Serious Defense For Assault Family Violence Charges In Texas
If you or someone close to you has been accused of domestic or assault family violence in Texas, you are facing a situation that can affect your freedom, your family, and your future. You may be worried about going to jail, losing contact with your children, or seeing a permanent mark on your record. In a moment like this, you need a domestic violence attorney Austin defendants can turn to for clear answers and steady guidance.
At Lance Kennedy Law, we are a Texas criminal defense firm built for high stakes cases. Our team includes multiple former federal and Texas prosecutors, two attorneys who are Board Certified in Criminal Law by the Texas Board of Legal Specialization, and trial lawyers who have handled hundreds of jury trials and thousands of criminal cases across the state. We use that background to analyze domestic violence allegations from every angle and to protect what matters most to you.
Domestic violence accusations move quickly, and early decisions can have long lasting consequences. We provide straightforward counsel about your options, the risks you are facing, and the steps we can take together to defend your case and your future.
Why Our Team Handles Domestic Violence Cases Differently
When you are choosing a firm to handle an assault family violence case, experience on both sides of the courtroom matters. Our attorneys have served as an Assistant United States Attorney, an Assistant District Attorney, and as prosecutors in serious state and federal cases. We do not guess how the government evaluates domestic violence files, we have been the ones making those decisions.
That perspective helps us identify investigative gaps, challenge how evidence was collected, and anticipate the arguments a prosecutor is likely to make. It also shapes how we present information to the state, whether we are seeking a dismissal, a reduction, or preparing to take a case to trial. Prosecutors negotiate differently when they know the defense team has substantial jury trial experience.
Board Certification in Criminal Law is another important signal for clients who are facing domestic violence allegations. Two of our attorneys have earned this credential from the Texas Board of Legal Specialization, which reflects substantial involvement in complex criminal matters and peer recognition within the field. Combined with our exclusive focus on criminal defense and our multi office presence in Texas, this gives our clients confidence that their case is being handled by a team that focuses on criminal law every day.
Understanding Assault Family Violence & Domestic Violence Charges In Texas
Texas law often refers to what people call domestic violence as family violence or assault family violence. These cases can involve spouses, dating partners, former partners, people who share a child, or other members of the same household. Law enforcement and prosecutors in this state take these allegations seriously, even when the people involved later want to move on.
Domestic related charges can range from a Class A misdemeanor to serious felonies. An argument that leads to alleged bodily injury may be filed as misdemeanor assault family violence. Cases involving prior convictions, choking allegations, serious bodily injury, young children, or weapons can be filed as felonies. Threats that place someone in reasonable fear of imminent harm, interference with 911 calls, and violations of previous protective orders can also play a role.
These cases often arise from fast moving situations, such as heated arguments, breakups, or disputes during stressful life events. Officers who respond to a 911 call commonly make arrest decisions based on limited information, noisy scenes, and conflicting statements. Our job is to slow that process down, gather the full context, and make sure your side of the story is heard in the forums that matter.
Real Consequences Of A Domestic Violence Case In Texas
A domestic violence case is about far more than whether you have to go to jail. The legal label attached to an assault family violence charge can follow you for years, even if you avoid a conviction. We spend significant time helping clients understand not only the immediate risks, but also the long term consequences that may not be obvious on day one.
Protective Orders & New Criminal Exposure
One of the first issues many clients face is a protective order. Courts can issue temporary or longer term orders that restrict where you can go and who you can have contact with. This can mean being removed from your home, limited contact with your children, and strict rules about communication. Violating a protective order is a separate criminal offense, so it can become a trap for people who do not fully understand its terms or who feel pressure from family to ignore it.
Record & Background Check Impact
Record consequences are another critical concern. In Texas, assault family violence has unique rules when it comes to nondisclosure and expunction. Even if you receive deferred adjudication and successfully complete it, you may not be able to seal the record of that charge, and background checks can still reveal that you were arrested for a domestic type offense. We explain these rules clearly so you do not accept an outcome that has lasting impact you did not expect.
Firearm Rights & Other Collateral Effects
There are also serious implications for firearm ownership and possession. Many of our clients hunt, shoot recreationally, or keep firearms for personal protection. Certain domestic violence convictions and some protective orders can affect your ability to legally possess a gun under state and federal law. In addition, these cases can influence employment opportunities, housing applications, professional licenses, immigration status, and child custody arrangements. A realistic view of these consequences is essential when deciding how to proceed.
How A Domestic Violence Lawyer Austin Residents Call Can Help Early
The first days after a domestic violence arrest are often confusing and overwhelming. You may be trying to understand bond conditions, no contact orders, and when you can return home. Speaking with a domestic violence lawyer Austin residents rely on for serious criminal matters during this period can help you avoid mistakes that make your situation worse.
Early in a case, our team advises clients about interactions with law enforcement, conditions of release, and any emergency or final protective orders issued by county courts. We explain, in plain language, what you can and cannot do under those conditions so that you do not accidentally expose yourself to new charges. We also begin collecting and preserving important evidence, such as text messages, social media communications, call logs, video footage, and medical records, before those materials are lost or altered.
Because several of our attorneys have served as prosecutors, we understand how county attorney and district attorney offices review domestic violence cases in this region. We know what they look for when deciding whether to file charges, what level to pursue, and how they assess requests for dismissal or reduction. We use that insight to present information in a way that addresses their likely concerns and highlights weaknesses in the evidence.
For many people, this is their first time in the criminal justice system. We walk you through what to expect at court settings, how your case will be scheduled, and how your criminal matter may intersect with any ongoing divorce or custody disputes. Our goal is to help you make informed choices at every step, with as much control and clarity as the system allows.
Possible Defense Approaches In Domestic Violence Cases
No two domestic violence cases are identical. We take time to understand what happened from your perspective, to review the evidence the state has, and to identify where reasonable doubt may exist. From there, we consider a range of defense approaches that may apply to your situation.
Self Defense, False Allegations & Proof Problems
In some cases, self defense is a central issue. If you were protecting yourself or another person from harm, we look for evidence that supports that account, such as injuries to both parties, prior threats, or statements made at the scene. In other matters, we see allegations that are exaggerated or false, sometimes related to divorce, custody conflicts, or efforts to gain leverage in another case. We examine inconsistencies in statements, timing of reports, and potential motives that a jury or judge should understand.
We also focus on the strength of the state’s proof. Prosecutors must establish guilt beyond a reasonable doubt, and gaps in the investigation can matter. As former government attorneys, we pay close attention to how officers documented the scene, whether body camera or 911 recordings support what is written, and whether any constitutional issues arose during questioning or entry into a home. If rights were violated, we work to challenge the use of that evidence.
Other Issues That Can Shape Strategy
Other defenses can involve accidents, mutual combat situations, or questions about who the primary aggressor truly was. In every case, we evaluate whether the facts support negotiation for a reduced charge, alternative resolutions, or whether we should prepare for trial. Our preparation is aimed at putting you in the strongest possible position, whatever path you choose.
What It Is Like To Work With Our Criminal Defense Team
When you hire our firm, you are not left in the dark about what is happening in your case. We believe in straightforward counsel, which means we will explain the law, the evidence, and the realistic options in clear terms. We do not offer guarantees, and we do not minimize the seriousness of domestic violence charges, but we do work to give you a reliable picture of where you stand.
You can expect regular communication about upcoming court dates, deadlines, and developments in negotiations. We discuss strategy with you, and we take your priorities into account, whether your main concern is avoiding a conviction, maintaining employment, protecting a professional license, or preserving your ability to own firearms. When appropriate, we coordinate with family members or other counsel, such as your divorce attorney, to make sure decisions align with broader goals.
We know that the cost of legal representation is a real concern, especially when you are also dealing with bond, lost work, or other financial strain. Our firm offers payment plans that are designed to help clients secure experienced criminal defense when they need it most. From our principal office in Austin and additional offices in other Texas cities, we represent people throughout the region who find themselves facing domestic violence allegations and other serious criminal charges.
Frequently Asked Questions
What Happens After A Domestic Violence Arrest In Texas?
After a domestic violence arrest in Texas, you are typically booked into jail, see a judge for conditions of release, and then your case is assigned to a prosecutor for review. The specific court and timeline depend on where the incident occurred and how the case is classified. Our team helps you understand bond conditions, including any no contact or protective orders, and prepares you for initial court settings. We also begin reviewing the evidence that will be used to support the charge so we can plan a strategy from the outset.
Can The Alleged Victim Drop My Domestic Violence Charges?
The alleged victim does not control whether domestic violence charges are filed or dismissed in Texas. Once a case is referred to a prosecutor’s office, that office decides how to proceed based on the law and the available evidence. The wishes of the complaining witness can matter, but they are only one factor in a larger decision. As former prosecutors, we understand how these choices are made, and we work to present information that may support a reduction, a dismissal, or a resolution that avoids the most severe consequences.
Will A Texas Domestic Violence Case Stay On My Record Forever?
Many domestic violence cases in Texas can have long lasting record effects, even when the outcome seems favorable at first. Assault family violence charges often cannot be sealed through nondisclosure, and deferred adjudication may still leave a record that appears on background checks. Whether you can expunge or seal anything depends on the final disposition and your history. We explain these rules before you make decisions about pleas or programs, because understanding record impact is critical when you are planning for employment, housing, or licensing in the future.
How Can A Protective Order Affect My Life Right Now?
A protective order can affect where you live, who you can contact, and what you are allowed to do on a daily basis. It may require you to stay away from your home, your spouse or partner, your children, or certain locations, and it can restrict communication in ways that feel harsh and confusing. Violating any term of that order can result in a new criminal charge, even if the other person invited or encouraged contact. We walk you through each condition so you understand it, and we talk about practical ways to comply while your underlying case is pending.
Will This Case Affect My Right To Own Or Carry A Firearm?
A domestic violence case can significantly affect your ability to own or possess firearms, depending on the outcome and any related orders. Certain convictions, and sometimes active protective orders, can restrict firearm possession under state and federal law. This is especially important in Texas, where many people hunt or keep firearms for sport or protection. We cannot promise a particular result regarding your rights, but we do factor potential firearm consequences into our analysis when we evaluate resolutions and advise you about your options.
How Soon Should I Contact Your Team After A Domestic Violence Arrest?
It is usually best to contact our team as soon as possible after a domestic violence arrest, ideally before your first substantial interaction with the court system. Early involvement allows us to advise you about talking to law enforcement, help you understand bond and release conditions, and begin preserving evidence that could help your defense. We also start preparing for how the case will be reviewed by the prosecutor’s office, drawing on our experience as former government attorneys. The earlier we can start, the more opportunities we may have to influence how the case develops.
What Makes Your Firm Different In Handling Domestic Violence Cases?
Our firm is different because we bring former federal and Texas prosecutors, Board Certified Criminal Law attorneys, and significant jury trial experience together in one criminal defense team. We focus exclusively on criminal law in Texas, and we have handled thousands of cases, including many involving domestic or family violence. That depth lets us identify issues that others may miss and to give you candid advice based on how these cases are actually handled in local courts. When you work with us, you know your case is being reviewed through the lens of both prosecution and defense experience.
Talk With Our Team About Your Domestic Violence Case
A domestic violence charge touches almost every part of your life, from your freedom and your family to your record and your firearm rights. You do not have to navigate that alone, and you do not have to guess about the long term consequences of each decision. Our attorneys at Lance Kennedy Law bring former prosecutor insight, Board Certified criminal law experience, and a trial ready approach to every domestic violence case we accept.
When you contact us, we will review your situation, explain the law in clear terms, and discuss realistic options for moving forward. We work to protect your record, your relationships, and your future, and we offer payment plans to help you access experienced defense when it matters most. To talk with a domestic violence attorney Austin clients trust for serious criminal matters, reach out today for a confidential consultation.
Call (737) 324-7540 or contact our firm online to speak with our team about your domestic violence case.
Types of Domestic Violence Charges
Assault: This can range from causing bodily injury to merely threatening imminent bodily injury.
Aggravated Assault: This involves causing serious bodily injury or using or exhibiting a deadly weapon during the assault.
Continuous Violence Against the Family: This charge applies when there are two or more domestic assaults within a 12-month period.
Stalking: Involves repeated behavior that puts someone in fear for their safety.
Violation of Protective Orders: This occurs when someone knowingly violates the terms of a court-issued protective order.
Other offenses can result in domestic violence charges as well. Speak with an attorney right away if you’re under investigation or arrest for any type of family violence crime.
What Scenarios Lead to Domestic Violence Charges in Austin?
Domestic violence charges can arise from various situations, including:
Arguments that escalate to physical confrontations
Misunderstandings or false accusations during divorce or custody disputes
Self-defense situations misconstrued by law enforcement
Mental health crises that lead to threatening behavior
Retaliation or revenge scenarios in troubled relationships
Remember, charges don’t make you guilty. Each case has unique circumstances, and Lance Kennedy is committed to understanding your situation to build the most effective defense strategy.
What Are the Potential Penalties of a Domestic Violence Conviction in Texas?
Protective Orders: The court may issue a protective order, limiting your movements and contacts.
Counseling and Batterer Intervention Programs: The court may require you to participate in these programs.
Travel Restrictions: Some countries may deny entry to individuals with domestic violence convictions.
Social Stigma: The label of domestic abuser can have lasting social and personal consequences.
With all that’s at stake, you must have a skilled attorney like Lance Kennedy fighting for your rights and working to mitigate these potential consequences.
How an Austin Domestic Violence Attorney Helps Early in the Case
The decisions you make in the first days after an arrest or allegation can have a lasting impact on your case. An early call to an Austin domestic violence attorney can help you avoid common mistakes, understand the conditions of your release, and prepare for what will happen when you appear in court. Rather than trying to navigate the criminal process on your own, you have someone focused on protecting your record and your long-term future.
At the start of a case, we can advise you about interacting with law enforcement, conditions of bond, and any no-contact or protective orders that may be issued in Travis County courts. We can also begin gathering text messages, medical records, and witness information before memories fade or evidence disappears. Taking these steps early can make a significant difference when your case is reviewed by prosecutors in the Travis County Attorney’s Office or the Travis County District Attorney’s Office.
For many people, a domestic violence arrest is their first experience with the criminal justice system in Austin. We take time to explain how your case will move through local courts, what to expect at settings in the Travis County Courthouse, and how your criminal charge may interact with any ongoing divorce or custody cases. Our goal is to help you make informed choices at every stage so you can move forward with as much control and clarity as possible.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
What Are Some Common Defense Strategies for Domestic Violence?
When defending against domestic violence charges, Lance Kennedy employs a range of strategies tailored to the specific circumstances of each case.
Depending on your case, these could include:
Self-Defense: If you were protecting yourself or others from harm, Lance will gather evidence to show that your actions were reasonable and necessary.
False Accusations: Unfortunately, domestic violence charges are sometimes fabricated, often in the context of divorce or custody disputes. Lance will work to expose any inconsistencies in the accuser’s story and present evidence of potential motives for false accusations.
Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. If there’s insufficient evidence to support the charges, Lance will push for dismissal or acquittal.
Violation of Constitutional Rights: If law enforcement violated your rights during the arrest or investigation, Lance may be able to have certain evidence suppressed or the case dismissed.
Accident: In some cases, what appeared to be intentional violence was actually an accident. Lance will help gather and present evidence to support this defense.
Mutual Combat: In situations where both parties willingly engaged in a physical altercation, Lance could potentially use this as a defense strategy.
Mental Health Issues: In some cases, underlying mental health conditions may have contributed to the incident. Lance can work to have these factors considered in your defense.
Challenging Witness Credibility: Lance will scrutinize witness testimonies and work to expose any inconsistencies or biases.
Since each case is unique, you may have other defense options. You can rely on Lance to explore every avenue to defend you or reduce the severity of your punishment.
What Happens If I’m Accused of Domestic Violence in Austin?
Being accused of domestic violence can be a frightening and confusing experience. Here’s how the process typically happens:
Initial Report: Someone reports an incident to the police.
Police Investigation: Law enforcement investigates the complaint, which may include interviewing parties involved and gathering evidence.
Arrest: If the police have probable cause to believe domestic violence occurred, they may make an arrest. In domestic violence cases, police can arrest you even if the alleged victim doesn’t want to press charges.
Emergency Protective Order: The court may issue an emergency protective order, requiring you to stay away from the alleged victim.
Booking and Holding: If arrested, you’ll be booked into jail and may be held for up to 48 hours before seeing a judge.
Bail Hearing: A judge will determine whether to grant bail and under what conditions.
Arraignment: You’ll be formally charged and asked to enter a plea.
Pre-Trial Proceedings: This phase involves evidence gathering, filing of motions, and potential plea negotiations.
Trial: If a plea agreement isn’t reached, your case will proceed to trial.
Sentencing: If convicted, the judge will determine your sentence based on the specifics of your case and any applicable sentencing guidelines.
Throughout this process, having Lance Kennedy as your attorney can make a significant difference. He’ll guide you through each step, protect your rights, and work tirelessly to achieve the best possible outcome for your case.
Why Should I Choose Lance Kennedy to Defend Me in Austin?
Lance Kennedy stands out as the right choice to defend against your Austin domestic violence charges for several reasons:
He served as a former federal and Texas criminal prosecutor. Lance has invaluable knowledge from both sides of the law. This insider perspective allows him to anticipate the prosecution’s strategies and build stronger defenses.
Lance focuses his practice exclusively on criminal defense. He can ensure you receive focused and personalized attention for your case.
With extensive experience in Austin’s legal system, Lance understands the local courts, judges, and prosecutors. These connections allow him to successfully navigate cases effectively.
Lance has successfully defended numerous clients against domestic violence charges, achieving favorable outcomes through skilled negotiation and litigation.
Lance understands the emotional toll of domestic violence charges and provides supportive, non-judgmental representation.
With his comprehensive legal knowledge, Lance can develop innovative defense strategies tailored to your unique situation.
Lance’s experience often allows him to negotiate favorable plea deals or alternative sentencing options when appropriate.
Although Lance resolves many cases before trial, he is always prepared to vigorously defend you in court if necessary.
Lance believes in keeping clients fully informed. He’ll explain your options clearly and guide you in making informed decisions about your case.
Lance’s professionalism and skill have earned him respect among peers, prosecutors, and judges, which can be beneficial in advocating for you.
Choosing Lance Kennedy means having a dedicated, experienced, and skilled advocate fighting for your rights and future.
Contact an Austin Domestic Violence Attorney Today
If you’re facing domestic violence charges in Austin, time is of the essence. The sooner you have a reputable Austin criminal defense law firm, the better your chances of achieving a favorable outcome. Lance Kennedy is ready to stand by your side, protect your rights, and fight for your freedom and future.
Don’t let fear or uncertainty hold you back. Take the first step towards resolving your legal challenges by contacting Lance Kennedy Law today. During your free initial consultation, Lance will answer your questions, advise you on the best course of action, and devise a robust defense on your behalf.
Remember, being charged doesn’t mean you’re guilty. You can defend yourself and receive a fair and impartial hearing. Lance Kennedy is committed to asserting your rights and advocating for you throughout the process. With his experience, dedication, and strategic approach, you’ll have a powerful legal ally in your corner. Contact us now at (737) 324-7540.
While the victim’s wishes are considered, the decision to pursue charges ultimately lies with the prosecutor. They may proceed even if the victim doesn’t want to press charges.
While being charged doesn’t automatically result in job loss, some employers may take action based on company policies. Lance can advise you on how to handle this situation.
The duration varies greatly depending on the case’s complexity and whether it goes to trial. Some cases resolve in months, while others may take over a year.
It depends on the specifics of your case and any protective orders in place. Lance can help you understand and potentially modify any restrictions.
Non-citizens face additional risks, including potential deportation. It’s crucial to inform Lance about your immigration status so he can consider this in your defense strategy.
In some cases, especially for first-time offenders, alternative sentencing options like counseling programs may be possible. Lance will explore all available options for your case.
Lance will thoroughly investigate your case, looking for any evidence that supports your account, inconsistencies in the accuser’s story, or witnesses who can corroborate your version of events.
You must comply with the order, even if you believe it’s unwarranted. Violating the order will only get you into deeper legal trouble. Contact Lance immediately for guidance on how to respond legally.
Prosecutors may attempt to introduce evidence of past incidents. Lance will work to exclude any irrelevant or prejudicial evidence and context to any admissible past incidents.
This decision depends on the strength of the evidence, potential penalties, and your personal circumstances. Lance will provide a thorough analysis to help you make an informed choice.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.