Family Violence and Assault Charges in Texas: Know Your Rights
September 11, 2026
Being accused of family violence or assault is one of the most stressful situations a person can face. These cases move quickly, the consequences can be severe, and emotions on all sides tend to run high. If you or someone you love has been arrested or charged in Houston, understanding how these cases work — and what rights you have — can make a real difference in the outcome.
What Counts as "Family Violence" Under Texas Law
Texas law treats family violence differently from a standard assault charge. It applies not just to spouses, but to a broad range of relationships, including:
• Current or former spouses
• People who live together or have lived together
• Parents and children
• People who have a child together, even if they were never married
• Dating partners
Because the definition is so broad, many people are surprised to learn that an argument with a roommate, an ex, or a family member can fall under family violence statutes rather than being treated as a routine assault case.
Why These Charges Are Taken So Seriously
Prosecutors and judges in Harris County tend to treat family violence allegations with heightened caution, even when the facts are disputed. A few things set these cases apart:
• Protective orders are common.
Courts can issue an emergency protective order shortly after arrest, sometimes before the accused ever speaks with an attorney. These orders can require you to leave your own home, stay away from your children, or avoid contact with a spouse or partner.
• A "family violence finding" carries lasting consequences.
A conviction that includes this finding can affect your right to own a firearm, your immigration status, child custody proceedings, and future employment — separate from any jail time or fine.
• Cases can proceed even if the alleged victim doesn't want to press charges.
Once law enforcement is involved, the decision to prosecute belongs to the District Attorney's office, not the individuals involved.
Your Rights If You've Been Accused
If you're facing a family violence or assault charge, it's important to remember:
1. You have the right to remain silent.
Anything said to police at the scene, or in a follow-up interview, can be used against you. Politely declining to answer questions until you speak with an attorney is not an admission of guilt — it's a protection the law gives you.
2. You have the right to an attorney.
This applies from the moment of arrest, not just at trial. Early legal guidance can shape decisions about protective orders, bond conditions, and how (or whether) to communicate with the other party.
3. A protective order does not mean you've been convicted.
It's a civil measure, separate from the criminal case, and it can often be challenged or modified with the right legal approach.
4. Allegations are not the same as proof.
Family violence cases frequently involve conflicting accounts, incomplete evidence, or circumstances that look very different once the full picture comes out.
What to Do Right Now
• Do not contact the alleged victim, even to "clear things up" — this can violate a protective order and lead to additional charges.
• Write down your own account of what happened while it's fresh, including any witnesses.
• Follow all bond and protective order conditions exactly, even if you disagree with them.
• Speak with a criminal defense attorney before making any statements or agreements.
Get Help From an Experienced Houston Defense Attorney
Family violence charges can affect your freedom, your family, and your future — often all at once. At the Law Office of Myron G. Davis, we understand how much is at stake and work to protect your rights at every stage of the process, from the first bond hearing through trial, if necessary.
If you or a loved one has been accused of family violence or assault in Houston, don't wait to get answers. Call (713) 236-0800
for a free initial phone consultation, or visit our Family Violence & Assault
page to learn more about how we can help.
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