Kerrville Family Violence Lawyer

A family violence charge in Kerrville carries weight that reaches far beyond the courtroom. A conviction, or even a deferred adjudication, can strip you of firearm rights, affect child custody arrangements, trigger automatic protective orders, and follow you through background checks for employment and housing. The Kerrville family violence lawyer you choose to work with needs to understand not just the law, but the specific way these cases are handled in Kerr County courts and why early, deliberate action makes a measurable difference.

Texas takes a firm position on family violence cases. Prosecutors in Kerr County often move forward on these charges even when the alleged victim recants or declines to cooperate. That means the burden of building a real defense falls squarely on your attorney, starting from the moment of arrest. Waiting to see how things shake out is one of the most costly mistakes people make when facing these charges.

At The Law Offices of David C. Hardaway, we defend people charged with family violence and assault offenses throughout the Hill Country and Kerr County. We understand how these charges are built, where the evidence tends to be weakest, and how to challenge the prosecution’s case before it ever reaches a jury.

Family Violence Charges in Kerr County: What the Law Actually Covers

Texas law defines family violence broadly. It includes physical harm or threats of harm between spouses, former spouses, people in a dating relationship, household members, and family members related by blood or marriage. That scope means that charges often arise from situations involving roommates, on-and-off partners, or extended family, not just traditional domestic relationships.

The specific charge depends on the facts. Misdemeanor assault by contact covers situations where no visible injury resulted. Class A misdemeanor assault is the most common charge when injury is alleged. When a prior conviction exists, a strangulation allegation is added, or a weapon is involved, the charge escalates to a third-degree felony or higher. Each step up the ladder brings longer potential incarceration, heavier fines, and a more permanent mark on your record.

One detail many people overlook: in Texas, a finding of family violence does not require a conviction. Even if charges are dismissed or you receive deferred adjudication without a formal guilty plea, certain consequences may still attach. That is why the outcome you negotiate matters, not just whether you avoid jail time.

Charges a Kerrville Family Violence Attorney Defends Against

• Class A Misdemeanor Assault (Family Member): The most frequently filed charge in domestic incidents, covering intentional, knowing, or reckless bodily injury to a family or household member, punishable by up to one year in county jail and significant fines under Texas Penal Code Chapter 22.
• Assault by Strangulation or Suffocation: Elevates a charge to a third-degree felony when prosecutors allege impeding the breath or blood circulation of a family member, regardless of whether visible injury occurred, making medical and physical evidence disputes central to the defense.
• Aggravated Assault (Family Violence): Charged as a first or second-degree felony when serious bodily injury is alleged or when a deadly weapon is involved, carrying potential sentences that can reach decades in prison.
• Continuous Violence Against the Family: A felony charge that results from two or more family violence incidents within a twelve-month period, even if the underlying acts were themselves misdemeanors, substantially increasing the stakes for anyone with any prior family violence contact.
• Violation of a Protective Order: A separate criminal offense that frequently accompanies family violence cases, triggered by any contact prohibited under an emergency or magistrate’s order, including text messages and social media contact.
• Interference with Emergency Request for Assistance: Charged when someone is alleged to have prevented another person from calling for help during a domestic incident, often stacked with the underlying assault charge.
• Terroristic Threat (Household Member): Filed when a family or household member is alleged to have placed another in fear of imminent serious bodily injury, even when no physical contact occurred.

Why The Law Offices of David C. Hardaway for Kerr County Defense

David Hardaway’s firm handles criminal defense across a wide swath of Central Texas, including the Hill Country counties of Kerr, Gillespie, Llano, and Burnet. This is not a firm that handles family violence cases as an afterthought alongside civil work. Criminal defense is the practice, and Kerr County falls squarely within the geographic footprint the firm has built over years of active representation throughout this region.

Clients who have worked with David Hardaway consistently describe a lawyer who gives them direct, unvarnished assessments of their situation, returns calls when it matters, and treats their case with genuine attention. One client, Jason K., described having his case dismissed entirely after the team investigated thoroughly and believed in him from the start. Edward G. described a complex case where Hardaway “got me off” and noted the attorney’s ability to make a real difference in someone’s future. Robb M. highlighted the accessibility: “I was always able to get ahold of David when needed.” These are the qualities that matter most when you are dealing with a charge that can alter the rest of your life.

The firm’s approach centers on disciplined investigation and motion practice, not just showing up to court and accepting whatever the prosecution offers. That matters in family violence cases because so much of the outcome hinges on how early challenges are made, how evidence is scrutinized, and whether the defense positions itself ahead of the prosecution’s timeline.

What Happens After a Family Violence Arrest in Kerrville

After an arrest in Kerr County, a magistrate will typically review the case within 24 to 48 hours and set bond conditions. In family violence cases, bond conditions almost always include a protective order prohibiting contact with the alleged victim, regardless of whether that person wants the order in place. Violating those conditions is itself a criminal offense, so understanding exactly what you can and cannot do after arrest is critical before you make any contact with anyone involved in the incident.

Criminal cases in Kerr County are handled through the Kerr County District and County Courts. The Kerr County Courthouse is located in Kerrville on Earl Garrett Street. Felony family violence charges move through the 198th or 216th District Courts. Misdemeanor charges are handled in the County Courts at Law. Each court has its own docket pace, and the pace in Kerr County tends to differ from larger urban counties. An attorney who regularly appears in these courts will know the prosecutors, the judges’ tendencies, and how cases typically move from filing through resolution.

Do not give recorded statements to law enforcement after an arrest without consulting an attorney first. Anything you say while trying to explain your side can and will be used to build the prosecution’s case, even if your account is entirely truthful. Preserve any text messages, call logs, social media messages, or other communications that may be relevant to what actually happened. These can be critical to challenging the prosecution’s narrative, but they can also disappear if you are not deliberate about preserving them early.

One of the most common mistakes people make is assuming the case will go away on its own if the alleged victim does not want to press charges. Texas allows prosecutors to move forward independently of the alleged victim’s wishes, and in Kerr County, prosecutors generally do. Another common error is accepting a plea deal without fully understanding that a finding of family violence, even in a deferred case, may permanently affect your ability to possess firearms under both Texas and federal law.

Questions Kerr County Residents Ask About Family Violence Cases

Can my spouse drop the charges against me?

The alleged victim does not control the prosecution. In Texas, once law enforcement makes an arrest and a case is filed with the prosecutor’s office, the decision to proceed or dismiss belongs to the state, not to the individual who made the initial complaint. Prosecutors in Kerr County are generally authorized and often willing to proceed even over an alleged victim’s objection, especially in cases where they believe there is sufficient independent evidence.

What is an emergency protective order and how long does it last?

When someone is arrested for family violence in Texas, a magistrate is required to issue an emergency protective order in most circumstances. These orders typically remain in effect for 31 to 91 days depending on the severity of the alleged offense. Violating the order, even through a third party, constitutes a separate criminal offense. If the protected person wants the order modified or removed, they must petition the court, and the decision belongs to the judge, not to either party.

Will a family violence conviction affect my gun rights?

Yes. Under both Texas law and federal law, a conviction for a family violence offense can result in a lifetime prohibition on possessing firearms. This applies to misdemeanor convictions, not just felonies. Even deferred adjudication can carry firearm restrictions depending on the specific conditions imposed. This consequence alone makes the choice of how to resolve a family violence case extremely consequential, particularly for anyone who owns or uses firearms for work, hunting, or self-defense.

How does a family violence charge affect a child custody case?

In Texas family court, there is a rebuttable presumption against naming a person with a family violence history as a sole managing conservator or joint managing conservator of a child. A criminal conviction or even a finding of family violence in a civil proceeding can directly affect parenting rights in a pending or future custody case. Resolving the criminal case in a way that avoids a family violence finding is often strategically important for anyone who has or anticipates a custody dispute.

What if the alleged victim is lying or exaggerating what happened?

False or exaggerated allegations do occur in family violence cases, and they are a recognized challenge for the defense. The defense strategy in these situations often focuses on inconsistencies in the alleged victim’s statements, physical evidence that contradicts the account, witness testimony, and documentary evidence like communications that show the context of the relationship and the incident. These cases are difficult to defend without thorough investigation, which is why early and methodical case building matters.

Is deferred adjudication a safe outcome in a family violence case?

Deferred adjudication avoids a formal conviction, but it is not without consequences in family violence cases. Texas law treats a deferred adjudication as a finding of family violence for purposes of certain collateral consequences, including the enhancement of future charges and certain restrictions on firearm possession. It will also appear on your criminal history. Whether deferred adjudication is the right outcome depends heavily on the specific charge, your background, and your long-term goals, which is a conversation that requires individualized legal analysis.

Can body camera footage or 911 recordings help my defense?

Absolutely. Law enforcement body camera footage, 911 call recordings, and dispatch records can be among the most useful evidence in a family violence defense. These materials often capture the immediate aftermath of an incident, including statements made by the alleged victim, the physical appearance of both parties, and the behavior of officers on scene. They can corroborate your account, reveal inconsistencies in the prosecution’s case, or document that no injury was visible despite what the report states. These records must be requested promptly through discovery before they are overwritten or destroyed.

How long will a family violence case take to resolve in Kerr County?

Timelines vary widely. A misdemeanor case that resolves through negotiation might conclude within a few months. Felony cases, or those heading toward trial, typically take longer, sometimes a year or more depending on court scheduling and the complexity of the evidence. Kerr County courts have a different docket volume than a major metropolitan county like Travis or Bexar, which can affect how quickly cases are scheduled. Your attorney’s relationship with the court and the prosecutor’s office also influences how efficiently a case moves.

What happens if there is a protective order in place and the other person contacts me first?

This situation arises frequently, and the answer is important: the existence of a protective order protects against contact by the person named as the restrained party. It does not matter if the protected party initiates contact. If you respond to a text, answer a call, or meet with someone you are prohibited from contacting, you may still face a violation charge. Document any contact initiated by the protected party and report it to your attorney immediately, but do not respond directly until you have spoken with counsel about how to handle it.

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

Expunction of a family violence offense is generally available only in narrow circumstances, such as when charges were dismissed without any finding of family violence, or when a person was acquitted at trial. If a deferred adjudication was granted with a family violence finding, expunction is typically not available. Orders of nondisclosure have their own limitations when family violence is involved. This is another reason why the manner of resolution matters far more than simply avoiding jail time.

Serving Kerr County and Hill Country Communities Facing Family Violence Charges

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout Kerr County and the surrounding Hill Country region. In Kerrville itself, we work with clients from neighborhoods near the Guadalupe River, the area around Schreiner University, communities along Junction Highway, and the residential areas stretching toward Ingram. We also serve clients throughout the rest of Kerr County, including Ingram, Center Point, Hunt, Mountain Home, and Comfort.

Our reach extends through the Hill Country into Gillespie County, where clients come to us from Fredericksburg and the surrounding communities. We represent clients in Llano County, including Llano and Kingsland, and throughout the Highland Lakes area around Marble Falls and Burnet in Burnet County. To the south and east, we handle cases in Bandera County, Medina County, and into the broader region connecting the Hill Country to the I-35 corridor. Clients from Real County, Edwards County, and Mason County also reach out to our firm when facing serious criminal charges with no straightforward answers at home.

Family violence cases in the Hill Country often carry unique dynamics. Communities are close-knit. Word travels fast. The courts are smaller and more familiar. That environment makes it even more important to have a defense attorney who knows these courts, who appears in them regularly, and who understands how to navigate these cases without making the situation worse through missteps in the local system.

Talk to a Kerrville Family Violence Attorney Before You Make Any Decisions

The decisions made in the first days after a family violence arrest shape everything that follows, from bond conditions to how the prosecution builds its case. A Kerrville family violence attorney from The Law Offices of David C. Hardaway can give you a clear picture of what you are facing, what your options actually look like, and what a defense built around your specific facts would involve. This is not a situation where waiting, hoping for the best, or trying to handle things informally is likely to work out well. Contact our office to schedule a confidential consultation and get the direct answers you need right now.