enforcement beyond providing basic identifying information. Statements made at the scene, on the way to the jail, or during booking frequently become prosecution exhibits, and even well-intentioned explanations can contain inconsistencies that are used against the speaker later. Williamson County arrestees are typically booked at the Williamson County Jail in Georgetown before being brought before a magistrate.

Contact an attorney before your bond hearing if at all possible. The conditions of your release, including any no-contact or proximity requirements, will be set at that hearing and can be difficult to modify afterward. Once a protective order is in place, any contact with the complaining party, regardless of who initiates it, exposes you to a separate criminal charge. This prohibition applies even if the complaining party reaches out to you first.

Preserve any evidence that bears on the incident. Text messages, voicemails, photographs, video from home security systems, and records of prior communications can all be relevant to challenging the prosecution’s account. Witnesses who were present or who can speak to the context of the relationship should be identified early, before memories fade. Medical records, if there are injuries on your side of the incident, should be documented.

Family violence cases in Williamson County are handled through the district and county courts in Georgetown. Misdemeanor charges are processed in the county courts at law, while felony charges proceed through the district courts, both of which are located at the Williamson County Justice Center at 405 Martin Luther King Street in Georgetown. Understanding which court your case is in and the timeline for arraignment, pretrial conferences, and any potential trial date helps you plan appropriately and avoid procedural missteps that can limit your options.

Questions People Ask About Georgetown Family Violence Cases

Can the charges be dropped if the alleged victim does not want to press charges?

The decision to prosecute rests with the Williamson County District Attorney’s Office, not with the alleged victim. Prosecutors frequently proceed with cases even when the complaining party declines to cooperate, using recorded 911 calls, body camera footage, statements made to officers at the scene, and physical evidence. A complaining party who recants may still be subpoenaed to testify, and the prosecution may argue that the recantation itself resulted from pressure. An attorney can assess how strong the state’s case is independent of the complaining witness.

What happens to a protective order after the criminal case resolves?

A magistrate’s order imposed as a bond condition terminates when the case resolves, but a separate civil protective order issued by a district court can remain in effect for up to two years or longer in some circumstances. If a final protective order was entered, its terms and duration are governed by the civil court proceeding, not the criminal case. Violating a protective order, even after the criminal case has been dismissed, carries its own criminal penalty.

Will a family violence arrest appear on a background check even if the case is dismissed?

An arrest record is publicly accessible in Texas and will appear on many background checks regardless of whether the underlying case is dismissed. Expunction is the legal mechanism for clearing an arrest record in Texas, but eligibility depends on how the case resolved. Dismissals generally qualify for expunction, but cases that resulted in deferred adjudication do not, even after successful completion of probation. If record clearance is a priority, your attorney should evaluate your eligibility from the outset.

How does a family violence charge affect my gun rights in Texas?

A conviction for a family violence offense, even a Class A misdemeanor, triggers a lifetime federal prohibition on firearm possession under the Lautenberg Amendment. This prohibition applies the moment the conviction is entered, and it applies to federal firearms laws regardless of Texas state law. Licensed gun owners must surrender weapons, and the prohibition extends to ammunition. Deferred adjudication in Texas does not result in a conviction under Texas law, but whether it triggers the federal prohibition is a more nuanced question that requires careful analysis in your specific case.

Can I still see my children if I have a protective order against me?

A magistrate’s protective order typically prohibits contact with the complaining party but may or may not address contact with children, depending on how it is drafted. However, in parallel family court proceedings, a family violence allegation can prompt temporary modifications to existing custody orders. If your children are in the same household as the protected party, the protective order’s no-contact provisions can effectively prevent you from exercising your custody rights during the pendency of the case. An attorney familiar with both the criminal and family law dimensions of your situation can help you navigate this carefully.

What is the difference between a misdemeanor and felony family violence charge in terms of how the case is handled?

Misdemeanor family violence cases in Williamson County are handled in the county courts at law and typically move somewhat faster than felony cases. Felony charges proceed through the district courts and involve grand jury indictment before the case moves forward. The range of potential consequences differs significantly. Misdemeanor convictions carry up to one year in county jail, while felony charges can result in state prison sentences ranging from two years to life, depending on the degree. The strategic approach to each type of case differs accordingly, including how motions are filed, how plea negotiations are conducted, and what trial preparation looks like.

What role does body camera footage typically play in these cases?

Georgetown Police Department and Williamson County Sheriff’s Office officers are equipped with body cameras, and this footage is often the most significant piece of evidence in a family violence case. It captures the scene at the time of the call, the condition of both parties, what each person said to officers, and whether the complaining party’s account was consistent. Body camera footage can support a defense as readily as it can support the prosecution, depending on what it shows. Obtaining this footage quickly, before it is overwritten or otherwise lost, is one of the first priorities in case preparation.

Is it possible to get a family violence charge reduced to a non-family-violence offense?

In some cases, yes. A reduction to a simple assault without a family violence finding, or to a different offense entirely, eliminates the firearms prohibition and the family law consequences that attach to the family violence finding specifically. Whether a reduction is available depends on the specific facts, the strength of the prosecution’s evidence, the history of the parties, and how the case is presented to the prosecutor. This type of negotiation requires detailed knowledge of how the Williamson County DA’s office approaches these cases and what arguments are most likely to be persuasive.

How long do family violence cases in Williamson County typically take to resolve?

Timelines vary considerably based on whether the case is a misdemeanor or felony, how the evidence develops, whether there are evidentiary disputes that require hearings, and whether the case proceeds toward trial or resolves through negotiation. Misdemeanor cases can sometimes resolve in a matter of months, while felony cases with contested issues can remain active for a year or longer. Cases that go to trial take substantially longer. Your attorney can give you a more specific timeline estimate once the charges and the court the case is assigned to are known.

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

Convictions for family violence offenses, including cases that resulted in deferred adjudication, are generally not eligible for expunction or nondisclosure in Texas. The nondisclosure statute that allows some misdemeanor records to be sealed explicitly excludes family violence offenses. This makes the outcome of the criminal case especially important, because a conviction or guilty plea in a family violence case typically remains permanently accessible. If your case is dismissed without a deferred adjudication, expunction may be available, which is one reason why how a case resolves, not just whether it resolves, matters.

Representing Clients in Georgetown, Round Rock, Cedar Park, and Across Williamson County

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Georgetown and across the full extent of Williamson County. We handle cases originating from Georgetown, Round Rock, Cedar Park, Leander, Liberty Hill, Hutto, Taylor, Georgetown Village, Sun City, Jarrell, Florence, Granger, and the communities along the State Highway 29 and US-183 corridors. We also represent clients in the newer developments along Ronald Reagan Boulevard and in the rapidly growing communities in the southern part of the county near the Hays County line. Williamson County has grown dramatically in recent years, and the demand on local law enforcement and courts has grown with it. We know these courts and the prosecutors who work in them.

Our representation extends beyond Williamson County to adjacent jurisdictions where clients’ lives and legal matters intersect. We regularly handle cases in Travis County to the south, Burnet County to the west, and Milam County to the northeast. Clients in the communities along I-35, including Pflugerville and Manor, often have cases that straddle county lines, and we are prepared to provide representation wherever the charges have been filed.

Talk to a Georgetown Family Violence Attorney About Your Case

Family violence charges do not resolve themselves, and the consequences of a poorly handled case can follow you for decades. At The Law Offices of David C. Hardaway, we give clients direct answers about their situation and build defense strategies rooted in a thorough understanding of the facts, the evidence, and how Williamson County prosecutors and courts handle these cases. Our clients have described our approach as honest, attentive, and genuinely invested in their outcomes, and that describes exactly how we approach every family violence case we take on. If you are looking for a Georgetown family violence attorney who will engage seriously with your situation from the start, contact our office to schedule a confidential consultation.