Houston Family Violence Assault Defense Attorney
A family violence charge can affect your freedom, your custody rights, your ability to own a firearm, and your reputation — often based on one side of a heated argument. Attorney Myron G. Davis has defended clients against domestic and family violence allegations throughout Harris County and the surrounding area for nearly 20 years.
150+
JURY TRIALS
100's
CASE DISMISSALS
20 yrs
FORMER FELONY PROSECUTOR
What Counts as Family Violence Assault in Texas?
Under the Texas Penal Code, a family violence assault charge applies when the alleged victim is a family member, a household member, or someone the accused has or had a dating relationship with. The charge can range from a Class C misdemeanor for a first offense with no injury, up to a third-degree or second-degree felony when the State alleges strangulation, a prior family violence conviction, or an assault involving a weapon.
These cases carry consequences beyond the criminal courtroom. A conviction — and in some cases just an arrest — can trigger an emergency protective order, restrict access to your children, jeopardize professional licenses, and result in a lifetime federal firearms ban.
Enhanced Penalties
A second family violence conviction, or an allegation involving strangulation or choking, can be charged as a felony rather than a misdemeanor.
Protective Orders
Courts can issue emergency and permanent protective orders that limit where you can live, work, and go — sometimes before you've had a chance to tell your side.
Firearm Restrictions
A qualifying family violence conviction can trigger a lifetime federal prohibition on possessing firearms under 18 U.S.C. § 922(g)(9).
Immigration Consequences
For non-citizens, a family violence conviction can carry immigration consequences, including removal proceedings.
Charged with Family Violence Assault?
These allegations move fast and the stakes are high. Speak with a former felony prosecutor before you make a statement to police, the DA's office, or a bond officer.
- Emergency protective orders (48-hour)
- Magistrate's Order of Emergency Protection
- Assault Family/Household Member
- Continuous Violence Against the Family
- Impeding Breath/Circulation (strangulation)
- Violation of a protective order
Building a Defense to Family Violence Allegations
Family violence cases are often built on the statement of one person made in the heat of the moment, sometimes recanted or contradicted once emotions cool. A thorough investigation frequently reveals a different picture than the initial police report.
- Reviewing 911 calls, body-camera footage, and officer bodycam for inconsistencies with the written report
- Interviewing witnesses who were present or who can speak to the relationship and its history
- Challenging the credibility of the accusation, including motive to fabricate in custody or divorce disputes
- Investigating self-defense or defense of a third person
- Identifying medical or physical evidence that does not match the allegation
- Negotiating with the District Attorney's Office for dismissal, deferred adjudication, or reduced charges where appropriate
Frequently Asked Questions
Can the alleged victim drop the charges?
No. Once a family violence case is filed, the decision to prosecute belongs to the Harris County District Attorney's Office, not the alleged victim. The alleged victim can, however, provide information to prosecutors that may affect how the case is handled, which is one reason early, careful legal strategy matters.
Will I lose custody of my children?
A family violence allegation can be raised in family court and may affect custody and visitation while the criminal case is pending. Coordinating your criminal defense with any parallel family law matter is important.
Can a family violence charge be expunged or sealed later?
Depending on the outcome of the case, some family violence charges may be eligible for an expunction or an order of non-disclosure. Eligibility depends heavily on how the case resolves, which is one more reason to fight the charge from the start.
Our Areas of Practice for Criminal Cases Include:
Asset Forfeiture
Parole Revocation
Homicide
Aggravated Assault
Theft/Robbery
Burglary
Juvenile Law
Record Sealing And Expunctions
Credit Card Abuse
DWI/DUI
Weapon Charges
Don't Face a Family Violence Charge Without Representation
Free initial phone consultation — available 24 hours a day, 7 days a week.