Houston Domestic Violence &
Protection Orders Attorney

Understanding Domestic Violence Under Texas Law

Texas uses specific legal terminology and frameworks that differ from those of other states. Understanding these distinctions is crucial to navigating your case effectively.

What Qualifies as Family Violence in Texas?

Under Texas Family Code §71.004, "family violence" is defined as an act by a family or household member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault. It also includes threats that reasonably place a person in fear of imminent physical harm.

Importantly, Texas law doesn't require visible injuries or police reports to establish family violence. A judge can find that family violence occurred based solely on testimony and circumstantial evidence, which makes these cases particularly challenging.

Who Can Be Charged Under Texas Family Code §71.004

Texas law specifically defines which relationships fall under domestic violence statutes:

• Current or former spouses
• Parents of the same child, regardless of marriage
• Current or former dating partners
• Family members by blood, marriage, or adoption
• Current or former household members who reside together
• Foster parents and foster children

This broad definition means domestic violence charges can arise from conflicts with roommates, extended family members, and even former relationships that ended years ago

Domestic Violence vs. Dating Violence Definitions

Texas distinguishes between family violence and dating violence, though both can lead to protective orders and criminal charges:

Family Violence involves family members, household members, co-parents, or spouses (current or former). This includes parents, siblings, in-laws, and anyone related by blood or marriage.

Dating Violence specifically pertains to violence within a dating relationship, defined as a romantic or intimate relationship. Courts consider the length and nature of the relationship, frequency of interaction, and whether the relationship has terminated.

This distinction can affect court jurisdiction, available remedies, and the specific legal procedures that apply to your case.

Types of Domestic Violence Charges in Houston

Domestic violence cases in Texas can result in various criminal charges, ranging from misdemeanors to serious felonies with life-altering consequences.

Misdemeanor Assault Family Violence Charges

The most common domestic violence charge is Assault Family Violence (Texas Penal Code §22.01), typically charged as a Class A misdemeanor for first-time offenders. This charge carries penalties of:

• Up to one year in county jail
• Fines up to $4,000
• Mandatory batterer's intervention programs
• Protective orders limiting contact with the alleged victim
• Loss of firearm rights under federal law

Even as a misdemeanor, this charge creates a permanent criminal record that can affect employment, housing, and custody rights for years to come.

Felony Domestic Violence Offenses

Domestic violence charges escalate to felonies under certain circumstances:

• Second offenses - A second domestic violence charge becomes a third-degree felony, even if the first resulted only in deferred adjudication.
• Choking/strangulation - Allegations involving impeding breathing or circulation are automatically charged as third-degree felonies.
• Serious bodily injury - Cases involving substantial injuries may be charged as second-degree or first-degree felonies.
• Use of a deadly weapon - Using or exhibiting a weapon during family violence elevates the charge to aggravated assault.

Felony charges carry significantly harsher penalties, including 2 to 10 years in prison for third-degree felonies and up to 20 years for second-degree felonies.

Aggravated Assault in Family Violence Cases

Aggravated Assault Family Violence involves either causing serious bodily injury or using/exhibiting a deadly weapon during the assault. This second-degree felony carries:

• 2 to 20 years in prison
• Fines up to $10,000
• Long-term protective orders
• Permanent loss of firearm rights
• Lifelong consequences for employment and housing

The definition of a "deadly weapon" is surprisingly broad—kitchen knives, household objects, and even vehicles can be classified as deadly weapons depending on how they were allegedly used.

Continuous Violence Against the Family

A unique Texas charge is Continuous Violence Against the Family (Texas Penal Code §25.11), which applies when two or more family violence incidents occur within a 12-month period, even if neither incident resulted in arrest or conviction.

This third-degree felony carries a sentence of 2 to 10 years in prison and a fine of up to $10,000. The prosecution only needs to prove two acts of violence, regardless of whether they were reported at the time.

Protective Orders in Houston: Types and Process

Protective orders are court orders designed to prevent future violence by restricting contact between parties. Understanding the different types and how they're obtained is crucial, whether you're seeking protection or defending against an application.

Emergency Protective Orders (EPO) from Magistrates

Also called a Magistrate's Order for Emergency Protection (MOEP), this order is:

• Issued by a magistrate after a domestic violence arrest
• Available even without the victim's request in serious cases
• Valid for 31-91 days (61-91 days if a weapon was involved)
• Put in place before the arrested person is released on bail
• More limited in scope than other protective orders

EPOs typically prohibit communication, going near the residence or workplace of the protected person, and possessing firearms. Violation is a separate criminal offense.

Temporary Ex Parte Protective Orders

These short-term orders are:

• Granted without a full hearing (the accused isn't present)
• Based solely on the applicant's sworn statement
• Valid for up to 20 days (can be extended for additional 20-day periods)
• Intended to provide immediate protection until a full hearing
• Typically includes "kick-out" provisions forcing the accused to leave a shared residence

To obtain a temporary order, the applicant must show a clear and present danger of family violence. While these orders have serious immediate consequences, they do provide notice of the upcoming hearing where you can present your side.

Final Protective Orders After Hearing

A final protective order is issued after a full court hearing, during which both parties may present evidence. These orders:

• Last up to two years (or longer in serious cases)
• Require proof that family violence occurred and is likely to occur again
• Provide comprehensive prohibitions on contact and communication
• May include child custody, support, and property provisions
• Can include mandatory counseling or treatment
• Result in automatic firearm prohibitions
• Create a permanent record accessible in background checks

The hearing for a final protective order typically occurs within two weeks of the issuance of the temporary order, making prompt legal representation essential.

How to Obtain a Protective Order in Harris County

In Harris County, protective orders can be obtained through several channels:

1. Harris County District Attorney's Office Family Criminal Law Division - Provides free assistance for victims, located at 1310 Prairie Street
2. Aid to Victims of Domestic Abuse (AVDA) - Offers free legal help for protective orders
3. Private attorney representation - Provides personalized guidance throughout the process

The application process involves:

• Completing detailed forms describing the violence or threats
• Providing specifics about dates, locations, and the nature of abuse
• Submitting the application to the appropriate court
• Appearing before a judge for the ex parte hearing
• Arranging for the other party to be served with notice
• Preparing for and attending the final hearing

Navigating this process without legal representation can be challenging, particularly when preparing evidence and testimony for the final hearing.

Defending Against Protective Order Applications

Being served with a protective order application can be shocking and disruptive. Understanding your rights and how to respond effectively is crucial.

Your Rights When Served with a Protective Order

When served with notice of a protective order application, you have important rights:

• The right to receive proper legal notice with adequate time to prepare
• The right to representation by an attorney
• The right to present evidence and witnesses at the hearing
• The right to cross-examine the applicant and their witnesses
• The right to testify on your own behalf
• The right to appeal an adverse decision

However, these rights must be exercised correctly and strategically, which is why immediate legal representation is essential.

Preparing for Your Harris County Hearing

Effective preparation includes:

• Gathering evidence that contradicts the allegations
• Collecting communications (texts, emails, social media) that show the relationship context
• Identifying potential witnesses who can provide relevant testimony
• Developing a timeline of events around the alleged incidents
• Preparing to testify effectively if appropriate
• Understanding the specific allegations to address each claim
• Creating a strategy for cross-examination

The limited time before the hearing makes quick action crucial. Evidence gathered early often proves decisive.

What Happens at a Protective Order Hearing

Protective order hearings in Harris County typically follow this process:

1. The applicant (or their attorney) presents their case first, including testimony and evidence
2. You or your attorney can cross-examine the applicant and their witnesses
3. You present your defense, including your testimony and evidence
4. The applicant's side can cross-examine you and your witnesses
5. Both sides make closing arguments
6. The judge makes an immediate decision

These hearings move quickly — often lasting only 30 to 60 minutes — making thorough preparation essential.

Modifying or Dismissing Protective Orders

If a protective order is issued against you, options exist to address it later:

• Modification - If circumstances change, you can request the court modify terms that are unnecessarily restrictive
• Mutual orders - In some cases, courts will consider mutual protective orders if both parties engaged in violence
• Early termination - After at least one year, you can request termination if you can prove there's no continuing need for protection
• Appeal - You have a limited time to appeal the decision to a higher court
• Agreement - Sometimes the protected person will agree to dismiss or modify the order

Each option requires specific legal procedures and substantial evidence of changed circumstances or original error.

Protective Order Violations and Enforcement

Understanding the serious consequences of violating protective orders and how allegations of violations are handled is crucial, whether you're protected by an order or subject to one.

What Constitutes a Protective Order Violation

Protective orders typically prohibit:

• Direct communication via any medium (phone, text, email, social media)
• Communication through third parties (except attorneys in some cases)
• Being within a specified distance of the protected person (typically 200-500 feet)
• Going near the protected person's residence or workplace
• Possessing firearms or ammunition
• Harassing or threatening behavior
• Certain actions regarding children or property

Any violation, even seemingly minor ones like a text message or brief phone call, can result in criminal charges—regardless of whether the protected person initiated or consented to the contact.

Criminal Consequences of Violating Orders

In Texas, violating a protective order is typically charged as a Class A misdemeanor, punishable by:

• Up to one year in county jail
• Fines up to $4,000
• Mandatory arrest when reported
• No opportunity for a bond until seeing a magistrate

Multiple violations or violations involving violence can be charged as third-degree felonies with penalties of 2 to 10 years in prison. Additionally, violation of federal firearm prohibitions carries separate federal felony charges with up to 10 years in federal prison.

Defending Against Violation Charges

Defenses to protective order violation charges include:

• Lack of knowledge of the order (if you weren't properly served)
• Lack of intent (accidental or inadvertent contact)
• Location defense (you weren't actually within the prohibited distance)
• Invitation by the protected person (though this is not an absolute defense)
• Mistaken identity or false allegations
• Constitutional challenges to overly broad order provisions

These defenses require careful evidence gathering and legal analysis. Many people mistakenly believe that if the protected person initiates contact, they cannot be charged with a violation. This is dangerously incorrect.