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Assault Family Member

Are you facing charges of Assault Family Member in Houston or Harris County, Texas and need the help of a domestic violence lawyer in Houston or Harris County, Texas?


Such charges can be life-altering events, and hiring an assault lawyer may be the only thing you have complete control over during the entire process.

What is an Assault Family Member Charge?

Typically, an assault family member charge is filed by a district attorney after an arrest for domestic violence. In Texas, the Penal code lists Assault Family Member charges under the same Assault Statute that covers assaults between strangers. To prove an Assault Family Member case, a prosecutor must demonstrate that the accused citizen intentionally, knowingly, or recklessly caused bodily injury to a family member, a member of the household, or someone in a dating relationship with the accused citizen in the county where the criminal charge is filed.

Can a Protective Order Evict Me From My Home?

A judge can sign an order that kicks you out of your own home. You need to find a lawyer to help you take back your life and object to the imposition of a protective order on your rights. A protective order is a court order signed by a judge that instructs an accused citizen to refrain from certain activities and to stay away from certain people or locations. A Magistrate's order of Emergency Protection (MOEP) is a type of protective order that is signed by a magistrate judge during your initial appearance before being released from jail. It lasts between 60 and 90 days and can authorize further criminal charges against you. These same conditions could be applied to you for greater than 60-90 days through bond conditions or no contact orders. An attorney can help you fight these conditions and have a trial judge remove the requirements while you fight your case.

How Do You Fight Assault Family Member Charges?

The first step to taking back your life after an assault family charge has been alleged is getting back the right to live in your own home by challenging a protective order. Trial judges have the authority to overrule or change aspects of a MOEP. Presenting evidence to the trial judge about the value that your client contributes to their family and the community can help reduce your bond, remove bond conditions, and get your case back on the right track.

The next part of fighting an Assault Charge is demanding the evidence from the District Attorney's office and examining things like the following:

  • Is the 911 call reliable or credible?

  • Are there witnesses to help prove your innocence?

  • Do photos or injuries show that Self Defense was justified?

  • Was this a mistake or misunderstanding?

  • Is there a motive for a complainant to lie based on immigration or other issues?


Can I Be Prosecuted If the Victim Drops the Charges?

Yes. District Attorneys in Texas have the ability to prosecute citizens even when their accuser has dropped charges. Charges can be dropped by filing a legal document called an affidavit of non-prosecution, but there is no requirement that the District Attorney listen to what the victim has to say. Technically, the case is between the State of Texas and the person accused of a crime. Prosecutors are hesitant to dismiss cases, especially family violence cases when there is an affidavit of non-prosecution, and may claim that the affidavit was signed under coercive conditions.

What Is the Punishment for an Domestic Assault or Assault Family Member Case in Texas?

A first offense Assault Family Member case in Texas is a Class A Misdemeanor and is punishable by a maximum of 365 days in jail and a $4,000 fine. A second offense for Assault Family Member could lead to a felony of the third degree with a punishment range of 2-10 years in prison and up to a $10,000 fine. 

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