A family violence arrest in Kaufman can keep you out of your own home within hours, long before any trial. The charge is assault, but the family violence label adds emergency orders, contact restrictions, and consequences that reach well past the courtroom. If you are scared about what comes next, that reaction makes sense.
A Kaufman domestic violence lawyer at Garcia, Garcia & Mullen Criminal Defense & Injury Lawyers can step in while bond conditions and protective orders are still being set and challenged. We defend people accused of family violence throughout Kaufman County, and we meet clients at our office on North Washington Street in Kaufman. Call (214) 214-1000 to talk with our team about the accusation you are facing.
Our firm keeps a criminal defense office at 307 N Washington St, Suite 110B, in Kaufman, available by appointment. Lukas Garcia, the attorney behind that office, has practiced criminal defense his entire legal career. He is also a second-generation state and federal criminal defense attorney.
Family violence cases move fast in the first days, so our work starts there. We review the emergency protective order and every bond condition, explain what each term prohibits, and identify what can be challenged. Then we request the recordings and records the State plans to rely on.
Aggressive defense means testing the accusation, not repeating it back to you. We look for the gaps between the 911 call, the offense report, and what the photographs show. When the evidence points to self-defense or an exaggerated account, we build the defense around that.
The same approach drives our domestic violence defense across the metroplex.
In Texas, the core charge in a domestic violence case is usually assault. Under Texas Penal Code § 22.01, assault includes intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse. Threatening someone with imminent bodily injury can also qualify.
The family violence label comes from Texas Family Code § 71.004. It covers an act by one family or household member against another that is intended to cause physical harm, bodily injury, assault, or sexual assault. A threat that reasonably creates fear of that harm also qualifies, and so does dating violence.
Family includes relatives by blood or marriage, former spouses, parents of the same child whether or not they married, and foster parents and foster children.
One exclusion matters in many cases: The definition does not include defensive measures taken to protect oneself.
A first accusation of causing bodily injury to a family member, household member, or dating partner is generally a Class A misdemeanor. It still carries possible jail time and a lasting family violence record.
Section 22.01 raises the offense to a third-degree felony in the following situations:
A strangulation allegation can turn a first arrest into a felony case.
Several things happen quickly after a family violence arrest, and each carries its own rules.
Posting bond does not always mean you are released immediately. Under Article 17.291 of the Texas Code of Criminal Procedure, a person arrested without a warrant for family violence may be held up to 4 hours after bond is posted. That hold requires probable cause to believe the violence will continue.
A magistrate can extend the hold by up to 48 more hours, but only with written authorization based on specific findings.
At your first appearance, the magistrate may issue an order for emergency protection under Article 17.292. The order is mandatory when the arrest involves serious bodily injury or the use or exhibition of a deadly weapon during an assault.
These orders can bar you from:
When its terms conflict with an existing order that gives you possession of or access to your child, the emergency order controls while it is in effect. Under Senate Bill 2196, most orders issued on or after September 1, 2025, last 61 to 91 days. An order based on a deadly weapon lasts 91 to 121 days.
Certain violations of an emergency order or a family violence bond condition, such as prohibited contact or going near a protected location, are a separate crime under Texas Penal Code § 25.07. It is generally a Class A misdemeanor. It becomes a third-degree felony when the violation involves an assault or stalking, or when the State proves two qualifying prior convictions.
Reconciliation does not change this. The statute says agreements between the people affected by an order do not affect its validity, and the order itself states that even the protected person cannot give permission to ignore it.
Many people assume the case ends if the person who called 911 asks to drop it. Under Article 32.02 of the Texas Code of Criminal Procedure, dismissal is a step the attorney representing the State takes with the court's permission. No case can be dismissed without the presiding judge's consent.
A written request from the complaining witness, often called an affidavit of non-prosecution, does not end the case on its own. It may still be relevant to how the State evaluates its evidence.
Do not contact the person to ask for help with the case. If an emergency order or bond condition is in place, that contact can create a new charge under Section 25.07.
Our defense starts with the evidence the State has not shown you yet. Early requests usually include:
Recordings capture what people said before anyone had time to shape an account.
Next, we test every element the State must prove: The act, the injury or threat, and the relationship it alleged. When the evidence shows you were protecting yourself, the family violence definition itself excludes defensive measures.
We also confront the emergency order directly. After notice and a hearing, the issuing court may modify the order if it finds the original terms unworkable. The change must neither increase the risk to the person who made the report nor endanger anyone else the order protects.
Kaufman County's trial courts include the 86th, 422nd, and 489th District Courts, along with County Court at Law and County Court at Law 2. Court offices are located at 1902 US Highway 175 in Kaufman.
Misdemeanor family violence cases are typically assigned to a county court at law, and felony allegations proceed in the district courts. We represent clients throughout Kaufman County and the other communities we serve across North Texas.
Not if an emergency order or bond condition bars you from the residence. Read every condition before going anywhere, and call us if the terms are unclear.
Only if no order or bond condition prohibits it. Reconciliation does not affect an order's validity, so contact can lead to a new charge even if you both want it.
Orders issued on or after September 1, 2025, generally last 61 to 91 days, or 91 to 121 days when a deadly weapon was used or exhibited during an assault.
It depends on the allegation. A first bodily injury accusation is generally a Class A misdemeanor, but an allegation of impeding breathing or circulation is a third-degree felony even without a prior conviction.
It can. When the emergency order conflicts with an existing order for possession of or access to your child, the emergency order controls while it remains in effect.
An emergency order can prohibit you from possessing a firearm, and it must suspend any license to carry a handgun you hold. A conviction can carry separate firearm consequences under state and federal law.
An emergency order, a bond condition, and an assault charge can all land at once, and each one carries its own risks. A Kaufman domestic violence lawyer can explain what each document requires, help you avoid conduct that could lead to a second charge, and start testing the State's evidence while it is still fresh.
Garcia, Garcia & Mullen Criminal Defense & Injury Lawyers defends people accused of family violence throughout Kaufman County. Call (214) 214-1000 or contact our Kaufman office to schedule a free case evaluation. Bring your bond paperwork and any order you were served, so we can review the terms with you.
Phone: (214) 214 1000
Phone: (214) 214 1000
