Giddings Family Violence Lawyer

A family violence charge in Giddings carries consequences that extend far beyond the courtroom. A conviction, or even a deferred adjudication, can affect where you live, whether you can own a firearm, how custody arrangements are structured for your children, and whether certain professional licenses remain within reach. The accusation alone can reshape relationships and reputations before a single hearing takes place. When you are searching for a Giddings family violence lawyer, you are looking for someone who understands the full weight of what these charges mean and who is prepared to examine them seriously from the start.

Lee County, where Giddings serves as the county seat, processes family violence cases through a court system that treats them with particular attention. Texas law on family violence encompasses a broader range of conduct than many people realize, and prosecutors in smaller counties like Lee County often pursue these cases aggressively, partly because local dynamics and repeat-victim patterns make dismissals politically sensitive. That reality requires a defense approach built around early evidence review, a careful read of the complainant’s account, and an honest assessment of whether the narrative the prosecution is building holds up under scrutiny.

At The Law Offices of David C. Hardaway, we handle family violence defense throughout Central Texas, including cases originating in Giddings and Lee County. We represent people at every stage of the process, from the first court appearance to trial if it comes to that, and we approach each case without shortcuts or assumptions about what the outcome will be.

What Texas Family Violence Charges Actually Cover in Lee County

Texas law defines family violence broadly. It applies to conduct between people who are or were married, people who share a child, people in a dating relationship, and household members, including roommates. That means family violence charges do not arise only from domestic disputes between spouses. A physical altercation between former dating partners, an incident involving an adult child and a parent, or an argument between roommates can all result in a family violence allegation under Texas law.

The charges themselves vary in severity. Assault causing bodily injury in a family violence context is typically a Class A misdemeanor for a first offense, but it elevates to a felony if the defendant has a prior family violence conviction or if the offense involved impeding the victim’s breathing. Continuous violence against the family, a felony charge, can be brought even without a prior conviction if prosecutors allege two or more family violence incidents within a twelve-month period. Protective order violations carry their own separate criminal exposure on top of the underlying charge.

One detail that catches many defendants off guard is the affirmative finding. When a person is convicted of or pleads guilty to an offense involving family violence, the court enters a finding to that effect in the judgment. That finding is what triggers the federal firearm prohibition and what courts in other states will see if a custody dispute later crosses state lines. It also determines whether a subsequent offense will be charged as a felony. Understanding what is actually at stake in a plea negotiation, not just the immediate sentence but what gets written into the judgment, is one of the most important things a defense attorney can offer before anyone signs anything.

Why The Law Offices of David C. Hardaway Handles These Cases Differently

David Hardaway and his team represent clients across Central Texas in criminal cases ranging from misdemeanors to serious felonies. Client reviews submitted to the firm consistently describe an office that communicates directly, stays reachable throughout the process, and invests real attention in understanding each person’s situation. One client wrote that the team “investigated and thoroughly believed in me” and that having attorneys who genuinely listened to them made the difference between a dismissal and a conviction. Another described staff who were “polite and sensitive to the subject pertaining to my situation,” which matters enormously when someone is navigating something as personal and disorienting as a family violence charge.

The firm serves Lee County from its San Marcos base, and it handles cases throughout the broader region including Austin, Bastrop, Caldwell, Williamson, and Guadalupe Counties. That breadth of courtroom experience across multiple Texas county courts gives the firm a grounded understanding of how prosecutors in different jurisdictions approach similar charges, what their tendencies are in early negotiations, and when a case is positioned to fight rather than settle. Clients in Giddings benefit from that regional perspective applied to a smaller county court environment where the details of local procedure and personnel genuinely matter.

Charges and Situations This Defense Practice Covers

• Assault family violence, Class A misdemeanor: The most frequently filed charge in domestic incidents, covering physical contact that causes pain or bodily injury between family or household members, typically handled at the county level in Lee County Court.
• Assault family violence by impeding breath or circulation: Known informally as strangulation, this offense elevates from a misdemeanor to a third-degree felony even for a first offense under Texas law, making early defense intervention critical before charging decisions are finalized.
• Felony family violence with prior conviction: A second family violence conviction, or one following a prior affirmative finding, is charged as a third-degree felony, which carries potential prison time rather than county jail and changes the stakes of every negotiation.
• Continuous violence against the family: A third-degree felony that does not require a prior conviction, only two or more incidents within twelve months, meaning prosecutors can pursue serious felony charges based entirely on the complainant’s account of pattern conduct.
• Protective order violations: When a magistrate’s order or standing protective order is alleged to have been violated, a separate criminal charge can be filed immediately, sometimes before the underlying family violence case is resolved, compounding the defendant’s exposure.
• Cases involving child custody implications: A family violence finding does not automatically determine custody outcomes in Texas, but it is a factor courts weigh, and the timing and resolution of criminal proceedings can directly affect what a family court does when it examines the same conduct.
• False or exaggerated allegations: In some cases, family violence charges arise from disputed accounts where anger, financial pressure, or custody leverage distorts what actually happened. Investigating inconsistencies in the complainant’s statement, 911 call recordings, and prior contact between parties is part of how these cases get examined honestly.

How to Respond After a Family Violence Arrest in Giddings

The hours immediately following a family violence arrest are often the most consequential, and the decisions made during that window can either help or significantly complicate the defense later. In Texas, law enforcement officers are required to make an arrest when they have probable cause to believe family violence occurred. Once that arrest happens, a magistrate will typically issue a no-contact or stay-away order before the defendant is even released from custody. Violating that magistrate’s order, even unintentionally, results in an additional criminal charge.

Before saying anything to law enforcement beyond what is legally required, contact a Giddings family violence attorney. Statements made during the initial investigation, whether at the scene or at the jail, are available to prosecutors and frequently end up being the most damaging pieces of evidence in a case. Officers are not required to stop taking notes simply because someone is trying to explain themselves, and context offered without legal guidance often reads differently in a police report than it did in the moment.

Family violence cases in Lee County are handled through the Lee County District Attorney’s Office, with misdemeanor matters going through the Lee County Court and felony charges processed in Lee County District Court in Giddings. The Lee County Jail on South Magnolia Street handles custody after arrest. Knowing which court will handle your case matters because it determines the timeline for arraignment, pre-trial conferences, and potential resolution, and it identifies the prosecutors and judges who will be involved.

Gather documentation as soon as possible. Text messages, voicemails, photographs, and records of prior incidents, whether reported or not, can all be relevant to the defense. If there were witnesses to the incident or to the relationship dynamic leading up to it, their contact information should be preserved. A common mistake is assuming the prosecution’s case is complete as filed. Investigative work done early, before memories fade and records become harder to access, frequently changes the trajectory of a case.

What Happens to a Family Violence Case Over Time

One of the more counterintuitive realities of family violence prosecution in Texas is that the complaining witness does not control whether charges are pursued. The decision to charge and prosecute belongs to the State, not to the alleged victim. Even if the person who made the original complaint later says they do not want the case to continue, the prosecutor can still move forward. That does not mean the complaining witness’s position is irrelevant, but it does mean defendants cannot simply wait and hope the other party will make the case disappear.

Texas law also prohibits the use of certain deferred adjudication outcomes in family violence cases. Unlike many other offenses, a family violence case resolved through deferred adjudication does not avoid the affirmative finding in the same way that arrangement might work for other charge types. The specific terms of any plea negotiation, what gets admitted, what finding gets entered, and what conditions attach to the sentence, require careful attention from a defense attorney who understands how these provisions interact before anyone agrees to anything.

For defendants who have no prior criminal history, options such as first-offender programs, counseling conditions, or negotiated dismissals may be available depending on the facts and the prosecutor’s approach. Cases with stronger evidentiary issues, credibility problems in the complainant’s account, or physical evidence that contradicts the narrative may be positioned for dismissal or acquittal. No honest attorney can promise a specific result, but the quality of the legal work done before a case resolves has a direct and measurable effect on where it ends up.

Questions People Ask About Family Violence Charges in Giddings

Can the charges be dropped if my partner doesn’t want to press charges?

In Texas, the decision to prosecute belongs to the State, not the individual complainant. Once law enforcement files a report and the district attorney’s office picks up the case, the alleged victim cannot unilaterally drop the charges. The complaining witness’s position can influence prosecutorial discretion, but it does not end the case. Defense counsel can help communicate relevant information to the DA’s office through appropriate channels, but defendants should not assume the case will go away on its own.

What does the “affirmative finding” of family violence mean, and why does it matter so much?

When a court enters an affirmative finding of family violence in a judgment, that notation becomes part of the permanent criminal record. It triggers the federal prohibition on firearm possession under federal law, it can be used to elevate any future family violence charge to a felony, and it is visible to courts in other states that may later be involved in custody matters. This is why the specific language of any plea agreement requires careful review, not just the sentence itself.

Will a family violence conviction affect my custody rights in Texas?

Texas family courts treat family violence findings as a significant factor when determining conservatorship and possession arrangements. A finding of family violence creates a rebuttable presumption against giving the person who committed the violence certain parental rights. The criminal case and the family court case run on separate tracks, but what happens in one affects the other, which is one reason the resolution of the criminal matter deserves thorough legal attention even when both parties want to move forward together.

I was the one who got hurt, but the police arrested me instead. What happened?

Dual arrest situations and instances where the primary aggressor designation gets applied incorrectly do occur. Officers respond under pressure and make quick assessments that are not always accurate. If you believe you acted in self-defense or that the incident was mischaracterized in the police report, those facts need to be documented and presented to the defense attorney immediately. Self-defense is a recognized legal defense in Texas assault cases, and an account of what actually happened matters most when it is preserved early and presented consistently.

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

Timelines vary based on whether the charge is a misdemeanor or felony, the complexity of the evidence, and the court’s docket. Misdemeanor cases in Lee County Court may move toward resolution within a few months of filing. Felony cases in district court typically take longer, particularly if there are depositions, motion hearings, or trial preparation involved. Cases where the defense is actively investigating and challenging evidence often take more time upfront but tend to produce better outcomes than cases rushed to a plea.

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

Expunction eligibility in Texas depends on how the case resolved. If charges were dismissed outright or if the defendant was acquitted at trial, expunction may be available. A conviction, including one resulting from a guilty plea, is generally not eligible for expunction. Deferred adjudication in a family violence case does not result in eligibility for expunction in most circumstances. Understanding what resolution options actually do to a permanent record is essential before accepting any plea offer.

What if the alleged incident happened during a separation or divorce?

Family violence allegations that arise during contested divorce or separation proceedings require particularly careful handling. The criminal case and the civil family law matter run simultaneously, and strategy in one can create problems in the other. Statements made in the criminal case can be used in family court proceedings, and vice versa. A defense attorney handling the criminal matter needs to understand the civil context, and ideally there is coordination between criminal defense counsel and any family law attorney involved in the divorce.

Does a magistrate’s emergency protective order affect where I can live or work?

A magistrate’s order for emergency protection is issued at the time of arrest and typically prohibits contact with the complainant and, in some cases, requires the defendant to stay away from specific addresses including a shared residence. If the home you shared with the complainant is also near your workplace or involves children’s school pickup, the practical reach of the order can be significant. Violating the order is a separate criminal offense. Review the specific terms with an attorney immediately and address any conflicts through the court rather than by ignoring conditions you find unreasonable.

Is it possible to have a family violence charge reduced to a different offense?

Reduction to a non-family-violence offense is something defense attorneys negotiate in appropriate cases, and it can matter enormously for the long-term record consequences. If a charge is resolved as a simple assault rather than assault family violence, the affirmative finding and the associated collateral consequences may be avoided. Whether that outcome is achievable depends on the specific facts, the strength of the evidence, the prosecutor’s position, and the defendant’s background. It is not available in every case, but it is a legitimate goal to pursue where the facts support it.

What happens to my gun rights if I’m convicted of family violence in Texas?

A conviction for a misdemeanor crime of domestic violence under federal law results in a lifetime prohibition on firearm possession under federal statute. This applies even to misdemeanor convictions, which surprises many people who assume the firearm prohibition only applies to felonies. Texas state law also prohibits firearm possession for people subject to certain protective orders. If firearms are part of your profession or lifestyle, this consequence alone may be the most consequential long-term effect of a conviction, and it should factor heavily into how any plea negotiation is evaluated.

Representing Family Violence Defense Clients Across Lee County and Central Texas

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Lee County, including Giddings, Lexington, Lincoln, Dime Box, and the rural communities and surrounding areas that make up the county. The firm also handles family violence defense in neighboring Bastrop County, including Bastrop and Smithville, and in Caldwell County including Lockhart and Luling. Clients from Williamson County, Travis County, and Hays County regularly work with the firm on cases in those jurisdictions as well.

Across Central Texas, the firm represents people facing criminal charges in communities along and around the I-35 corridor, including San Marcos, Kyle, Buda, New Braunfels, Seguin, Schertz, Cibolo, and Austin. The firm’s geographic reach extends through the Hill Country with offices in Fredericksburg and Brenham, covering Washington County and the surrounding region. Whether a case originates in a larger county court system or a smaller county court like Lee County where local familiarity genuinely matters, the firm brings the same level of preparation and attention to the specific jurisdiction involved.

Speak With a Giddings Family Violence Attorney About Your Case

A family violence charge does not resolve itself, and the time before the next court date is rarely wasted when it is spent building a real understanding of the case. The Law Offices of David C. Hardaway is available to speak with people facing these charges in Giddings and throughout Lee County. We will give you a direct assessment of what you are dealing with and what your options actually look like, without vague reassurances or pressure to make a quick decision. Contact our office to schedule a confidential consultation with a Giddings family violence attorney who will take the time to understand your specific situation before offering any guidance.