Everything You Need to Know About Domestic Violence (Assault–Family Violence) Cases in Harris County, Texas

Everything You Need to Know About Domestic Violence (Assault–Family Violence) Cases in Harris County, Texas

Quick Snapshot: In Texas, “domestic violence” charges are filed under Assault—Family Violence (often abbreviated AFV or AFM). A first offense is usually a Class A misdemeanor; but allegations like strangulation/impeding breath, a prior family violence finding, continuous violence, or deadly weapon use can enhance the case into a felony. Findings of family violence carry lifetime firearm bans, immigration risks, civil protective orders, and no sealing (nondisclosure) even after deferred adjudication. Harris County courts impose strict bond conditions and no-contact orders, and the DA frequently continues cases even when the complainant wants to “drop charges.”

Misdemeanor vs. Felony Domestic Violence in Texas

Class A Misdemeanor (Most First-Time AFV Cases)

• Charge: Assault—bodily injury against a family/household/dating partner.
• Range: Up to 1 year in county jail and/or up to $4,000 fine (Class A).
• Collateral effects: MOEP (emergency protective order), no-contact conditions, possible firearm restrictions under court orders, CPS fallout, employment/licensing issues.

How Cases Become Felonies

Strangulation / Impeding Breath or Circulation

Allegations of applying pressure to the throat/neck or blocking nose/mouth elevate the offense—often a third-degree felony (2–10 years TDCJ). Repeat strangulation with a prior qualifying conviction can be a second-degree felony.

Assault—FV With a Prior Family Violence Conviction

A new AFV after a prior FV conviction (or certain qualifying priors) can be charged as a third-degree felony.

Continuous Violence Against the Family (TPC §25.11)

Two or more AFV assaults within 12 months (even with different alleged victims within the household/dating/family class) creates a separate felony—Continuous Violence.

Aggravated Assault—Family Violence

Use/exhibition of a deadly weapon or serious bodily injury elevates to second-degree (2–20 years) or, in extreme instances, first-degree (5–99 years or life). (Aggravated assault is under §22.02; the FV relationship increases consequences.)

Note: In Harris County, domestic violence becomes a felony for strangulation/impeding breath, repeat AFV offenses, continuous violence, or aggravated assault with a weapon or serious bodily injury.

Enhancements That Change Everything

• Repeat Offender Enhancement: A prior FV conviction can turn a new case into a felony.
• Strangulation Enhancement: Allegations of impeding breath or circulation elevate punishment ranges.
• Deadly Weapon: Use or exhibition of a weapon increases the level and potential range dramatically.
• Continuous Family Violence: Two or more assaultive episodes in 12 months present a standalone felony course-of-conduct theory for prosecutors.
• Practice pointer (Harris County): The DA’s Family Violence Division tracks priors aggressively, and intake often screens for strangulation indicators (hands to neck, difficulty swallowing, petechiae, hoarseness), which can shift a case to felony court.

What Happens Right After an Arrest in Houston

1) Magistrate Appearance & MOEP

After arrest, defendants appear before a magistrate who may issue a Magistrate’s Order for Emergency Protection (MOEP)—frequently 31–61 days, or 61–91 days if a deadly weapon is alleged. The MOEP can be issued on the judge’s own motion or upon request of the victim, a peace officer, or the prosecutor. The OCA publishes standardized forms, and the victim does not need to be present.

2) Bond & Pretrial Conditions

Harris County judges commonly impose no-contact with the complainant, GPS or house-arrest monitoring in higher-risk cases, alcohol or SCRAM monitoring where alcohol is a factor, and firearm prohibitions while the MOEP or bond conditions are in place. Pretrial Services monitors compliance and reports violations.

Real-world caution: Local reporting has flagged bond-condition gaps (e.g., missed GPS enrollment) in high-profile domestic-violence cases, which can trigger later bond reviews or revocation hearings.

3) First Settings in County or District Court

• Misdemeanors go to Harris County Criminal Courts at Law.
• Felonies go to Harris County District Courts (Criminal). Expect discovery, protective-order status checks, and a fast no-contact compliance review early on.

Protective Orders—Criminal vs. Civil (and How Long They Last)

Criminal MOEP (17.292, CCP): Short-term, issued immediately after arrest, often without a hearing. Violating the order is a new criminal offense and can revoke bond.

Civil Protective Orders (Family Code Chs. 82–85):

• Temporary Ex Parte (quick, one-sided if “clear and present danger”): often up to 20 days and can be extended.
• Final Protective Order (after a hearing): may last up to two years or longer under certain findings; Harris County DA’s office assists applicants. Violations are criminal.

Firearms & Protective Orders: Texas Penal Code §46.04 and federal law restrict possession of firearms when a person is subject to a qualifying order; federal law also imposes a lifetime ban after a qualifying MCDV conviction.

Note: Houston victims can pursue both criminal MOEPs and multi-year civil protective orders. Violations bring new criminal charges; firearm bans apply during orders and, after certain convictions, for life.

Evidence the State Typically Uses in Harris County DV Prosecutions

1. 911 Audio: Often admitted under hearsay exceptions like excited utterance or present sense impression; juries hear raw emotion in real time.
2. Body-Worn Camera (BWC): HPD, HCSO, and local agencies capture scene walkthroughs, demeanor, injury photos, and spontaneous statements.
3. Photos/Medical Records: Redness, bruising, scratches; ER triage notes; SANE exams in sexual-assault-related cases.
4. Neighbor/Third-Party Witnesses: “I heard screaming,” “she knocked and asked to call 911.”
5. Defendant’s Statements: Even off-the-cuff admissions on BWC or in texts.
6. Prior Incidents: In continuous violence cases, the state aggregates multiple alleged episodes within 12 months.

Practice pointer: Harris County prosecutors will frequently proceed without complainant cooperation if they have independent corroboration (BWC, photos, medical). The relationship element is often proved through complainant statements on audio/video, social media, or prior police reports.

“Affidavits of Non-Prosecution” (ANPs): Helpful, But Not a Magic Wand

What is an ANP? A sworn statement by the complainant asking the State to dismiss or stating they don’t wish to prosecute. It can help put the State on notice of non-cooperation, or clarify facts that were misreported in the heat of the moment.

Harris County reality: ANPs arrive so frequently in AFV cases that prosecutors are often skeptical and assume potential pressure or reconciliation dynamics. Many offices, including Harris County’s, will consider ANPs but will not dismiss solely because of one—especially if 911/BWC/medical records exist.

Note: Affidavits of Non-Prosecution can help in Houston AFV cases, but the DA may continue prosecuting if independent evidence exists. Don’t assume “my partner wants to drop it” ends the case.

Defenses That Win Domestic Violence Cases

1) Self-Defense / Defense of Others

If you reasonably believed force was immediately necessary to protect yourself (or someone else), that’s a legal defense. Physical evidence can corroborate: defensive wounds, 911 timing, scene disarray, or complainant intoxication level.

2) Fabrication / Motive to Lie

Breakups, jealousies, custody fights, immigration leverage, or housing/benefit issues sometimes motivate false reports. Inconsistencies between 911, BWC, medical notes, and live testimony can expose unreliability.

3) Accident / Lack of Intent

Bodily injury requires at least reckless conduct; purely accidental contact (e.g., jostling during a mutual scramble for a phone) can undermine the State’s burden.

4) No “Bodily Injury” Proof

The State must prove bodily injury beyond a reasonable doubt for an (a)(1) charge. No photos, no medical, and an uncertain complainant can equal reasonable doubt—particularly if the only evidence is a single, impeached statement.

5) Constitutional Suppression

Unlawful entry, custodial interrogation without warnings, or coerced statements can lead to suppression of core evidence, sometimes forcing dismissals.

6) Evidentiary Gatekeeping

Hearsay objections, Rule 403 balancing against unfair prejudice, and confrontation challenges (especially when the complainant does not testify) can narrow what the jury hears.

Practice example: In a Harris County misdemeanor AFV, the only injuries were redness to both parties’ forearms, and the 911 audio captured cross-talk suggesting mutual pushing. After filing a self-defense notice, subpoenaing ER records, and highlighting mutual combat, the State dismissed for “insufficient evidence.”

Can I Get a Dismissal Even If I Might Be Guilty?

Surprisingly, yes—sometimes. Here’s how:

• Proof Problems: If key witnesses recant, fail to appear, or contradict BWC/medical records, jurors may doubt guilt beyond a reasonable doubt.
• Suppression: If the court suppresses a defendant’s statement or evidence from an unlawful entry, the State’s case may collapse.
• Pretrial Diversion (limited): In suitable misdemeanor cases with low risk and complainant safety measures in place, negotiated outcomes can lead to dismissal after completion—but availability varies, and any FV finding wrecks future firearm and sealing rights, so strategy matters.
• Justice Interests: Prosecutors may dismiss if the equities (e.g., mutual combat, no injury, counseling completed, strong employment/education ties) outweigh trial value.

Warning: Do not accept a plea that includes an “affirmative finding of family violence” lightly. That label triggers permanent collateral damage—including gun rights—in ways a layperson wouldn’t expect. ATF

Immigration Minefields for Non-Citizens

Domestic-violence convictions—and sometimes even deferred adjudication—can create removability under federal immigration law. INA §237(a)(2)(E) lists crimes of domestic violence, stalking, child abuse/neglect, and certain protective-order violations as deportable offenses. ICE detainers (holds) may attach to undocumented defendants, complicating release. 

Key point: Immigration consequences turn on federal definitions, not how Texas labels the offense. Even a “misdemeanor” AFV can be treated as a crime of domestic violence under federal law. Consult a qualified immigration attorney before any plea. 

Firearms, Gun Ownership, and Domestic Violence

Two overlapping regimes apply:

1. Federal (Lautenberg Amendment, 18 U.S.C. §922(g)(9)): A misdemeanor crime of domestic violence (MCDV) conviction leads to a lifetime firearm/ammunition ban. 
2. Texas (Penal Code §46.04): Firearm possession is restricted for felons and for those subject to certain protective orders; there are also restrictions following certain family-violence convictions and while an MOEP or civil order is in effect. Violations are separate crimes. 

Note: A single AFV conviction can cost you your gun rights for life under federal law. Texas law also criminalizes firearm possession while MOEPs or civil protective orders are active. 

Long-Term Record Consequences (Expunction vs. Nondisclosure)

Expunction (Erase) vs. Nondisclosure (Seal)

• Expunction: Completely removes public record but is available only in narrow outcomes (certain dismissals, acquittals, identity theft, etc.). 
• Nondisclosure: Seals from public view but leaves records visible to law enforcement and many licensing entities. 

The Harsh Rule for Family Violence

Texas Government Code §411.074 bars nondisclosure when the offense involved family violence—including many deferred adjudication outcomes. Translation: even if the case is dismissed after deferred, you often cannot seal it if there’s an FV finding. This is one of the few categories that sticks. 

TexasLawHelp’s public guidance echoes that family-violence cases are commonly ineligible for nondisclosure; private practice resources likewise warn that deferred adjudication for FV is not sealable. Always verify the precise statute path for your case. 

Note: In Texas, most family-violence cases are not eligible for nondisclosure—even after deferred adjudication. If you can’t seal it, the only clean outcomes are dismissal or acquittal. 

Bond Conditions in Houston DV Cases—Strict, Enforced, and Risky to Violate

Common Harris County bond terms include:

• No contact (direct or indirect) with the complainant, including social media.
• Exclusion zones (home/work/school), GPS or house arrest in higher-risk cases.
• No alcohol and testing or SCRAM.
• No firearms and surrender of any LTC while orders are active.
• Counseling/BATTERER intervention referrals in certain negotiated settings.

Pretrial Services monitors compliance; violations can trigger bond revocation, new charges (violation of protective order), or stricter conditions. 

Being Falsely Accused—Why It’s So Damaging (Even if You Win)

Background checks pull arrest entries even when cases are dismissed. An AFV arrest looks terrible to employers, landlords, licensing boards, and family courts. Without eligibility for nondisclosure, many people can’t “hide” the case later. That’s why early defense work focuses on dismissal or trial acquittal, not merely deferred outcomes. Findlaw

Note: False domestic violence accusations can derail careers and custody. Because most FV matters can’t be sealed, your best path is building a case for dismissal or not guilty.

Practical Defense Roadmap in Harris County

1. Early Evidence Preservation
   • Save texts, voicemails, and social media.
   • Pull 911 and BWC ASAP through discovery.
   • Obtain medical records for both parties; look for defensive wounds or inconsistent histories.
2. Protective Order Strategy
   • MOEP compliance is non-negotiable; violations kill credibility and add charges.
   • In civil PO court, contest overbroad restrictions; a final PO can complicate criminal defense. 
3. ANP Drafting & Delivery
   • If appropriate, an ANP should be truthful, voluntary, and detailed. It’s notice—not a guarantee. 
4. Litigation Tactics
   • File tailored motions to suppress and in limine; challenge hearsay and confrontation problems; attack the “bodily injury” element where photos/medical are thin.
5. Negotiation Windows
   • Target pretrial diversion where public-safety factors and facts support it; insist on no FV finding where possible; weigh immigration/federal firearms impacts of any plea.

Special Issues—Strangulation Allegations

Why prosecutors take it seriously: Medical literature ties strangulation to future lethality risk. DAs therefore upcharge these cases. Indicators prosecutors highlight: hoarseness, petechiae, loss of consciousness, or statements like “he choked me.”

Defense angles:

• Absence of petechiae or neck injuries doesn’t automatically exonerate, but can undercut certainty.
• Timing gaps between incident and exam; alcohol levels; mutual combat; alternative causes (allergies, prior injuries).
• Expert consultation to explain why objective findings (or lack thereof) matter.

Legal backdrop: Texas Penal Code recognizes impeding breath/circulation as an enhancement route; repeat patterns can raise it further. 

Continuous Family Violence—A Different Prosecution Theory

The State can prove two or more AFV bodily-injury incidents within 12 months—even without specifying exact dates in some pleadings—if the episodes fit the statutory window. Defense must scrutinize timelines, prior police calls, and relationship proof for each incident to defeat the pattern claim. 

How Protective Orders Tie Into Guns and New Charges

• During MOEP/PO: Possessing a firearm can be a new offense under Texas law. 
• After MCDV Conviction: Federal lifetime ban under 18 U.S.C. 922(g)(9). Even if Texas doesn’t bar you, the federal disability still applies. 

Practical tip: Judges routinely require defendants to surrender firearms while orders are active. Trying to buy one while federally prohibited creates a separate, serious problem. 

Family Court & CPS Overlap

Even a dismissed AFV case can surface in custody disputes. CPS referrals sometimes occur alongside criminal allegations. Defense counsel coordinates with family-law counsel to avoid inconsistent statements and to protect parenting time where safe and appropriate.

Frequently Asked Questions (Houston & Harris County Edition)

Why Choosing the Right Houston DV Attorney Matters

Domestic violence cases move fast in Harris County—and the consequences are permanent. You need a defense lawyer who knows local courts, DA practices, protective-order dynamics, and the immigration/firearms traps that derail good people.

Attorney Eric Benavides:

• Named a Super Lawyer in Texas.
• Has handled hundreds of domestic-violence cases successfully for clients in Houston and across Harris County.
• Exclusively a defense lawyer since 2008—never a prosecutor.
• Devoted his career to defending the accused and protecting the rights of people who are wrongfully charged.

What To Do Right Now If You Were Arrested for Assault–Family Violence in Harris County

1. Follow your MOEP and bond conditions exactly. Violations lead to new charges and make negotiations harder. 
2. Document everything (texts, DMs, missed calls, locations).
3. Do not contact the complainant if barred—even through friends or social media.
4. Meet with a defense lawyer immediately to plan discovery, ANP strategy (if appropriate), and protective-order defense.
5. Non-citizens: consult immigration counsel before any plea due to INA §237(a)(2)(E) risks. 

Key Texas Statutes & Harris County Resources (For Readers Who Want the Primary Sources)

• Assault §22.01, Penal Code (family-violence enhancements & impeding breath). Texas Statutes+1
• Continuous Violence Against the Family §25.11, Penal Code. Texas StatutesTexas.Public.Law
• MOEP – Code of Criminal Procedure art. 17.292 (issuance, duration, forms). Findlaw+1
• Protective Orders – Family Code chs. 82–85 (applications, temporary ex parte, final orders). Texas Statutes+2Texas Statutes+2
• Firearms – Penal Code §46.04 (possession restrictions under orders; felon in possession). Texas.Public.Law
• Federal Firearms Ban – 18 U.S.C. §922(g)(9). ATF
• Nondisclosure Ineligibility – Gov’t Code §411.074 (FV offenses generally not sealable). Findlaw

Final Word from Eric Benavides

Domestic violence cases are personal, emotional, and high-stakes. In Harris County, they also move quickly—often with strict bond conditions, immediate protective orders, and prosecutors who will press forward even without a cooperating complainant. The smartest move you can make is to involve an experienced Houston criminal defense attorney now.

Eric Benavides has been defending people just like you since 2008—always on the defense side—and has navigated hundreds of domestic-violence cases to dismissals, not-guilty verdicts, or outcomes that protect the client’s future. If you, a family member, or a loved one is facing Assault–Family Violence in Harris County, call Benavides Law Group to set up a confidential consultation today at 713-222-2828.