Beat Your Texas
Assault Family Violence Charge With A Board-Certified Criminal Lawyer. Beat Your Texas Assault
Family Violence Charge With A
Board-Certified Criminal Lawyer.

An arrest or conviction for Assault Family Violence carries some of the most devastating collateral consequences of any criminal charge in Texas. Because this is considered a violent crime, it permanently flags you in background checks.

Employment & Professional Licensing

Employers frequently view applicants with family violence records as a severe workplace liability, leading to rescinded job offers or immediate termination. For licensed professionals (nurses, doctors, teachers, finance professionals), a Family Violence charge often triggers mandatory reporting to state boards (Texas Medical Board, State Board for Educator Certification, Texas Board of Nursing). This can result in immediate suspension, disciplinary hearings, or permanent revocation of your license.

Schooling & College Admissions

Universities and colleges routinely run background checks for admissions, financial aid, and on-campus housing. A Family Violence charge can result in rejected applications, loss of scholarships, or expulsion under a university's student code of conduct. It is especially destructive for students who require clinical placements, security clearances, or internships to graduate.

Housing Denials

Landlords and property management companies routinely deny housing to individuals with a Family Violence charge. You are viewed as an "unstable" and high-risk tenant who is statistically more likely to cause domestic disturbances, trigger police visits, cause property damage, or break a lease.

Yes, the consequences are immediate and potentially permanent. Courts and federal agencies treat an affirmative finding of family violence incredibly strictly.

Federal Firearm Bans

Under the federal Lautenberg Amendment, a conviction for misdemeanor domestic violence permanently strips you of your Second Amendment right to own, possess, or transport a firearm or ammunition.

Temporary Restrictions

Even a temporary protective order or Magistrate's Order of Emergency Protection (MOEP) issued during a pending case will suspend your gun rights while the order is active.

Family courts take Assault Family Violence charges heavily into consideration during divorce and custody battles. An arrest can instantly derail your parental rights.

Custody Presumptions

A conviction or even an ongoing criminal case can lead to a legal presumption against you in family court. This frequently results in the loss of primary custody or joint managing conservatorship. Judges often mandate supervised visitation and impose unfavorable financial terms in a divorce if domestic violence is substantiated.

No, the victim cannot simply "drop" the charges. Once the police are called and an arrest is made, the State of Texas takes over the case. Only the prosecutor or a judge has the power to dismiss it.

The Affidavit of Non-Prosecution (ANP)

If the complaining witness does not want to press charges, they can sign an Affidavit of Non-Prosecution (ANP). This is a sworn, notarized statement explaining they wish to halt the prosecution.

An ANP does not guarantee a dismissal. Prosecutors often proceed anyway, assuming the victim is being pressured or manipulated. However, a properly drafted ANP is a powerful tool for your defense attorney to negotiate a dismissal — especially if it clarifies factual inaccuracies in the initial police report.

Following a Family Violence arrest, a judge will almost always issue a Magistrate's Order of Emergency Protection (MOEP), restricting you from going near the complaining witness or their residence — even if you own the home.

Violating the Order

Violating a protective or restraining order is a separate, entirely new criminal charge (often a Class A Misdemeanor, or a Felony if you have previous convictions). It can also result in your bond being revoked, sending you back to jail.

How to Legally Remove It

Never violate the order to ask the other party to drop it. Even if they invite you over, you are the one breaking the law, not them. To legally remove or modify the restrictions, your defense attorney must file a formal Motion to Modify or Lift the Protective Order and have a judge sign it.

Texas law harshly penalizes repeat offenders in domestic violence cases. Once you have a single affirmative finding of family violence on your record, future allegations escalate dramatically.

Felony Enhancements

• 3rd Degree Felony: If you have any prior conviction or completed deferred adjudication for Family Violence, a second simple assault (normally a misdemeanor) is automatically enhanced to a 3rd Degree Felony, carrying 2 to 10 years in prison.
• Continuous Violence Against the Family: If you are accused of two or more domestic assaults within a 12-month period, you can be charged with this 3rd Degree Felony — even if neither individual incident resulted in an arrest or conviction.

Yes, severely. Non-citizens often believe Deferred Adjudication is a safe plea because it avoids a formal conviction under Texas state law. However, federal immigration law does not view it the same way.

Treated as a Conviction

Under federal immigration law, pleading guilty or no contest in exchange for Deferred Adjudication is considered a final conviction.

Deportation Risks

Domestic violence offenses are classified as Crimes Involving Moral Turpitude (CIMT) and are deportable offenses under the Immigration and Nationality Act. Accepting deferred adjudication for Family Violence can trigger deportation proceedings, revoke your visa/green card, and permanently bar you from reentry or naturalization. A dismissal or acquittal is typically the only safe outcome for non-citizens.

Often yes — but a dismissal does not automatically clear your record. The arrest remains fully public until an expunction is granted. Eligibility depends heavily on the Statute of Limitations (SOL) and why the case was dismissed.

Statute of Limitations (SOL) Rules

If your case was dismissed without completing a pre-trial diversion program, you typically must wait out the SOL before you can expunge the record:

• Misdemeanor Family Violence: 3 years from the date of the offense.
• Felony Family Violence: 5 years from the date of the offense (e.g., Family Violence with Previous Conviction or Impeding Breath/Choking).

If you completed a formal Pre-Trial Intervention (PTI) or Diversion program, you may be eligible to apply for an expunction immediately upon successful completion, regardless of the SOL.

Securing a reduction from a Class A Assault Family Violence charge to a Class C Assault by Contact (a fine-only ticket) is a massive defense victory. However, it creates a complex timeline for expunction due to overlapping laws.

The 3-Year Wait vs. the 180-Day Wait

If you receive deferred disposition for the Class C ticket, that specific probationary period is usually only 180 days. However, the original arrest was still for a Class A Family Violence offense. Under recent Texas legislation (HB 467) and Supreme Court rulings (Ex parte R.P.G.P.), the state's 3-year Statute of Limitations for the original Class A charge controls the overarching timeline.

• Partial Expunction: You can legally clear the Class C charge after 180 days, but your booking photo, fingerprints, and the original domestic violence arrest record will remain completely public.
• Full Expunction: To comprehensively destroy the entire arrest record, courts mandate you wait the full 3 years from the date of the offense.

The Intervening Gap

Because the original arrest included a family violence flag, Texas law strictly prohibits you from getting a temporary Order of Nondisclosure (sealing) while you wait for the 3-year clock to expire. Prosecutors almost never grant discretionary "early" expunctions in domestic violence cases.

A limited expunction (or "partial expunction") is incredibly common in Assault Family Violence cases. Because prosecutors aggressively fight to keep domestic violence records, they may agree to clear the public records while keeping their own internal file.

Why it happens in Family Violence cases

District Attorneys often object to destroying FV files completely because they want to use the history to enhance future charges if you are arrested again.

What is cleared vs. retained

• Cleared: Public background checks, DPS records, and court indexes are erased so you can get jobs and housing.
• Retained: The prosecutor keeps an internal file strictly for law enforcement purposes.

Hearings are usually required, and the strategy is often to get a Limited Expunction now to save your career/housing — then file for a Full Expunction later once the Statute of Limitations has expired.

Generally, NO. This is one of the harshest realities of Texas law.

The Affirmative Finding Ban

Under Texas Government Code § 411.074, if the court made an "affirmative finding of family violence," you are completely disqualified from receiving an Order of Nondisclosure (sealing).

• You cannot seal an Assault Family Violence conviction.
• You cannot seal a Family Violence case even if you successfully completed Deferred Adjudication probation.

This is why getting the case outright dismissed or reduced to a Class C non-family violence charge (like simple assault by contact) during the initial defense phase is absolutely critical.

If your Family Violence case was dismissed, acquitted, or pardoned, you must file a formal civil lawsuit against the state agencies holding your records (DPS, the Sheriff's Office, the District Clerk, etc.).

The Standard Workflow

• Investigation: We pull the records to confirm the exact dismissal reason and verify the 3-year or 5-year SOL.
• Drafting & Filing: We draft a Petition for Expunction and serve it to all relevant state and federal agencies.
• Negotiation: We negotiate with the District Attorney. In FV cases, this is where we fight for a Full Expunction or negotiate a Limited Expunction.
• Hearing & Order: The judge signs the order, commanding the agencies to destroy the records. The process generally takes 6 to 12 weeks.

There is no single timeline. Depending on the jurisdiction and the complexity of the evidence, cases can take anywhere from a few months to over a year.

Court Level & Jurisdiction

• Municipal / JP Court (Class C): Often wraps up within a few months.
• County Court (Class A Misdemeanor): Typically 6 to 12 months, depending on docket and how aggressively we push for early dismissal.
• District Court (Felony): 1 to 2+ years, extended by grand jury indictment and pretrial hearings.
• County Backlogs: Large jurisdictions (Dallas, Harris, Tarrant, Bexar, Travis) have massive court backlogs.

Evidence & Victim Cooperation

If the complaining witness submits an Affidavit of Non-Prosecution, it gives us powerful leverage — but prosecutors may still delay while they conduct their own independent investigation. Discovery variables like defendant statements, 911 calls, bodycam footage, and third-party witnesses also impact the timeline.

Because we do not roll over and accept defeat. Assault Family Violence cases require an aggressive, proactive defense from day one — and that is exactly how Wyde & Associates operates.

Our 3-Phase Aggressive Defense

• Early Pre-File Intervention: We don't wait for your first court date. We immediately begin investigating, gathering evidence, and contacting prosecutors to convince them not to formally accept or file the charges against you.
• Relentless Court Advocacy: If the state files the charge, we strategically leverage Affidavits of Non-Prosecution (ANPs), expose police errors, and relentlessly fight for a complete dismissal in court.
• Jury Trial Ready: If the prosecutor refuses to dismiss the case, we take it to trial. We are fully geared for a jury trial and ready to battle the state. It is always better to go down fighting than to accept a conviction that will ruin your life. We do not surrender.