Holiday gatherings bring families together, but they can also bring heated arguments that end with a call to police. The Fowles Law Firm, a Conroe domestic violence attorney and criminal defense firm, is explaining how Texas handles family violence arrests and why the first days after an arrest matter.
What Counts as Family Violence Assault in Texas?
Under Texas Penal Code § 22.01, assault that causes bodily injury is generally a Class A misdemeanor. When the alleged victim is a family member, a household member, or someone in a dating relationship, the case is treated as family violence, which brings additional consequences.
The charge can be raised to a third-degree felony. One is when the person has a prior conviction for an offense against a family member, household member, or someone they had a dating relationship with. The other is when the offense involves impeding someone’s normal breathing or circulation by pressure to the throat or neck, or by blocking the nose or mouth. Anyone facing a felony allegation should speak with a Conroe assault lawyer as soon as possible.
What Happens After a Family Violence Arrest?
The State, not the person who called police, decides whether to pursue a case, so a charge can move forward even when the alleged victim does not want to press charges.
In Texas, a magistrate can issue an emergency protective order immediately following a family violence arrest. Depending on the order's terms, the arrested person will be prohibited from possessing a firearm, approaching the protected person's home or workplace, or communicating with them either directly or through third parties. These orders typically remain in effect for 61 to 91 days, meaning a holiday weekend arrest can immediately disrupt living arrangements and family contact for several months.
The magistrate can also issue conditions of bond and include the same things, except the conditions of bond don’t expire and remain in effect until changed by a judge or the case is completed.
Violating an emergency protective order can lead to new charges. A domestic violence lawyer can explain what an order allows and prohibits and what options exist for addressing it.
What Should Someone Do After an Arrest or Accusation?
Read every release or bond condition carefully and follow it. If an order is in place, avoid contact with the protected person, even to apologize. Do not discuss the facts of the case on jail calls, in text messages, or on social media, because those statements can be used in court.
Keep any evidence that may matter, such as texts, photos, medical records, and the names of witnesses. Write down the court dates and do not miss them.
Anyone charged should speak with a Conroe criminal defense lawyer who can review the police report, any body camera footage, 911 recordings, witness statements, and other evidence to determine how to best fight the case.
How Can a Domestic Violence Lawyer Help?
Family violence cases often turn on conflicting accounts, so the evidence matters. A criminal defense attorney can challenge the evidence, negotiate with prosecutors, and represent the accused in Montgomery County courts. The Fowles Law Firm can be reached at (713) 332-6813.
About The Fowles Law Firm
The Fowles Law Firm is a criminal defense firm based in Conroe, Texas, led by former prosecutor and criminal defense lawyer Justin Fowles. The firm represents clients throughout Montgomery County, Harris County, and the greater Houston area — including Conroe, The Woodlands, Spring, and Humble — facing DWI, drug crime, weapons, domestic violence, theft, and other criminal charges. Drawing on his experience as a former prosecutor, Fowles brings insight into how the state builds its cases to every client’s defense. As a dedicated Conroe criminal defense lawyer, The Fowles Law Firm offers free consultations and 24/7 availability to residents facing criminal charges.