Houston Domestic Violence Attorney
As a Houston domestic violence attorney with Board Certification in Criminal Law and a former prosecutor’s understanding of how Harris County builds these cases, Jose Ceja is ready to defend you from the moment of arrest through resolution.
A domestic violence arrest changes everything fast. Officers respond to a call, someone goes to jail, a protective order is issued, and suddenly you are cut off from your home and family before you have spoken to a single attorney. At Ceja Law Firm, board-certified criminal defense attorney Jose Ceja — a former prosecutor — has spent years on both sides of these cases. He knows how the Harris County District Attorney’s office builds them, what the evidence typically looks like, and exactly where it falls apart.
Our firm serves clients throughout Houston, Harris County, Pasadena, and the greater Houston area in both English and Spanish. Whether you are facing a first-time misdemeanor charge or a felony family violence case, the time to act is now. Contact Ceja Law Firm today for a free, confidential consultation.
Quick Summary: Assault-Family Violence in Texas
- “Domestic violence” is charged as assault with a family violence finding
- A first offense is usually a Class A misdemeanor, but many cases are felonies
- A conviction results in a permanent record and federal firearm ban
- Charges cannot be dropped by the complainant
- Defenses often focus on self-defense, false allegations, and lack of evidence
What Is Assault-Family Violence Under Texas Law?
Texas does not have a single statute called “domestic violence.” What is commonly called domestic violence is prosecuted under Texas Penal Code §22.01 as assault, with a “family violence” finding attached when the alleged victim has a qualifying relationship with the defendant.
That family violence finding is what separates a standard assault from an assault-family violence charge — and it carries consequences that extend far beyond the criminal penalty itself.
The Three Types of Assault Under Texas Law
Texas Penal Code §22.01 defines assault in three ways, all of which can form the basis of an assault-family violence charge:
- Causing bodily injury intentionally, knowingly, or recklessly. Bodily injury includes any physical pain, illness, or impairment of physical condition. Even temporary soreness or swelling qualifies.
- Threatening another person with imminent bodily injury intentionally or knowingly. The threat does not have to cause actual physical harm — only a reasonable apprehension of immediate harm.
- Making offensive or provocative physical contact intentionally or knowingly when the actor knows or should reasonably know the contact will be regarded as offensive.
Who Qualifies as a Family or Household Member?
The family violence designation applies when the alleged victim is:
- A current or former spouse
- A person with whom the defendant has or had a dating relationship
- A parent, child, or other person related by blood or affinity
- A current or former household member, regardless of actual family ties
This is a broad definition. A former dating partner, a roommate, or a family member who no longer lives in the same home can all qualify. Same-sex relationships are fully covered under Texas law.
What the Family Violence Finding Means
When a case is designated as family violence, it is treated differently in several critical ways: it can be used to enhance future charges to felonies, it disqualifies the offense from nondisclosure (record sealing), it triggers federal firearm prohibitions, and it can affect custody and immigration proceedings. The designation follows a person for life.
Penalties for Assault-Family Violence in Texas
Class A Misdemeanor: Standard First Offense
A first-offense assault-family violence causing bodily injury is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. In practice, many first-time defendants receive probation, but the conditions can be extensive: batterer’s intervention and prevention program (BIPP), no-contact provisions, and community service, among others.
Third-Degree Felony: Prior Conviction Enhancement
If the defendant has a prior conviction for assault-family violence, a subsequent charge is elevated to a third-degree felony, carrying two to ten years in state prison and a fine of up to $10,000. A prior conviction from any jurisdiction — including out of state — can trigger this enhancement.
Third-Degree Felony: Assault by Strangulation or Suffocation
Assault by strangulation is charged as a third-degree felony even on a first offense when the conduct involves impeding normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. With a prior family violence conviction, it escalates to a second-degree felony (two to twenty years).
Third-Degree Felony: Continuous Violence Against the Family
Under Texas Penal Code §25.11, two or more acts of assault with bodily injury against qualifying family or household members within a twelve-month period can be charged as continuous violence against the family, a third-degree felony carrying two to ten years in prison, even if neither incident previously resulted in arrest or conviction.
Second-Degree Felony: Aggravated Assault-Family Violence
When serious bodily injury is inflicted, or when a deadly weapon is used or exhibited during a family violence assault, the charge escalates to aggravated assault, a second-degree felony with two to twenty years in prison. If both a deadly weapon is used and serious bodily injury results, it can be charged as a first-degree felony carrying five to ninety-nine years or life.
Additional Consequences Beyond the Sentence
- Federal firearm prohibition: A misdemeanor family violence conviction triggers a lifetime federal ban on possessing firearms under the Lautenberg Amendment (18 U.S.C. §922(g)(9)). This applies even to deferred adjudication in most circumstances.
- Violation of a protective order: Issued automatically in most family violence arrests, violation of a MOEP or protective order is a separate criminal offense.
- No nondisclosure: Unlike many Texas misdemeanors, an assault-family violence conviction cannot be sealed from public records. The record is permanent and fully public.
- Child custody: A family violence finding can significantly affect custody and visitation rights in family court proceedings.
What to Do After an Assault-Family Violence Arrest in Houston
- Do not contact the complaining witness
- Follow all bond conditions and protective orders strictly
- Do not discuss the case with anyone except your attorney
- Preserve all communications, including texts and social media
- Contact a defense attorney immediately
Related and Escalated Charges
Assault-family violence rarely appears alone. Prosecutors frequently add related charges arising from the same incident:
- Terroristic threat: Threatening to commit a violent offense with intent to place a family member in fear of imminent serious bodily injury. Typically a Class A misdemeanor in the family violence context.
- Interference with an emergency call: Preventing a family member from calling 911 is a separate Class A misdemeanor.
- Unlawful restraint: Restricting a person’s movement without consent during a domestic incident can be charged alongside the assault.
- Criminal mischief: Property damage occurring during the same incident is often charged separately.
- Deadly conduct: Reckless conduct placing another in imminent danger of serious bodily injury, including firing a weapon in the direction of another, can accompany a family violence charge.
Defenses to Assault-Family Violence Charges
These cases are among the most aggressively prosecuted in Harris County — and also among the most defensible. The State’s case often depends heavily on a single witness whose account shifts over time. An experienced defense attorney examines every angle:
Self-Defense or Defense of Others
Texas law recognizes the right to use force to protect yourself or another person from unlawful force. See Texas self-defense laws. In many family violence cases, the person who was arrested was actually defending themselves from an initial aggressor. Mutual combat situations, evidence of defensive injuries, and prior aggression by the complainant can all support this defense.
False Allegations
False accusations are a documented reality in family violence cases. They arise in the context of divorce proceedings, child custody disputes, immigration status maneuvering, and relationship breakdowns driven by anger or jealousy. Attorney Ceja reviews the complainant’s communications, social media, prior statements, and any motive to fabricate before building a defense strategy. See also: falsely accused of domestic violence in Houston — here’s what to do.
Lack of Intent or Accident
The bodily injury form of assault requires intentional, knowing, or reckless conduct. The threat form requires intentional or knowing conduct. If the injury was truly accidental — with no reckless disregard for the risk — the intent element may not be provable. Demonstrating that a physical interaction was accidental, or that a statement was misunderstood, can defeat the charge.
Insufficient or Inconsistent Evidence
Police are often called to domestic scenes and make arrests based on a single person’s account. Officers may observe no visible injuries, no corroborating witnesses, and no physical evidence. When the only evidence is the complainant’s word, the defense can attack credibility, prior inconsistent statements, and any history of false reports. Recanting complainants create additional complexity — the State can still prosecute, but the case becomes much harder to prove. For more on how these cases are defended, see: how domestic violence cases are defended.
Bodycam, 911 Audio, and Physical Evidence
What the officer observed at the scene, what was said in the 911 call, and what the photos actually show often diverge from the written report. Attorney Ceja requests all available footage, recordings, and medical records as a primary step in every case.
Consent Defense (Limited)
Texas law recognizes a limited consent defense to assault where the victim effectively consented and the conduct did not threaten or inflict serious bodily injury. This defense is narrowly available and does not apply to serious injury situations, but may be relevant in cases involving minor offensive contact.
Quick Reference: Assault-Family Violence in Texas
| Primary Statute | Texas Penal Code § 22.01 with family violence finding | |
|---|---|---|
| Standard First Offense | Class A Misdemeanor | Up to 1 year jail, up to $4,000 fine |
| With Prior Conviction | Third-Degree Felony | 2–10 years prison |
| Strangulation (First Offense) | Third-Degree Felony | 2–10 years prison |
| Continuous Family Violence | Third-Degree Felony | 2–10 years prison |
| Aggravated (Serious Injury or Deadly Weapon) | Second-Degree Felony | 2–20 years prison |
| Nondisclosure | Not available for family violence convictions | Record is permanent |
| Firearms | Federal prohibition applies to misdemeanor and felony family violence convictions | |
The complainant cannot drop the charges — only the State can dismiss
Domestic Violence in Harris County: By the Numbers
Harris County is the state’s most active jurisdiction for family violence prosecution — by a significant margin. In 2024, Texas law enforcement agencies filed more than 49,000 misdemeanor and felony domestic violence assault charges statewide, according to data from the Texas Office of Court Administration. Nearly one in four of those charges — close to 12,000 — originated in Harris County, according to reporting by the Houston Landing.
The volume reflects the county’s scale and the Harris County DA’s historically aggressive posture on these cases. In January 2025, the DA’s office launched a dedicated Domestic Violence Bureau to centralize prosecution of all misdemeanor and felony family violence cases — a structural change that signals these cases will be prosecuted with even greater resources and consistency going forward.
The stakes extend beyond arrests. According to data published by the Texas Council on Family Violence and reported through the City of Houston, 38 Harris County residents lost their lives to intimate partner violence in 2023 alone. Statewide, Harris County reports family violence incident rates consistently above both the state average and neighboring counties like Fort Bend and Montgomery, according to Understanding Houston.
What these numbers mean for defendants is that Harris County prosecutors treat family violence cases as the county’s highest-volume, highest-priority charge category. Dismissals and favorable outcomes happen — but they require an attorney who understands this environment and knows how to work within it.
Diversion and Alternative Programs
Harris County offers limited diversion options for first-time assault-family violence defendants, but eligibility is narrow and the program is not available in all cases. Defendants who do not have a prior family violence history and whose cases involve no serious injury may be considered for deferred prosecution through the DA’s office, which can result in dismissal upon completion of conditions including batterer’s intervention programming.
Deferred adjudication in a family violence case still triggers the federal firearm prohibition and still leaves a public record. It is also not eligible for nondisclosure. Whether deferred adjudication makes sense depends on the strength of the State’s evidence and your individual circumstances. Attorney Ceja evaluates this as part of every case strategy. For more on how these cases can be resolved favorably, see: how to get an assault-family violence case dropped.
Important immigration note: deferred adjudication is treated as a conviction under federal immigration law regardless of how Texas courts classify it. Non-citizens should consult an immigration attorney before accepting any plea or deferred adjudication offer in a family violence case.
Your Record After an Assault-Family Violence Case
If your case is dismissed or you receive a not-guilty verdict at trial, the arrest record is eligible for expunction. An expunction completely removes the arrest from public records and allows you to legally deny it occurred in most circumstances. Ceja Law Firm also handles domestic violence expunctions in Houston after favorable outcomes.
If you are convicted of assault-family violence — even a Class A misdemeanor — the record cannot be sealed or nondisclosed under Texas law. This is one of the starkest distinctions between family violence cases and other misdemeanor charges. A conviction is permanent and publicly accessible. That permanence is one of the strongest reasons to fight the charge aggressively from the start rather than accept an early plea.
Long-Term Consequences of a Family Violence Finding
Even a first-time misdemeanor conviction carries consequences that extend well beyond the sentence:
Employment
Background checks will reveal the conviction permanently. Employers in healthcare, education, law enforcement, government, and any field requiring professional licensing routinely disqualify applicants with family violence records.
Federal firearm prohibition
Under the Lautenberg Amendment (18 U.S.C. §922(g)(9)), a misdemeanor family violence conviction results in a lifetime federal ban on possessing firearms or ammunition. This applies to existing firearms as well — you must surrender or transfer them.
Professional licensing
Texas licensing boards for nurses, teachers, contractors, social workers, and other regulated professions consider criminal history including family violence findings.
Child custody and family law
A family violence finding in the criminal case is powerful evidence in a civil custody proceeding. Texas Family Code §153.004 creates a rebuttable presumption against awarding custody to a person with a family violence history.
Housing
Landlords routinely screen for assault-family violence convictions, which can make it difficult to rent in many markets.
Immigration Consequences of Assault-Family Violence
For non-citizens, a domestic violence conviction is among the most serious immigration consequences in the criminal code. Under federal law, assault-family violence is a deportable offense as a crime of violence, and it qualifies as a crime involving moral turpitude (CIMT) in most circumstances. A conviction can trigger removal proceedings, bar re-entry, and permanently prevent naturalization or adjustment of status.
Protective orders also carry immigration weight. A court-issued protective order based on a credible threat of violence can itself affect immigration proceedings independently of any criminal conviction.
Deferred adjudication is treated as a conviction under federal immigration law even if Texas courts view it differently. Do not accept any plea, deferred adjudication, or other resolution in a family violence case without first consulting an immigration attorney if your status could be affected.
How Ceja Law Firm Defends Assault-Family Violence Cases
Attorney Jose Ceja is board certified in criminal law by the Texas Board of Legal Specialization and is a former prosecutor who handled these cases from the State’s side. That background gives him a direct view into how Harris County prosecutors build family violence cases — and where those cases are most vulnerable. Every client gets a three-step defense approach:
Step 1: Case Intake and Immediate Action
We review the facts of your arrest during an initial consultation and immediately address the most urgent issues: bond conditions, the protective order, and any deadline to contest conditions of release. We also take immediate steps to preserve evidence that can disappear quickly, including 911 call recordings, bodycam footage, text messages, and medical records.
Step 2: Evidence Review
We request and review every piece of evidence the State possesses: the police report, 911 audio, bodycam and dashcam footage, photographs of the scene and any injuries, medical records, prior criminal history of both parties, and all communications between the parties. We look for inconsistencies in the complainant’s account, evidence of prior false allegations, physical evidence that contradicts the narrative, and any grounds to challenge the constitutionality of the arrest.
Step 3: Strategy and Resolution
Based on what the evidence shows, we build a defense strategy tailored to your case. That may mean filing motions to suppress unlawfully obtained evidence, working toward dismissal through investigative findings, pursuing a diversion resolution where appropriate, or taking the case to trial. We never push clients toward a plea that does not serve their interests. You will understand every option before any decision is made.
Frequently Asked Questions: Assault-Family Violence in Houston
They refer to the same charge under Texas law. “Domestic violence” is the everyday term most people use. “Assault-family violence” is the legal designation under Texas Penal Code §22.01 when the alleged victim has a qualifying relationship with the defendant. Texas does not have a standalone domestic violence statute — it charges assault with a family violence finding attached, which triggers a separate set of consequences beyond the assault penalties themselves.
No. In Texas, once charges are filed, only the State can dismiss them. Even if the complainant recants, refuses to cooperate, or formally requests that charges be dropped, the Harris County DA’s office can and often does proceed with prosecution independently. Prosecutors treat recanting complainants as a common feature of these cases, not as a reason to dismiss. An attorney who knows how to use a recantation strategically can still leverage it as part of the defense, but it does not automatically end the case.
Violating a protective order is a separate criminal offense, typically a Class A misdemeanor, and can also result in your bond being revoked. If you are subject to a magistrate’s order of emergency protection (MOEP) or a formal protective order, any prohibited contact with the protected individual — including through third parties or social media — can result in immediate arrest. Contact your attorney before making any contact, even if the complainant initiates it.
Yes, if convicted. A misdemeanor assault-family violence conviction triggers a lifetime federal ban on possessing firearms or ammunition under 18 U.S.C. §922(g)(9). This is one of the most significant collateral consequences of a family violence conviction and applies regardless of whether you have a license to carry. Deferred adjudication also triggers the prohibition in most circumstances, even though it is not technically a final conviction under Texas law.
No. A conviction for assault-family violence is not eligible for nondisclosure (record sealing) under Texas law, regardless of how much time has passed or how well you completed your sentence. However, if your case is dismissed or you are found not guilty, the arrest can be expunged entirely. This is why the outcome of the case matters so much — a conviction means a permanent, publicly accessible record. Learn more: Houston domestic violence expunction attorney.
It is common in domestic incidents for police to arrest the wrong person, particularly when both parties have injuries or when officers rely on one account without fully investigating. If you were acting in self-defense and were arrested anyway, that is a factual and legal defense that can be presented at trial or used to pursue dismissal. Attorney Ceja frequently handles cases where the defendant was the actual victim of the incident that led to arrest.
A domestic violence conviction is one of the most serious immigration consequences in the criminal code. It is a deportable offense as a crime of violence under 8 U.S.C. §1227(a)(2)(E) and can qualify as a crime involving moral turpitude. This applies to both misdemeanor and felony convictions. Deferred adjudication is treated as a conviction under federal immigration law. If you are not a U.S. citizen, consult an immigration attorney before accepting any plea or resolution in this case.
A Magistrate’s Order of Emergency Protection (MOEP) is issued automatically in most assault-family violence arrests in Harris County. It takes effect immediately and typically prohibits the defendant from returning home, contacting the complainant, or coming within a specified distance of the complainant’s residence, workplace, or children’s school. These orders can be modified or contested, but only through the court. An attorney can file a motion to modify conditions if circumstances warrant it.
Yes. Dismissals in first-time assault-family violence cases happen, but they require strategic work. The most common paths to dismissal include a credibility breakdown in the complainant’s account, physical evidence that contradicts the allegations, a successful suppression motion, or negotiated dismissal through a diversion program. The earlier you retain an attorney, the more options are available. Evidence preservation in the first days after an arrest is critical.
In early 2025, the Harris County DA’s office launched a dedicated Domestic Violence Bureau to centralize prosecution of all family violence cases. Previously, only the most complex cases were handled by specialists — now all misdemeanor and felony family violence cases are routed to prosecutors with specialized training and resources. This makes experienced defense counsel more important than ever. Understanding how this bureau operates and how its prosecutors approach cases is a meaningful advantage in defending one.
Charged With Assault-Family Violence in Houston? Contact Ceja Law Firm Today
Domestic violence charges carry consequences that last long after the case is resolved: a permanent record, federal firearm prohibition, custody implications, and, for non-citizens, potential deportation. The Harris County DA’s office treats these cases as its highest-volume priority. You need an attorney who understands that environment.
At Ceja Law Firm, Board Certified criminal defense attorney Jose Ceja brings a former prosecutor’s insight to every family violence defense. He knows how these cases are built and where they are most vulnerable.
We represent clients throughout Houston, Harris County, Pasadena, and surrounding areas. Consultations are available in English and Spanish. Contact Ceja Law Firm today for a free, confidential consultation.
When you need a Houston domestic violence attorney who has handled these cases from both sides of the courtroom, Ceja Law Firm is ready to defend you — call today for a free, confidential consultation.
Don’t face a domestic violence charge without Board-Certified defense. Ceja Law Firm serves clients throughout Houston and Harris County. Hablamos español. Call today for a free, confidential consultation.
