New Braunfels Family Violence Lawyer

A family violence arrest in New Braunfels can upend your life before a single hearing is scheduled. Within hours of an arrest, a magistrate can issue an emergency protective order barring you from your own home, separating you from your children, and placing conditions on your movement that affect your job, your housing, and your ability to see your family. All of that happens before you have spoken to an attorney, before any evidence is weighed, and before any court has found you guilty of anything. What you do in the days immediately following an arrest shapes everything that comes after.

The Law Offices of David C. Hardaway defends people accused of family violence offenses throughout Comal County and the surrounding region. As a New Braunfels family violence lawyer, David Hardaway focuses on the actual facts of each case, the credibility of allegations, the strength of the evidence the prosecution intends to use, and the procedural history of the protective orders and bond conditions already in place. This is not a passive process. Defense work in these cases begins immediately and runs through every stage of the criminal proceeding.

Comal County prosecutors treat family violence cases seriously. Many are filed and prosecuted even when the complaining witness recants or requests dismissal, because Texas law allows prosecution to proceed on other evidence. That reality means the defense cannot afford to wait and see what happens. It requires a direct, strategic response from day one.

What Family Violence Charges Actually Look Like in Comal County

• Assault – Family Member (Class A Misdemeanor): The most frequently filed family violence charge in Texas, covering intentional, knowing, or reckless bodily injury to a household member, current or former spouse, or dating partner. Even a first-time misdemeanor conviction carries a lifetime federal firearms prohibition under federal law, which many people do not realize until it is too late.
• Assault – Family Member with Prior Conviction: A second family violence conviction in Texas is elevated to a third-degree felony regardless of the severity of the alleged conduct. Prosecutors in Comal County actively search prior conviction history, including out-of-state records, before filing.
• Continuous Violence Against the Family: A third-degree felony charge that covers two or more acts of family violence within a twelve-month period, even if neither incident resulted in a prior conviction. This charge often appears when complainants describe a pattern rather than a single incident.
• Aggravated Assault – Family Member: A first or second-degree felony when serious bodily injury or a deadly weapon is alleged. These cases are handled at the district court level and carry potential prison sentences measured in decades, not months.
• Violation of a Protective Order: A separate criminal charge that can be filed even when the underlying family violence case is still pending. Comal County courts and law enforcement treat protective order violations as standalone offenses, and a violation can result in immediate arrest and enhanced bond conditions.
• Interference with an Emergency Call: Often charged alongside assault offenses when a 911 call was allegedly interrupted or prevented. This adds a separate misdemeanor charge and gives prosecutors additional leverage at the charging stage.
• Stalking: A third-degree felony in Texas that can arise from conduct that began as a domestic dispute and escalated after separation. Comal County prosecutors may bundle stalking allegations with a pattern of protective order violations.

Why The Law Offices of David C. Hardaway for a New Braunfels Family Violence Case

David Hardaway is a Central Texas criminal defense attorney with a practice built on the kind of case-by-case attention that complex, emotionally charged matters demand. Client after client has noted not just outcomes, but communication: being able to reach him, getting straight answers, and having their case treated like it actually mattered. One client described his team as having “attention to detail that is unsurpassed,” and described a result where his case was dismissed rather than settled for a conviction. Another noted that David was “always able to get ahold of” and that his staff was “polite and sensitive” to the specific circumstances of the case.

Family violence defense requires that kind of attention because the facts are almost never clean. These cases typically involve relationships with complicated histories, conflicting accounts, emotional stakes on both sides, and evidence that ranges from law enforcement body camera footage to medical records to text message threads. A defense attorney who has not read every piece of discovery, spoken at length with the client, and thought carefully about what actually happened cannot effectively challenge any of it. David Hardaway and his team approach these cases with the thoroughness that the client quoted above recognized: investigation, belief in the client, and the work it takes to turn that into results.

The firm’s representation extends across Comal County, Hays County, Guadalupe County, and the broader Central Texas region, giving them direct familiarity with the prosecutors, courts, and procedures that govern how New Braunfels family violence cases are handled from arrest through trial or resolution.

Protective Orders, Bond Conditions, and the First Seventy-Two Hours

When someone is arrested for a family violence offense in New Braunfels, a magistrate typically issues an emergency protective order at or shortly after the time of arrest. That order can prohibit contact with the alleged victim, bar the accused from their own residence, and set distance requirements that interfere with work, childcare, or caregiving responsibilities. The order goes into effect immediately and remains in place during the pendency of the case unless modified by a court.

In Comal County, the 274th Judicial District Court and the county courts at law handle different levels of family violence charges. Misdemeanor assaults typically start in the county courts, while felony charges, including aggravated assault and continuous violence against the family, are handled at the district level. Understanding which court has jurisdiction, who the prosecutors assigned to family violence cases are, and how bond modification hearings are typically handled in that courthouse matters from the first day.

One of the most common mistakes people make after a family violence arrest is attempting to contact the complaining witness directly, either to reconcile, to clarify what happened, or because they believe the complainant wants contact. Any communication that violates a protective order, even if the other party initiates it, can result in an immediate new charge. It can also devastate credibility and give the prosecutor powerful additional evidence. The protective order must be taken seriously as a legal document, not as something that softens once emotions settle.

Gathering documentation matters early. Text message conversations, social media exchanges, photographs, witness contact information, and any records of prior 911 calls to the residence can all be critical to the defense. Memories fade, phones get replaced, and digital records can be overwritten. The sooner an attorney can identify what evidence exists and preserve it, the better positioned the defense will be at every subsequent stage.

How Texas Family Violence Cases Are Actually Prosecuted and Defended

Texas law permits prosecutors to pursue a family violence case even when the complaining witness recants, refuses to cooperate, or requests that charges be dropped. This is sometimes called “victimless prosecution” or evidence-based prosecution, and it is common in Comal County. Prosecutors use the police report, officer observations at the scene, photographs of alleged injuries, 911 call recordings, and any statements the complainant made before changing their position. The defense must evaluate every one of those sources and identify where they are weak, inconsistent, or insufficient to prove the case beyond a reasonable doubt.

Challenging the reliability of the state’s evidence takes different forms depending on the case. An injury that officers documented at the scene may have a plausible alternative explanation. A 911 call made in a moment of anger may not accurately reflect what happened. Officer testimony about what they observed may conflict with body camera footage. Prior inconsistent statements by the complainant can be used by the defense to challenge the prosecution’s narrative at trial. These are not abstract legal theories; they are the actual tools a New Braunfels family violence attorney uses when preparing for trial or negotiating with prosecutors.

Family violence convictions in Texas carry collateral consequences that extend well beyond sentencing. A conviction results in a permanent, federally mandated firearms prohibition. It can affect professional licensing, security clearances, immigration status, and child custody proceedings in family court. These downstream effects often matter as much as the criminal sentence itself, and they are part of what any competent defense strategy has to account for.

Questions People Ask About Family Violence Cases in New Braunfels

Can the charges be dropped if my partner does not want to press them?

In Texas, the decision to pursue charges belongs to the prosecutor, not the complaining witness. Prosecutors in Comal County regularly proceed with family violence cases even when the alleged victim recants or refuses to participate. The complainant can express their wishes to the prosecutor, but that expression does not obligate the state to dismiss. Defense strategy cannot assume that the case will go away because the other party does not want it to continue.

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

A family violence finding is a designation that can be entered not just through a conviction but also through deferred adjudication in Texas. If your case resolves through deferred adjudication and the court includes a family violence finding, that finding follows you and carries the same federal firearms prohibition as a conviction. Understanding what any proposed resolution actually includes, beyond just the sentence, is critical before accepting any deal.

Will I have a criminal record if I complete deferred adjudication?

Deferred adjudication in Texas does not result in a conviction if the terms are successfully completed. However, a family violence case disposed of through deferred adjudication is not eligible for expunction, and the record of the arrest and deferred adjudication remains accessible. It can affect background checks for employment, housing, and professional licensing even after successful completion.

What happens to my children during a family violence case?

A family violence arrest can trigger parallel proceedings. Child Protective Services may open an investigation independent of the criminal case. Protective orders may include provisions relating to the children. If there is already an ongoing family court matter involving custody or visitation, the family violence arrest will almost certainly be raised in those proceedings. The criminal and civil family law tracks operate independently but interact in ways that require coordinated attention.

I was the one who called 911, but I got arrested. How does that happen?

Texas law does not automatically protect the person who called 911. Officers who respond to a family violence scene are required to make an arrest if they believe family violence has occurred and there is evidence of injury. If the responding officer concluded that you were the primary aggressor, or if injuries or other evidence pointed in that direction, you could be arrested even though you initiated the call. These dual-arrest or cross-complaint situations require careful defense analysis from the beginning.

How long will a protective order stay in place?

An emergency protective order issued at the time of arrest typically lasts between 31 and 91 days in Texas. A magistrate’s order of emergency protection lasts a minimum of 31 days and may be extended. A separate civil protective order, if sought by the alleged victim through family court, can last up to two years and is potentially renewable. The criminal and civil protective order tracks are separate, and the expiration of one does not eliminate the other.

Can I get back into my house if I was removed by a protective order?

A protective order that prohibits you from returning to your residence can sometimes be modified through a motion filed with the issuing court, particularly if the order was based on incorrect or incomplete information. These modifications are not automatic and require a hearing. In the meantime, violating the order to retrieve property or return home is a separate criminal offense regardless of whose name is on the lease or mortgage.

Does a family violence charge affect my ability to own a firearm?

Yes. Under federal law, a conviction for a misdemeanor crime of domestic violence permanently prohibits possession of firearms or ammunition. This prohibition applies regardless of state law and survives any state-level restoration of rights. A family violence finding entered as part of deferred adjudication may also trigger this prohibition. Anyone who works in law enforcement, security, or the military, or who holds a license to carry, should understand the full scope of these consequences before resolving any family violence case.

What if both parties were involved in the altercation?

Texas allows for mutual combat scenarios to be raised as part of the defense, and self-defense applies in family violence cases. If you used force to defend yourself from an attack, that claim must be thoroughly developed through witness accounts, physical evidence, and any documentation of prior incidents. Self-defense is a complete defense in Texas if properly established, and the burden shifts to the prosecution to disprove it beyond a reasonable doubt once the defense is raised.

How long do family violence cases typically take in Comal County?

Timelines vary based on whether the charge is a misdemeanor or felony, the volume of discovery involved, and the posture of the case. Misdemeanor cases in the Comal County courts can sometimes resolve within several months. Felony cases at the district court level often take longer, particularly when investigation or trial preparation is extensive. Cases that proceed to trial take longer still. A family violence defense attorney serving New Braunfels can give a more realistic estimate after reviewing the specific charges and the status of the case.

Serving New Braunfels and Comal County Family Violence Clients Throughout the Region

The Law Offices of David C. Hardaway represents clients charged with family violence offenses throughout New Braunfels, including cases arising in the Canyon Lake area, the Fischer Road corridor, the Loop 337 residential communities, and neighborhoods throughout the city from downtown New Braunfels to the fast-growing subdivisions along State Highway 46 toward Bulverde and Spring Branch. Clients from Garden Ridge, Schertz, Cibolo, and the communities along FM 3009 also regularly retain the firm for Comal County cases.

The firm’s geographic reach extends to adjacent counties where family violence charges frequently arise. In Guadalupe County, the firm represents clients from Seguin and surrounding communities appearing before the Guadalupe County courts. In Hays County, the firm handles cases originating in San Marcos, Kyle, Buda, and Wimberley through the Hays County courts. Cases arising in Bexar County, Caldwell County, and Gonzales County are also within the firm’s service area. The office in downtown San Marcos, located conveniently off Interstate 35, serves as a central point for clients traveling from throughout the region, with State Highway 123 providing a direct route for those coming from Seguin and Guadalupe County.

Contact a New Braunfels Family Violence Attorney About Your Case

A family violence charge in Comal County demands immediate, focused attention from someone who understands how these cases develop and what the prosecution is likely to do next. The Law Offices of David C. Hardaway provides direct, substantive criminal defense representation for clients facing these charges throughout New Braunfels and the surrounding region. As your New Braunfels family violence attorney, David Hardaway will evaluate the evidence, analyze the protective orders and bond conditions already in place, and begin building a defense strategy specific to your situation. Contact the office to schedule a confidential consultation and get a clear picture of where your case stands and what can be done about it.