One argument, one phone call, and a Central Texas police officer has to make an arrest decision on the spot. People on the wrong side of that call reach Derek Israel Law, PLLC, where our domestic violence lawyer in Lockhart and New Braunfels, TX, works to keep an accusation from becoming a permanent label.
What Texas Counts As Family Violence
Family violence includes acts meant to cause physical harm and threats that put someone in fear of imminent harm. No injury is required anywhere in that definition, which is why words alone sometimes support a charge in these cases.
Who Can Be Charged With Domestic Violence in Texas?
The relationship between the parties, rather than the address on the report, decides whether a case carries the family violence label. Charges can arise between people in any of the relationships listed here, whether or not they still live together:
- Spouses, former spouses, and dating partners
- Parents who share a child, whether they ever lived together
- Roommates and other members of the same household
- Foster parents, foster children, and relatives by blood or marriage
A judge’s affirmative finding of family violence, not the title of the offense, can trigger the federal prohibition on possessing firearms and increase the consequences of future criminal charges. That finding is based on the definition in Texas Family Code Section 71.004 and may be challenged separately from the underlying charge.
Contact Derek Israel Law
Can The Accuser Drop The Case?
No, not directly, and that surprises many families. Prosecutors own the charging decision in Texas and often proceed on 911 recordings, photographs, and body camera footage even when the complaining witness asks the office for a dismissal.
Misdemeanor And Felony Levels
A first assault involving a family violence allegation is generally charged as a Class A misdemeanor punishable by up to one year in county jail. However, allegations involving strangulation, certain prior convictions, or repeat incidents can elevate the charge to a felony.
A charge of continuous violence against the family is a felony when the prosecution alleges two or more assaults against a family or household member within 12 months, even without a prior conviction. As a result, the specific charge filed can have just as much impact on the case as the underlying facts.
False Accusations During Custody Fights
Divorce and custody disputes account for a real share of these calls, and the timing often tells the story on its own. Our attorney pulls message threads, call logs, and prior filings to show exactly when an allegation first appeared:
- Text threads showing the relationship before and after the incident
- Prior court filings that contradict the current account
- Witnesses who were present and never interviewed
- Medical records inconsistent with the described injuries
Investigative background matters here, since our founder spent years as a homicide detective evaluating exactly this kind of proof. Our domestic violence lawyer in Lockhart and New Braunfels, TX, brings that same eye to every family violence file.
Answer The Allegation With Evidence
Protective orders, bond conditions, and no-contact rules arrive within days and reshape daily life immediately. Derek Israel Law, PLLC, helps families across central Texas respond quickly and privately, without judgment from anyone in this office. Call (512) 407-3390 or book a free consult well before your first setting arrives.