Lee County Family Violence Lawyer

A family violence charge in Lee County does not follow the same path as other criminal cases. From the moment police respond to a call, specific procedures kick in that limit what you can say, where you can go, and who you can contact. By the time someone calls our office, they are often already dealing with a protective order, a no-contact condition, or both, and they have no idea how any of it actually works. That is the reality our clients walk in with, and that is what a Lee County family violence lawyer has to be prepared to address from day one.

Texas law treats family violence offenses as a distinct category with consequences that reach well beyond the immediate criminal charge. A conviction, or even a deferred adjudication, can affect your right to possess a firearm under federal law, your standing in a custody proceeding, your housing situation, and your professional license. Courts in Lee County handle these cases under rules that are different from a standard assault case, and the dynamics between the criminal case and any related civil proceedings complicate things further. Understanding where one ends and the other begins matters enormously.

The Law Offices of David C. Hardaway represents people charged with family violence offenses in Lee County and throughout Central Texas. We know how these cases are built, what the prosecution typically relies on, and where the evidence often has real problems. Our approach is direct: we look at what actually happened, what the state can and cannot prove, and what defense strategy gives you the strongest footing going forward.

What Lee County Family Violence Cases Actually Involve

• Assault Family Violence: The most frequently charged family violence offense in Texas, covering physical contact that causes pain or injury to a family member, household member, or dating partner. Under Texas Penal Code Chapter 22, even minor contact can trigger a charge if the other party claims it was offensive or provocative. A first offense is typically a Class A misdemeanor, but prior family violence findings elevate it to a felony.
• Continuous Family Violence: Texas law creates a separate third-degree felony charge when a person commits two or more family violence assaults against the same person within a twelve-month period. Prosecutors use this charge when they want to bypass the misdemeanor level entirely and pursue felony consequences from the outset.
• Aggravated Assault Family Violence: When a weapon is involved or serious bodily injury results, the charge escalates to aggravated assault, which is a first or second-degree felony depending on the circumstances. These cases carry potential prison sentences measured in decades, not months.
• Protective Order Violations: Courts regularly issue emergency protective orders the night of an arrest. Violating one, even incidentally by sending a text or appearing near a shared residence, is a separate criminal offense that prosecutors take seriously. A violation can compound an already difficult situation quickly.
• Strangulation Offenses: Texas specifically addresses impeding a person’s breathing or circulation as an aggravated family violence offense. Even without visible injury, this charge carries felony-level consequences and is prosecuted aggressively in most jurisdictions.
• Dating Violence Situations: Family violence law in Texas covers people in current or past romantic relationships, not just married couples or those sharing a home. This means people in dating relationships have the same legal exposure as married or cohabiting partners, and the same consequences apply.
• Dual Arrest Scenarios: When both parties have injuries or when accounts conflict sharply, law enforcement sometimes arrests both individuals. These situations create complicated dynamics involving cross-complaints, competing claims, and questions about who was actually the primary aggressor.

The Evidence Problems That Matter Most in These Cases

Family violence cases are often built on a combination of a responding officer’s report, photographs taken at the scene, a recorded 911 call, and statements from the people involved. What the state cannot always account for is the reliability of those sources. Statements made in the heat of an emergency call sometimes contradict what was actually happening. Officer observations made hours after an alleged incident can involve disputed injuries, uncertain timelines, or photographs that do not clearly support the account they are supposed to corroborate.

One of the most significant dynamics in family violence prosecution is what happens when the complaining party does not want to move forward. In Texas, the state can prosecute a family violence case even when the alleged victim refuses to cooperate or recants their account. Prosecutors call it “victimless prosecution,” and they use prior statements, 911 recordings, medical records, and officer testimony to build a case without a cooperative witness. This surprises many people who believe the case will simply go away if the other person does not want to pursue it. It does not work that way, and counting on that outcome without a real defense strategy is a serious mistake.

There are also constitutional issues that arise in these cases more often than people expect. When an officer enters a home without a valid basis, evidence collected inside can be challenged. When statements were taken without proper advisement of rights, the admissibility of those statements is a legitimate question. Working through the facts carefully with a family violence attorney in Lee County who knows how to identify these issues is the only way to understand whether they apply in your situation.

What to Do Right Now If You Have Been Charged

The days immediately after a family violence arrest are critical. An emergency protective order may have been issued the night of the arrest, and violating it even accidentally has immediate consequences. Read whatever paperwork you were given at release carefully and follow its terms exactly, regardless of how the other party communicates with you. If you are not certain what the order requires, that question needs to go to your attorney before you do anything else.

Lee County criminal cases, including family violence matters, move through the district and county courts in Giddings, the Lee County seat. The Lee County Courthouse is located in downtown Giddings, and criminal matters flow through the district court system for felony-level charges and the county court for misdemeanors. Court dates can come up faster than people expect, and appearing without representation at an early setting, even just for arraignment, can limit your options before you have had any real chance to assess your case.

Preserve anything that might be relevant to your defense: text messages, emails, photographs, social media communications, and voicemails. Do not delete anything, and do not assume something is irrelevant. Screenshots with timestamps are especially useful. Write down your own account of what happened while the details are still clear, and share that account only with your attorney, not with family, friends, or anyone else. Statements made outside of the attorney-client relationship have no protection.

One of the most common mistakes in these cases is attempting to contact the other party to resolve things directly or to clarify the situation. That approach almost never works the way people hope, and it often results in an additional violation charge or statements that the prosecution later uses. The time to communicate is after a defense attorney has evaluated the situation and advised on whether and how that contact makes sense.

Why the Hardaway Firm Handles These Cases the Way It Does

The Law Offices of David C. Hardaway serves clients across Lee County and the broader Central Texas region. Our clients describe us as direct, genuinely engaged, and accessible. Robb M. noted that he was always able to reach David when he needed him, and that the team was sensitive to the nature of his situation. That kind of communication matters in a family violence case because the case keeps moving, conditions change, and clients need to understand exactly where things stand at each stage.

Jason K., whose case was dismissed rather than resolved by conviction, described a team that listened, investigated, and believed in him. That process, listening carefully and investigating the actual facts, is what separates a defense built on the real record from one built on assumptions. Every family violence case turns on specific facts: what was said, what was documented, what the physical evidence actually shows, and whether the state’s account holds together under scrutiny. Our approach to cases across Hays, Guadalupe, Caldwell, and the surrounding counties reflects that same standard of preparation and investigation.

Oliver O. wrote that Mr. Hardaway was professional but empathetic, guiding his family through the entire process and being available for every question along the way. That is the experience we aim to deliver for every client facing a family violence charge in Lee County, whether it is a first-time misdemeanor or a felony-level allegation with serious long-term consequences on the line.

Questions People Ask About Family Violence Charges in Lee County

Can the charges be dropped if the other person does not want to press charges?

This is one of the most misunderstood aspects of family violence cases in Texas. Charges are filed by the state, not by the alleged victim. Once a case is referred to the district attorney’s office, the prosecution has the authority to move forward regardless of the other party’s wishes. Prosecutors in Texas regularly pursue these cases using recorded calls, officer testimony, and physical evidence when the complaining party is unavailable or uncooperative.

What happens to a protective order that was issued at my arrest?

An emergency protective order issued the night of an arrest is typically effective for a short period, usually between 31 and 61 days depending on the circumstances. After that period, the other party may seek a longer-term civil protective order through the district court. Those proceedings are separate from the criminal case, and you have the right to respond. Ignoring a protective order hearing can result in a final order being entered without your input.

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

Texas family courts treat a finding of family violence as directly relevant to custody determinations. A criminal conviction or even a deferred adjudication involving family violence can be used in a custody proceeding to argue that sole or joint custody by the charged party is not in the child’s best interest. Courts are also required by statute to consider evidence of family violence when making conservatorship decisions, which means the criminal and family cases are closely linked.

Will a family violence conviction affect my right to own a firearm?

Yes, and this is a consequence many people do not consider until it is too late. Under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits the convicted person from possessing or purchasing firearms. This applies regardless of what state the conviction occurred in and regardless of whether the offense was classified as a misdemeanor at the state level. Law enforcement officers and others in professions requiring firearms access face immediate career consequences from this prohibition.

What is the difference between a deferred adjudication and a conviction for a family violence charge in Texas?

Deferred adjudication allows a person to plead guilty or no contest, complete community supervision, and then have the case dismissed without a formal conviction on the record. However, for family violence specifically, Texas law includes the concept of a “finding of family violence” that attaches even with deferred adjudication. That finding can elevate future charges and affect civil proceedings, so deferred adjudication is not automatically the ideal resolution in every family violence case. A thorough analysis of your specific situation is needed before any decision is made.

What if both people were injured? How does that affect the case?

When both parties have injuries or both claim the other was the aggressor, the prosecution still has to identify a primary aggressor and decide who to charge. This analysis involves reviewing the severity of injuries, the history of the relationship, any pattern of prior incidents, and the statements made at the scene. If both parties were arrested, each may end up with separate cases that proceed independently. Defense strategy in a dual-arrest scenario is particularly important because actions taken in one case can affect the other.

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

Expunction in Texas is generally available only when charges are dismissed outright or when a person is acquitted after trial. A case that ends in deferred adjudication or conviction is not eligible for expunction. Given the limitations on clearing these charges from a record, the outcome of the criminal case itself matters enormously. Pursuing a dismissal or acquittal, rather than accepting a plea because it seems like the easier path, may have significant long-term advantages depending on the facts of the case.

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

Case timelines in Lee County courts vary based on complexity, court scheduling, and whether the case goes to trial. Misdemeanor cases may move more quickly than felony matters, but cases involving contested evidence, expert analysis, or complicated protective order proceedings can extend for many months. Accepting an early plea simply to end the process faster is rarely a good strategy when the consequences of that plea follow you indefinitely.

Does a family violence charge affect professional licenses?

Many professional licensing boards in Texas have provisions that require disclosure of criminal charges or convictions involving family violence. This includes licensing for healthcare professionals, teachers, peace officers, attorneys, and others holding state-issued licenses. The licensing board’s response to a family violence finding varies by profession and by the specific facts, but it is an issue that needs to be factored into defense strategy from the beginning, not after a plea has already been entered.

What if the incident happened at a shared residence I need to return to?

A protective order or no-contact condition often prohibits the charged party from returning to a shared home, even if their name is on the lease or mortgage. This creates immediate housing and property access problems that need to be addressed through proper legal channels. An attorney can help you understand what avenues are available for addressing personal property retrieval, lease obligations, and housing alternatives while the order remains in place. Attempting to resolve this situation on your own by returning to the property violates the order and creates new criminal exposure.

Serving Lee County and Central Texas Clients Facing Family Violence Charges

The Law Offices of David C. Hardaway represents clients throughout Lee County, including Giddings, Lexington, Dime Box, Elgin, and the communities throughout the county’s rural areas. Our representation extends across the full Central Texas corridor. Clients come to us from Hays County, including San Marcos, Kyle, and Buda, as well as from Caldwell County and the Lockhart area, Guadalupe County and the Seguin region, and Comal County. We also serve clients from Bastrop County and Bastrop itself, from Williamson County communities including Round Rock, Georgetown, and Taylor, and from the Austin area throughout Travis County.

East of the I-35 corridor, we represent clients in Gonzales County and the communities of Gonzales and Cuero, as well as clients in Fayette County and La Grange. Our offices in San Marcos and Fredericksburg allow us to handle matters across the Hill Country and into Washington County, where our Brenham office serves clients from Brenham, Chappell Hill, and the surrounding communities. Clients from Madison County, Burleson County, Grimes County, and Lee County have all relied on our firm for criminal defense representation. The Lee County courthouse in Giddings is a drive we make when our clients need us there.

Talk to a Lee County Family Violence Attorney About Your Situation

A Lee County family violence attorney from our office will give you a straight account of what you are facing, what options actually exist, and what a realistic defense looks like for your case. We do not offer reassurances we cannot back up, and we do not walk away from hard facts. What we do is work through the evidence carefully, identify where the state’s case has real vulnerabilities, and build a defense that reflects the full picture of what happened. Contact The Law Offices of David C. Hardaway to schedule a confidential consultation and get the direct answers you need.