Hays County Family Violence Lawyer

A family violence charge in Hays County carries consequences that reach far beyond the courtroom. Within hours of an arrest, you may be subject to an emergency protective order that removes you from your home, restricts contact with your children, and affects your job, your housing, and your reputation, all before a judge has heard a single fact about what actually happened. If you have been arrested for family violence in Hays County, the decisions made in the first 48 to 72 hours matter enormously, and having a Hays County family violence lawyer working on your case from the start can mean the difference between a conviction that follows you permanently and an outcome that preserves your future.

Family violence cases in Texas are handled aggressively from arrest through prosecution. Law enforcement officers in San Marcos, Kyle, and Buda are trained to make arrests when there is any allegation of physical contact during a domestic disturbance, even when both parties say the situation was minor or already resolved. Prosecutors in Hays County do not require the alleged victim to cooperate or press charges, and in many cases they will pursue a conviction even over the objection of the complaining witness. This is not a situation where hiring a lawyer can wait until things “get worse.” This is a situation where the clock is already running.

At The Law Offices of David C. Hardaway, we represent people throughout Hays County who are facing family violence charges ranging from Class A misdemeanor assault to serious felony offenses involving injury or prior convictions. We understand how these cases are built by the prosecution, what evidence prosecutors rely on, and where their cases have real vulnerabilities. Our goal is to give you an honest assessment of where things stand and then work methodically toward the best outcome the facts allow.

What Makes Family Violence Cases in Hays County Different From Other Criminal Charges

Family violence cases operate under a distinct set of legal rules that do not apply to most other criminal charges, and understanding those rules matters when evaluating your defense options. In Texas, a family violence finding, even one attached to a deferred adjudication or a probation, can never be expunged or sealed from your record. That single fact changes the calculus of every plea negotiation and every motion filed in these cases. A result that might seem acceptable in a simple assault case can be catastrophic in a family violence case if it carries that finding.

Beyond the criminal case itself, a family violence charge in Hays County typically triggers a parallel civil process through the family courts. Protective orders, whether emergency or long-term, are civil instruments issued by district court judges, and they carry their own enforcement mechanisms. A violation of a protective order, even an inadvertent one, is itself a separate criminal offense. If you have children in common with the complaining witness, the criminal case and any ongoing family law proceedings will intersect in ways that require coordinated strategy. An attorney focused only on the criminal file without an eye on the broader picture is not fully serving you.

There is also the question of what a family violence conviction or finding means for firearm ownership, federal law prohibits anyone convicted of a qualifying domestic violence offense from possessing a firearm, and that consequence is permanent. For someone who works in law enforcement, the military, a licensed profession, or who simply owns firearms for personal protection or sport, this is not an abstract concern. It is something that must be weighed from the very beginning of the case.

Charges and Circumstances Our Hays County Family Violence Defense Practice Covers

• Assault family violence (Class A misdemeanor): The most common charge arising from domestic disturbances in San Marcos and across Hays County, typically involving allegations of intentional, knowing, or reckless physical contact. Even a first-time charge carries up to a year in county jail and a permanent family violence finding if convicted.
• Assault family violence with prior conviction (third-degree felony): A prior family violence conviction in Texas elevates a subsequent charge from a misdemeanor to a felony automatically, regardless of the severity of the alleged conduct. Under Texas Penal Code provisions, this enhancement applies even to remote prior convictions.
• Aggravated assault family violence: Allegations involving serious bodily injury or use of a deadly weapon elevate the charge to a first or second-degree felony, carrying potential sentences measured in decades. These cases demand immediate, intensive defense work.
• Continuous violence against the family: A separate felony offense under Texas law that does not require any prior conviction, applicable when the state alleges two or more acts of family violence within a twelve-month period. This charge is sometimes filed to circumvent the fact that neither individual incident was charged at the time.
• Interference with emergency request for assistance: Charges arising from allegations that someone prevented a household member from calling 911 or otherwise seeking help during an incident, often added alongside a primary assault charge.
• Violating a protective order: A separate criminal charge that carries its own penalties and can trigger additional conditions, bond revocations, and dramatically complicate an already pending family violence case.
• Strangulation or impeding breathing: Texas law treats impeding normal breathing or circulation as a felony family violence offense, and this charge is increasingly common in cases involving even brief physical altercations. Medical evidence, or lack thereof, becomes central to the defense.
• Cases involving false or exaggerated allegations: Accusations made during divorces, custody disputes, or relationship breakdowns where the underlying motivation is not public safety but leverage in another proceeding. These cases require careful investigation and strategic handling from the outset.

What to Do Right Now If You Have Been Arrested for Family Violence in Hays County

The first thing to understand is that talking to law enforcement beyond giving your name and basic identifying information will not help you, and it can seriously hurt you. Officers responding to a family violence call are documenting everything: what you say, your demeanor, any visible injuries on you or the other person, the condition of the home, and any witnesses. Anything you say to explain what happened, even if it is completely true, can be taken out of context, misrecorded, or used to fill in gaps in the state’s evidence. Invoke your right to remain silent and ask to speak with an attorney before answering any questions about the incident.

If a magistrate has issued an emergency protective order following your arrest, read it carefully and follow it precisely. Emergency protective orders in Texas are typically issued for 31 to 61 days following a family violence arrest, and they will specify distances, prohibited contact, and whether you must vacate a shared residence. Violating those terms, even by exchanging a text message that seems harmless, creates a second criminal case on top of the first one and will complicate every aspect of your defense. If the protected party attempts to contact you, do not respond. That is not a waiver of the order on their part, and it does not protect you from a violation charge.

Family violence cases in Hays County are filed and prosecuted through the Hays County District Attorney’s Office for felony charges and the Hays County Attorney’s Office for misdemeanor matters. Cases are heard in the Hays County district courts and county courts at law located at the Hays County Courthouse in San Marcos. The Hays County Jail on Ranch Road 12 processes most arrests from the county, and bond conditions set at magistration often include protective order terms even before a formal protective order is issued. Understanding which court your case is in and who is handling the prosecution side is one of the first things we determine when a client contacts our office.

Document everything you can remember about the incident: dates, times, locations, witnesses, prior communications, any photographs that existed before law enforcement arrived. If there were text messages, emails, or voicemails from the other party before or after the incident, preserve them. If you sustained any injuries yourself, photograph them and seek medical attention if warranted. Evidence that exists now may not exist later, and the prosecution will be building their file starting immediately after the arrest.

Why Choose The Law Offices of David C. Hardaway for Hays County Family Violence Defense

David Hardaway and his team represent clients across the full range of criminal charges in Hays County and Central Texas, including violent crimes where the stakes are at their highest. Clients who have worked with this firm consistently describe responsive communication, the ability to reach David when they needed answers, and a team that treats each case as something that genuinely matters to them, not just another file moving through the system. Client reviews describe attorneys who investigated cases thoroughly, explained options clearly, and achieved dismissals in cases where clients feared far worse outcomes.

The firm handles cases in Hays County’s district and county courts with the kind of local familiarity that comes from regular practice in those courts. Knowing how prosecutors in the Hays County DA’s office approach family violence cases, what evidence they prioritize, and how judges in those courtrooms manage these cases is the kind of working knowledge that shapes real defense strategy. The firm’s geographic reach across Central Texas, with offices in San Marcos and additional locations serving the region, means that clients from Kyle to Wimberley to Buda have access to consistent, experienced representation without having to look outside the county for qualified counsel.

For clients whose criminal case intersects with a divorce or custody proceeding, the firm’s experience across the range of criminal charges that arise in those situations means nothing gets addressed in isolation. That kind of coordinated attention is what family violence cases in Hays County actually require, and it is what this firm delivers.

Questions People Ask About Family Violence Charges in Hays County

Can the person who called the police drop the charges against me?

No. Once a family violence arrest is made in Hays County, the decision to pursue or drop charges belongs to the prosecutor, not the alleged victim. The complaining witness can contact the DA’s office and express a desire not to proceed, and that can influence prosecutorial decisions, but it does not end the case automatically. Prosecutors are trained to anticipate this and often have procedures for building cases independent of victim cooperation, including use of the officer’s body camera footage, medical records, and the defendant’s own statements.

What is a family violence finding and why does it matter so much?

A family violence finding is a judicial determination, attached to a conviction, deferred adjudication, or certain other dispositions, that the offense constituted family violence under Texas law. This finding is significant because it permanently bars expunction or non-disclosure of the offense, it can be used to enhance any future family violence charge to a felony, and it triggers the federal firearm prohibition under the Lautenberg Amendment. Avoiding this finding, even when a plea to some charge is otherwise unavoidable, is often a central goal in these negotiations.

I was also injured during the incident. Does that matter for my defense?

Yes, it can matter significantly. Texas law allows for a “primary aggressor” analysis when both parties have injuries, and officers are supposed to evaluate who was the primary physical aggressor rather than simply arresting both people or the person the other party first complained about. If you were defending yourself or were actually the person who sustained the more serious injury, that evidence should be gathered and preserved immediately. Photographs, medical records, and witness accounts all become part of that picture.

Will a family violence charge affect my professional license in Texas?

Potentially, yes. Many licensed professions in Texas, including nurses, teachers, peace officers, attorneys, social workers, and others, require holders to report arrests and certain criminal dispositions to the relevant licensing board. A family violence conviction, or in some cases even a deferred adjudication, can trigger a board investigation and disciplinary proceedings separate from the criminal case. If you hold a professional license, this consequence should be part of the strategic discussion from the beginning, not something addressed after the criminal case is resolved.

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

Misdemeanor family violence cases in the Hays County courts at law can move relatively quickly if the facts are straightforward and a disposition is negotiated early, but contested cases or cases involving more complex evidence may take six months to over a year. Felony family violence cases in district court typically take longer, particularly when pre-trial motions, grand jury proceedings, and discovery disputes are involved. Cases that go to trial operate on a separate timeline entirely. The pace of any individual case depends on the court’s docket, the strength of the evidence, and the defense strategy being employed.

Can I be convicted if the alleged victim recants their statement?

Yes. Prosecutors in family violence cases regularly handle recanting witnesses, and they have tools to proceed without the victim’s live testimony in some circumstances. Prior statements made to officers at the scene, recorded on body cameras, or given in written form may be admissible even if the witness later changes their account. The admissibility of those prior statements is a complex evidentiary question that often becomes a major battleground in these cases. A recantation does not guarantee dismissal, but it is significant evidence that an experienced defense attorney can use effectively.

What happens to the protective order if the criminal charge is dismissed?

An emergency protective order issued at the time of arrest will expire on its own terms, typically within 31 to 61 days. A magistrate’s order of emergency protection runs separately from any longer-term civil protective order sought through the district court. If the DA’s office dismisses the criminal charge, that does not automatically vacate a civil protective order that has already been issued. Civil protective orders require their own proceedings to modify or dissolve, and that process runs through the family law courts in Hays County rather than the criminal courts.

Are there diversion programs available for first-time family violence offenders in Hays County?

Hays County, like many Texas counties, has developed intervention programs for certain first-time offenders that may offer an alternative path to resolution in eligible cases. Whether a specific defendant qualifies depends on the nature of the charge, the individual’s criminal history, and prosecutorial discretion. These programs are not available in every case, and acceptance into one does not happen automatically. Determining whether a diversion or intervention program is a viable option and advocating for access to it is part of what defense counsel does in these cases.

Can I own a firearm while my family violence case is pending?

Texas law and federal law have different rules on this point, and the terms of your bond or a protective order may impose their own firearms restrictions as a condition of release. An emergency protective order in Texas often requires you to surrender any firearms in your possession. Even if it does not explicitly say so, a federal statute prohibits possession of firearms by someone subject to certain qualifying protective orders. You should not assume you can retain firearms during a pending family violence case without specific legal guidance on your individual situation.

What if the incident happened at a hotel, a friend’s house, or somewhere other than a shared home?

The location of a family violence incident does not determine whether the family violence statute applies. Texas defines family violence by the relationship between the parties, not by where the conduct occurred. If the alleged conduct involved a current or former spouse, a dating partner, a household member, or a family member by blood or adoption, it qualifies as family violence regardless of whether it happened at home, in a parking lot, or anywhere else. The relationship element is what matters, and it is established by the prosecution through evidence of how the parties know each other.

Hays County Family Violence Defense Representation Across the Region

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout Hays County and the surrounding communities of Central Texas. Our practice covers San Marcos, where the Hays County Courthouse handles criminal cases filed by both the District Attorney and County Attorney. We regularly represent clients from Kyle and Buda, two of the fastest-growing cities in the county, where law enforcement activity has expanded significantly alongside the population. Clients from Wimberley, Woodcreek, Uhland, Manchaca, and the unincorporated areas of the county come to us for the same focused representation as those living in the larger cities.

Beyond Hays County, we defend family violence cases in neighboring Comal County, including New Braunfels and Canyon Lake. We handle cases in Caldwell County, including Lockhart and Luling. Clients from Guadalupe County, including Seguin, Schertz, and Cibolo, are well within our regular service area. Our offices in Fredericksburg serve clients in Gillespie County and the Hill Country communities to the west, and our Brenham office serves Washington County and the surrounding region. We also handle cases in Travis County, Williamson County, and other Central Texas jurisdictions when clients need representation that carries through from arrest to final resolution.

Talk to a Hays County Family Violence Attorney Before Anything Else

The period immediately following a family violence arrest is not the time to wait and see how things develop. Protective orders restrict where you can live. Bond conditions shape what you can do. The prosecution begins building its case from the moment officers leave the scene. A Hays County family violence attorney at The Law Offices of David C. Hardaway can review your situation, explain what you are actually facing, and start working on your defense before critical evidence disappears or procedural deadlines pass.

We give our clients straight answers, consistent communication, and representation that is built around the specific facts of their case. Contact our office to schedule a confidential consultation and get a clear picture of where things stand and what can be done about it.