Schertz Family Violence Lawyer

A family violence charge in Schertz carries weight that extends far beyond the courtroom. What begins as a domestic dispute or a misunderstood altercation can quickly become a criminal case with consequences that touch every part of your life: your job, your housing, your ability to see your children, and your permanent record. Texas treats family violence offenses seriously, and Guadalupe County prosecutors are not inclined to dismiss these cases simply because the complainant later recants or changes their story. Once a charge is filed, the state can proceed without the alleged victim’s cooperation. That means you need a defense that is built around the actual evidence, not around hoping the other person backs down. Schertz family violence lawyers who understand how these cases are investigated, charged, and tried in Guadalupe County can make a decisive difference in what happens to you.

At The Law Offices of David C. Hardaway, we represent people throughout the Schertz area, Guadalupe County, and across Central Texas who are facing family violence allegations. We know how these cases develop, how protective orders get issued, how bond conditions restrict your freedom before any conviction, and how prosecutors build their cases even when evidence is thin. Our approach is direct: we tell you where you stand, we identify the actual weaknesses in the state’s case, and we develop a defense strategy specific to your facts. Nothing about this process is routine, and we do not treat it that way.

If you have been arrested or believe you may be charged with a family violence offense in Schertz or the surrounding communities, the decisions you make in the first days matter more than most people realize. Contact The Law Offices of David C. Hardaway now and speak with someone who will give you a candid assessment of your situation and what can realistically be done about it.

What Texas Law Actually Covers Under “Family Violence”

Texas defines family violence broadly, and that breadth catches many people off guard. The term covers far more than physical harm between married couples. Under the Texas Family Code, family violence includes acts committed by one family or household member against another that are intended to result in physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably place the victim in fear of those outcomes. It also encompasses dating violence, which extends the law’s reach to current or former romantic partners regardless of whether they ever lived together.

Family and household members under Texas law include spouses and former spouses, parents of a shared child, people who currently live or previously lived in the same household, and individuals in or formerly in a dating relationship. The practical effect is that a conflict between roommates, an ex-partner from a brief relationship, or a co-parent with whom you no longer have contact can all generate a family violence charge. The offense does not require visible injury. Threatening language, grabbing someone’s arm, or any physical contact that the other person reports as offensive and intentional can be enough for an arrest. Guadalupe County law enforcement officers responding to domestic calls are trained to make an arrest when there is probable cause, and the threshold for probable cause in these situations is low.

Charges You May Be Facing and What They Actually Mean

• Class A Misdemeanor Assault (Family Violence): The most common charge arising from domestic incidents, applicable when physical contact causes bodily injury. In Texas, a conviction carries the possibility of up to one year in county jail and a fine, but the collateral consequences, including loss of firearms rights under federal law, often matter more than the sentence itself.
• Felony Assault (Family Violence) – Impeding Breath: Texas elevated strangulation and choking offenses to third-degree felony status, meaning an allegation that you impeded someone’s breathing or circulation during a family violence incident triggers felony-level prosecution even without serious visible injury.
• Continuous Violence Against the Family: A third-degree felony charge that applies when prosecutors allege two or more family violence assaults within a twelve-month period. Critically, neither incident has to have resulted in a prior conviction, and the two assaults do not need to involve the same victim.
• Aggravated Assault (Family Violence): When the alleged offense involves serious bodily injury or a deadly weapon, charges escalate to aggravated assault, a first or second-degree felony with potentially severe prison exposure.
• Violation of a Protective Order: Once a magistrate issues an emergency protective order at the time of arrest, any contact with the protected person, including a response to a message they initiate, can result in a separate criminal charge. Guadalupe County courts treat these violations seriously.
• Family Violence with a Prior Conviction: A prior family violence conviction, even a misdemeanor, elevates a subsequent offense to felony status. If you have any prior history, that history becomes a central factor in how your new case is charged and prosecuted.
• Dating Violence Charges: Defined separately under Texas law but prosecuted under the same framework as family violence, these charges arise from romantic relationships and carry identical penalties and consequences.

What the Defense of a Schertz Family Violence Case Actually Looks Like

The defense of a family violence case in Guadalupe County begins with the evidence that exists at the time of the arrest. Officers responding to domestic calls complete affidavits and reports, take photographs, record body camera footage, and sometimes collect statements. All of that material becomes part of the case file, and reviewing it carefully is where a real defense starts. What the officer wrote down, what was photographed, what the 911 call actually captures, and what any witnesses said in the immediate aftermath can contradict the narrative that leads to the charge. The Law Offices of David C. Hardaway requests and analyzes this material from the beginning, because that is where cases are built or undermined.

A family violence defense attorney in Schertz also has to address the protective order situation immediately. In most family violence arrests in Texas, a magistrate issues an emergency protective order at the time of arraignment, which typically prohibits any contact with the complainant and may require you to vacate a shared residence. That order is a separate civil matter from the criminal charge, but violating it generates new criminal liability. We can help you understand exactly what the order requires and, where appropriate, seek modification of conditions that impose unreasonable hardship, particularly when children are involved and contact is necessary for parenting purposes.

Complainant recantation is one of the most misunderstood aspects of these cases. Prosecutors in Guadalupe County are trained to anticipate it. They build cases designed to survive without the complainant’s testimony, relying instead on the original statements, photographs, medical records if applicable, and the arresting officer’s observations. When a complainant does not want to cooperate, the state may still proceed, and they sometimes subpoena the complainant to compel testimony. A family violence attorney serving the Schertz area understands this reality and does not build a defense around the assumption that the complainant’s change of heart will end the case.

If You Were Arrested Last Night: Where to Start and What Not to Do

The hours immediately following a family violence arrest in Schertz tend to feel disorienting. You may have spent the night in the Guadalupe County Jail in Seguin, gone through magistration, had conditions of bond set, and been handed a protective order, all before you had a chance to speak with anyone who could actually explain what was happening. Guadalupe County criminal cases are processed through the 274th or 25th District Courts for felony matters, and through the County Court at Law for misdemeanor charges. Arraignments happen quickly. Bond conditions including the protective order take effect immediately. The timeline is compressed, and waiting to contact an attorney compounds the disadvantage.

One of the most common and damaging mistakes people make after a family violence arrest is attempting to contact the complainant directly to resolve things or explain what actually happened. The protective order prohibits this, and even a well-intentioned text message can result in a new criminal charge for violating the order. Another frequent error is talking to police or investigators after the arrest without counsel. Statements made in the aftermath of an arrest, even casual ones to a responding officer or a detective who follows up, can be used against you and are difficult to walk back. Do not assume that explaining your side of the story will help your case before you have spoken with an attorney.

Gather and preserve any communications, photographs, or other materials that may be relevant to what actually happened. If there were prior threats, a history of conflict, or anything that provides context for the incident, that information may be critically important to your defense. A Guadalupe County family violence attorney can walk you through what to preserve and how to do it without taking any actions that could be misinterpreted or create additional legal exposure.

What Clients Who Have Worked With This Firm Say

The Law Offices of David C. Hardaway handles criminal defense cases throughout Central Texas, including serious charges in Guadalupe County and the Schertz area. Clients have consistently described David Hardaway and his team as responsive, candid, and genuinely invested in outcomes. Former clients note that they were able to reach David when they needed him, that the team communicated clearly and treated sensitive situations with discretion, and that the firm’s thorough investigation and preparation made a real difference in their cases. One former client described the team’s attention to detail as “unsurpassed” and credited that thoroughness with achieving a case dismissal rather than a conviction. Another described the experience of having a team that “listened, investigated, and thoroughly believed” in them as making all the difference.

These are not abstract qualities. In family violence cases specifically, responsiveness matters because emergency protective orders and bond conditions require immediate attention. Thorough investigation matters because the state’s case is built on the evidence gathered at the arrest, and challenging that evidence requires someone who reviews it carefully and early. And the ability to communicate candidly with a client about difficult facts, including what the evidence does and does not support, is what allows a defense strategy to be realistic rather than wishful.

Questions People Ask About Family Violence Charges in Schertz

Can the charges be dropped if the other person doesn’t want to press charges?

In Texas, the decision to proceed with a criminal case belongs to the state, not the complainant. A family violence case is prosecuted by the Guadalupe County District Attorney’s office, and that office can continue pursuing the case regardless of whether the complainant requests that it be dropped. The complainant’s cooperation matters to the prosecution’s strategy, but it is not a prerequisite for the case to move forward. This is one of the most important things to understand about how Texas handles these charges.

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

An emergency protective order issued at the time of a family violence arrest in Texas typically remains in effect for a defined period. During that time, you are prohibited from contacting the protected person in any manner, including through third parties, and you may be required to vacate a shared residence. The order can also be extended or replaced by a longer-term protective order through a separate civil court proceeding. Your criminal defense attorney can explain your rights and options in that civil process, though it is handled separately from the criminal case.

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

Yes. Under federal law, a conviction for a misdemeanor crime of domestic violence results in a lifetime prohibition on possessing firearms or ammunition. This consequence applies to even a first-offense misdemeanor family violence conviction in Texas and is not subject to expungement at the federal level. For anyone who owns firearms for hunting, personal protection, or professional reasons, this consequence alone can be life-altering. It is one of the most significant reasons why even “minor” family violence charges deserve serious legal attention.

I was the one who was actually attacked. How is it that I ended up being arrested?

Dual arrests and situations where the primary aggressor is not the person arrested do occur. Texas law requires officers responding to family violence calls to attempt to identify the primary aggressor rather than simply arresting both parties, but this assessment is made quickly and sometimes gets it wrong. If you acted in self-defense, that is a recognized defense under Texas law, but it requires presenting evidence that you reasonably believed force was necessary to protect yourself. This is a fact-specific inquiry, and documenting your own injuries, identifying any witnesses, and preserving communications that provide context are all important steps.

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

Texas family courts treat family violence findings very seriously in custody determinations. A criminal conviction is not required for a family court to consider family violence history. Protective orders, arrest records, and credible allegations can all influence how a court views custody arrangements. If you have an open or pending family law case in Guadalupe County, a family violence arrest will likely be raised in that proceeding. It is worth understanding how the criminal case and the family law case interact, and in some situations, coordinating the legal approach across both matters.

What does it mean if the prosecutor offers a “deferred adjudication” in a family violence case?

Deferred adjudication is a form of probation where you plead guilty or no contest, and if you complete the probation conditions successfully, the court does not enter a formal conviction. However, Texas law limits the availability of deferred adjudication in family violence cases. Even where it is available, deferred adjudication for a family violence offense cannot be expunged in Texas and remains on your record as a deferred adjudication. For purposes of future family violence charges and some background checks, it can be treated similarly to a conviction. Understanding exactly what a plea offer means for your long-term record is critical before accepting anything.

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

Expungement eligibility in Texas is limited. If your family violence case was dismissed or resulted in an acquittal, you may be eligible for expungement. If it resulted in deferred adjudication or a conviction, expungement is generally not available in Texas. An order of non-disclosure, which seals the record from most public access, may be available in some deferred adjudication situations but carries restrictions in family violence cases specifically. The best outcome for your long-term record is a dismissal or acquittal, which is why investing in a thorough defense from the start matters.

What if the family violence allegation came up during a contentious divorce or custody dispute?

Allegations made in the context of divorce or custody proceedings do arise, and courts are not blind to that context. However, a criminal charge filed under those circumstances still has to be defended as a criminal matter through the Guadalupe County courts, and the family law judge handles the civil proceeding separately. The timing and context of an allegation can be relevant to credibility and motive, and a thorough investigation of the circumstances around the accusation is an important part of building the defense. These cases require attention to how the criminal and family law proceedings affect each other.

Does the state of Texas have special programs for first-time family violence defendants?

Some Texas counties offer pre-trial diversion programs or the possibility of completing intervention programs that can result in dismissal. Availability varies by county and by the specific charge. In Guadalupe County, the prosecutor’s office has discretion over whether to offer alternative resolution pathways, and eligibility depends on the nature of the charge, the defendant’s background, and other factors. An attorney familiar with Guadalupe County practice can assess whether any diversion options are realistically available in your case and whether pursuing that path makes sense given your specific circumstances.

How long will this case take to resolve in Guadalupe County?

Misdemeanor family violence cases in the Guadalupe County Court at Law and felony matters in the district courts move on timelines that vary significantly depending on the complexity of the facts, the evidence involved, whether pretrial motions are filed, and the current court docket. Some cases resolve through negotiation relatively quickly; others proceed through multiple hearings and take considerably longer. During that entire period, bond conditions and any protective order remain in effect. Your attorney can give you a more informed timeline once the specific facts and charges are known, but expecting a matter of months rather than weeks is realistic for most contested cases.

Serving Schertz and the Broader Guadalupe County Region

The Law Offices of David C. Hardaway represents clients facing family violence charges throughout Schertz and the surrounding communities of Guadalupe County and beyond. We regularly handle cases arising from the Schertz, Cibolo, and Selma areas, as well as cases from Seguin and the surrounding communities to the east. Our representation extends through Universal City, Live Oak, Converse, and the communities along Interstate 35 connecting the San Antonio metro area to the San Marcos corridor. We also serve clients in New Braunfels and throughout Comal County, as well as in Marion, Floresville, and the Wilson County area south of San Antonio. East of Seguin, we handle cases in Gonzales County and the communities of Gonzales and Cuero. Our office in downtown San Marcos, easily accessible from Schertz via Interstate 35 or State Highway 123, serves clients across this entire region. Whether a client’s case is set in the Guadalupe County courts in Seguin or in any of the surrounding jurisdictions where our firm practices, we bring the same level of preparation and attention to the defense.

Talk to a Schertz Family Violence Attorney About Your Case

Family violence charges in Schertz and Guadalupe County move quickly, and the decisions made in the earliest stages of a case shape everything that follows. The Law Offices of David C. Hardaway provides direct, informed representation for people facing these charges throughout Central Texas. Working with a Schertz family violence attorney who understands the specific courts, prosecutors, and procedures in Guadalupe County gives you a meaningful advantage in building a defense that addresses the actual evidence against you. Contact our office to schedule a confidential consultation and get a candid answer about where your case stands and what can realistically be done about it.