Once Charges Are Filed, the Case Belongs to the State. Not the Alleged Victim.

Family violence allegations move quickly and impact nearly every aspect of your life from day one. An arrest may result in removal from your home, restrictions on contact with your family, limitations involving your children, and other court-imposed conditions that begin long before a case ever reaches trial.

These cases arise during highly emotional situations where law enforcement makes quick decisions based on limited information and rapidly developing circumstances. The story provided in the police report drives the prosecution, even when the full picture looks very different.

At Denuna & Westbrook, PLLC, we implement a careful, fact-driven defense to all family violence allegations throughout Houston and the Gulf Coast region. We focus on the evidence, the context surrounding the accusation, and whether the facts actually support the alleged charge.

Family Violence Cases Work Differently

Family violence prosecutions are handled differently than other criminal cases in Texas. Many jurisdictions, including Harris County, use specialized prosecutors dedicated specifically to these allegations.

Once charges are filed, the case belongs to the State of Texas. That point alone changes how every family violence defense must be approached.

If the alleged victim doesn’t want to pursue the charge and refuses to cooperate, prosecutors may still move forward. The prosecutor makes this decision, regardless of the alleged victim’s wishes. They may rely on 911 recordings, body camera footage, photographs, and witness statements. Understanding this reality is essential from the very beginning of the case.

Who Qualifies as a Family Violence Case

Under Texas Family Code Section 71.004, family violence is broadly defined. Qualifying relationships extend well beyond spouses and immediate family members.

Family violence allegations may involve:

• Current or former spouses
• Current or former dating partners
• Parents of the same child
• Family members related by blood, marriage, or adoption
• Household members, including roommates with no family relationship
• Individuals who share or have shared a residence

Because the definition is so broad, people are surprised to learn that an incident involving a former girlfriend or boyfriend, a roommate, or another non-traditional connection may still be classified as family violence under Texas law. That classification carries consequences extending far beyond the immediate criminal case.

Family Violence Charges in Texas

Texas law recognizes a range of offenses that may be prosecuted as family violence, from Class A misdemeanors to serious First-Degree Felony allegations. Understanding the specific charge and what the State is required to prove is where every defense begins.

Assault Family Violence

Under Texas Penal Code Section 22.01, Assault Family Violence is charged as a Class A misdemeanor when no prior family violence conviction exists, carrying a punishment range of up to one year in county jail and a fine of up to $4,000. These allegations involve claims that a person intentionally, knowingly, or recklessly caused bodily injury to someone in a qualifying relationship. Texas law defines bodily injury broadly, and physical pain, illness, or any impairment of physical condition may qualify.

Assault Family Violence by Impeding Breath or Circulation

Under Texas Penal Code Section 22.01(b)(2), applying pressure to the throat or neck, or blocking the nose or mouth of a person in a qualifying relationship in a manner that impedes normal breathing or circulation, elevates the offense to a Third-Degree Felony, regardless of any visible injury. These cases arise behind closed doors with limited witnesses, and that dynamic shapes how prosecutors approach them. The State takes the alleged victim’s account as its starting point and rarely budges without a fight. Photographs, medical records, body camera footage, and officer observations become the pillars of the prosecution, and the defense must be prepared to challenge every one of them.

Aggravated Assault Family Violence

Under Texas Penal Code Section 22.02, Aggravated Assault Family Violence involves allegations that serious bodily injury occurred or that a deadly weapon was used or exhibited. Texas law defines deadly weapon broadly. Firearms are the most obvious example, but vehicles, household objects, and other items may qualify if used in a manner capable of causing serious bodily injury or death. These charges carry significant prison exposure and require careful examination of the nature of the alleged injuries and the circumstances surrounding the incident.

Continuous Violence Against the Family

Under Texas Penal Code Section 25.11, Continuous Violence Against the Family is a Third-Degree Felony involving allegations of two or more family violence incidents within a twelve-month period. Unlike a traditional assault charge, this offense spans multiple incidents rather than a single event. These charges involve competing accounts, credibility disputes, and questions about timing, consistency, and the reliability of witness statements across multiple alleged incidents.

Prior Convictions and Enhanced Punishment

A prior family violence conviction can dramatically change the classification of a new charge. Under Texas Penal Code Section 12.42, a prior Assault Family Violence conviction may elevate a new Class A misdemeanor assault to a Third-Degree Felony. Two prior felony convictions can result in a habitual offender finding with a punishment range of twenty-five to ninety-nine years or life. Understanding how your record interacts with the current charge is one of the first things we evaluate.

The Consequences Begin Before the Case Is Resolved

For many clients, the most significant impact of a family violence arrest occurs before the criminal case is ever resolved. Bond conditions may restrict where you can live, who you can contact, and how you communicate with family members.

These restrictions can affect your housing, your parenting responsibilities, your access to your children, your employment, and your daily life. Because these consequences begin immediately, addressing them early is an essential part of protecting both your legal rights and your personal stability while the case remains pending.

A family violence finding also carries long-term consequences beyond the criminal case. A conviction may affect your firearm rights, child custody, visitation, divorce proceedings, professional licensing, and future criminal allegations. In some circumstances, a prior family violence conviction can elevate a later misdemeanor allegation to a felony charge.

The State May Proceed Without the Complaining Witness

One of the most surprising realities of family violence cases is that prosecutors may continue even when the alleged victim no longer wants to participate.

An alleged victim may recant a prior statement, submit an Affidavit of Non-Prosecution, refuse to cooperate, or express a clear desire to move on. Prosecutors may still proceed. They can rely on 911 recordings, body camera footage, photographs, witness statements, medical records, and statements made at the scene.

An Affidavit of Non-Prosecution is one factor prosecutors may consider, but it does not guarantee dismissal. Whether it affects the outcome depends on the facts, the available evidence, and the policies of the jurisdiction. An effective defense cannot depend solely on whether the alleged victim wishes to move forward. The evidence itself must be carefully evaluated and challenged where appropriate.

Related Charges That May Arise from the Same Dispute

Family violence investigations do not always result in assault charges alone. Depending on the circumstances, prosecutors may file additional offenses arising from the same underlying dispute. Harassment and Terroristic Threat are broad statutes that apply across many situations, not just family violence cases, but they arise regularly in domestic disputes, breakups, and custody conflicts. When filed alongside or instead of an assault charge, they carry their own elements, classifications, and defense issues.

Harassment

Under Texas Penal Code Section 42.07, Harassment involves allegations that a person, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, made repeated phone calls, sent repeated text messages or electronic communications, made obscene communications, or engaged in other conduct covered by the statute. It’s a Class B misdemeanor carrying up to 180 days in county jail and a fine of up to $2,000. A prior harassment conviction elevates the charge to a Class A misdemeanor. The statute also covers harassment through fake accounts, third-party communications, and contact made through any electronic platform, such as texts, emails, social media, and dating apps.

Harassment is not a family violence offense by definition, but it frequently gets filed in the same investigation. A complainant who reports assault may also report a pattern of unwanted contact, and prosecutors may file both charges from the same set of facts. The statute is broad by design, and almost any pattern of repeated communication can be characterized as harassment by a motivated complainant.

What those communications actually show, the context surrounding them, and whether the defendant's intent was actually to harass rather than to communicate are the questions the defense examines. The State must prove intent, not simply that communications were sent or the other person was annoyed or upset.

Terroristic Threat

Under Texas Penal Code Section 22.07, Terroristic Threat allegations arise from statements made during arguments, confrontations, and domestic disputes. It applies whenever a person allegedly makes a statement with intent to place another in fear of imminent serious bodily injury, or with intent to cause a reaction from an emergency agency, disrupt public services, or place the public in fear. A Terroristic Threat targeting an individual is a Class B misdemeanor. When it places a person in fear of serious bodily injury, it becomes a Class A misdemeanor. When it involves threats against public servants, groups, or the public at large, it becomes a felony.

Like Harassment, Terroristic Threat charges may arise in domestic and relationship disputes, whether assault charges are filed or not. A statement made in the heat of an argument, in frustration, or as an expression of anger may not constitute a criminal threat under the statute. The State must prove the defendant made the statement with intent to place someone in fear of imminent serious bodily injury. Context, the relationship between the parties, the circumstances surrounding the statement, and the tone of the exchange all become significant defense issues.

Protective Order Violations

Under Texas Penal Code Section 25.07, violations of protective orders and bond conditions in family violence, sexual assault, stalking, and trafficking cases are prosecuted as separate criminal offenses. A general, first-time offense is a Class A misdemeanor carrying up to one year in county jail and a fine of up to $4,000.

The State may enhance the charge, depending on the unique facts of the case. A violation committed by assaulting the protected person or by committing stalking becomes a Third-Degree Felony carrying two to ten years in prison. A prior Section 25.07 conviction also elevates the charge to a Third-Degree Felony. When the protective order arose from certain sex offenses including sexual assault or indecent assault, the violation may be charged as a State Jail Felony.

Protective order violations are counted individually. This means every text message, phone call, visit, and third-party communication can be charged as a separate offense. A single week of contact can lead to a stack of charges, each carrying its own punishment range.

What if there is a protective order but both parties agree to communicate? The answer doesn't change. Mutual consent does not eliminate the restrictions imposed by a court order. An officer who learns of any contact must make an arrest regardless of whether the protected person requested the communication. The order remains in effect until the court modifies or dissolves it.

Emergency Protective Orders After an Arrest

In most cases involving family violence, a Magistrate will issue an Emergency Protective Order (EPO) before the defendant is released from custody. Under Code of Criminal Procedure Article 17.292, the Magistrate issues the EPO at the defendant’s initial appearance, before bond is set, before an attorney is present, and before the defendant has any meaningful opportunity to respond. In many cases it’s mandatory. When the arrest involves serious bodily injury or the use or exhibition of a deadly weapon, the Magistrate must issue the EOP. In all other family violence arrests, the EOP is discretionary.

A standard Emergency Protective Order is effective for a minimum of 31 days and a maximum of 61 days. When the arrest involves serious bodily injury or a deadly weapon, the EPO runs a minimum of 61 days and a maximum of 91 days. Typical restrictions include no contact with the complaining witness, no indirect communication through third parties, and a prohibition on possessing firearms and ammunition.

The Emergency Protective Order also prevails over any existing court orders granting possession of or access to children in the home for the duration of the EPO. A defendant with a custody or visitation agreement may find that agreement suspended by the EPO until it expires or is modified. For clients with children, this is one of the most immediate and disruptive consequences of a family violence arrest.

Modifying or Lifting Protective Orders

Protective orders issued in family violence cases can be modified, but the process requires a hearing with the Court. This is not something that happens informally or by agreement between the parties. The EPO remains in effect in its original form until the Court enters a modification.

There are legitimate reasons to modify and change an EPO. The parties may share children and need to communicate about custody and parenting. They may share a residence, and the protected person may want the defendant to return home. The protected person may not support the Order and may want the restrictions lifted. In some cases, the no-contact requirement creates hardship for both parties that neither wanted.

At Denuna & Westbrook, we represent clients seeking modifications to Emergency Protective Orders and other Protective Order in family violence cases. A modification hearing gives the defense an opportunity to present the circumstances to the Court, explain why the restrictions should be reduced or eliminated, and request specific changes such as allowing communication about children, permitting a return to the shared residence, or lifting the no-contact provision entirely. Whether a modification is granted depends on the specific facts, the judge, and how the request is presented. Getting counsel involved early gives clients the best opportunity to pursue a modification before the EPO creates lasting consequences for employment, housing, and family relationships.

Before Accepting Deferred Adjudication in a Family Violence Case

Prosecutors routinely offer deferred adjudication to first-time family violence defendants. Deferred adjudication is a form of probation where you plead guilty, but the Court defers a final finding of guilt. If you successfully complete the terms of supervision, the case is dismissed without a conviction on your criminal record. In most criminal cases, this is a great resolution, as it allows you to seal the record through a Nondisclosure Order. However, under Texas Government Code Section 411.074, any offense involving a finding of family violence is ineligible for Nondisclosure.

The problem isn’t the deferred adjudication itself. It’s the finding of family violence that gets entered at the time of the plea. That finding is what permanently bars the record from being sealed. Complete probation, get the case dismissed, and the record still shows up on every background check – forever. This means a deferred adjudication plea in a family violence case produces the same long-term record consequences as a conviction.

Despite this limitation, deferred adjudication may still be the right outcome depending on the circumstances. When the evidence is strong, with serious injury photographs, independent witnesses, and recorded statements, avoiding prison time and a final conviction matters even when the record can’t be sealed. No two cases are the same, and the right resolution always depends on the specific facts and what the State can actually prove. In more defensible cases, accepting deferred without examining the alternatives means accepting a permanent criminal record.

Resolving the Case Without a Finding of Family Violence

The best outcome in any family violence case is a dismissal or an acquittal. When the facts and legal issues don't support either, the next priority is resolving the case without a finding of family violence.

That means negotiating the charge down to a simple assault without the family violence designation. Unlike a family violence assault, a Class A misdemeanor assault is eligible for nondisclosure after a two-year waiting period. Reducing the charge to simple assault keeps the door open to eventually clearing the record. It’s a meaningful difference that affects employment, housing, licensing, and every background check for years to come.

Getting prosecutors to abandon the family violence designation requires a defense built around the specific facts of the case. A complaining witness who doesn’t support the prosecution weakens the State’s position. Minimal or disputed injury evidence weakens it further. Each of these issues creates an opportunity for a more beneficial resolution.

Defending Family Violence Cases in Houston

Not every family violence allegation arises from criminal conduct. These cases develop during highly emotional situations involving relationship conflicts, divorce proceedings, custody disputes, breakups, and personal tensions. In some situations, allegations are exaggerated. In others, important context is missing from the information initially provided to law enforcement. Officers make decisions quickly and often have access to only one version of events at the time of arrest. That initial narrative does not always hold up when the full picture is examined.

Chris Denuna and Nick Westbrook have handled family violence cases at every level, from Class A misdemeanor allegations to serious felony prosecutions. Our defense starts with the arrest and works forward through the evidence, the witness accounts, and everything the initial police report left out. Getting representation early makes a difference. Evidence is preserved, bond conditions are addressed, and Emergency Protective Orders can be challenged or modified.

Frequently Asked Questions — Family Violence in Texas

Can the complaining witness drop the charges?

No. Once charges are filed, the case belongs to the State of Texas. Even if the alleged victim wants the case dismissed or refuses to cooperate, prosecutors may still continue the prosecution.

Will I be removed from my home after an arrest?

Possibly. Bond conditions frequently restrict where you can live and who you can contact. Addressing those conditions early is an important part of protecting your stability while the case is pending.

What if the situation was a misunderstanding?

Officers make decisions based on the information available at the scene. An arrest does not mean the allegations are accurate. A thorough review of the evidence may reveal a very different picture than what appears in the initial police report.

Can I have contact with the other person after I am charged?

Not necessarily. Courts impose bond conditions and protective orders restricting contact. Violating those conditions may result in additional criminal charges and bond revocation.

Will a family violence conviction stay on my record?

A conviction involving family violence creates long-term consequences and may affect future legal matters, firearm rights, custody proceedings, and professional licensing.

Can a family violence case affect custody of my children?

Yes. Findings involving family violence may affect custody, visitation, and parental rights. These allegations should be taken seriously from the very beginning.

What is an Affidavit of Non-Prosecution?

It is a statement submitted by an alleged victim requesting that charges be dismissed. It does not guarantee dismissal. Prosecutors may still proceed based on other available evidence.

Contact a Houston Family Violence Defense Lawyer Today

Family violence allegations carry consequences that begin immediately and can affect your home, your children, your record, and your future. The decisions made in the earliest stages of the case matter.

Denuna & Westbrook, PLLC represents individuals facing family violence allegations throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.