Assault family member cases move fast and carry consequences that reach far beyond the courtroom — your home, your children, your job, and your right to own a firearm. Brian Foley served in the Harris County District Attorney's Domestic Violence Unit before becoming a defense lawyer. In this video he answers the questions clients ask in the first 24 hours after an arrest.
"The police said they had to arrest someone."
Texas officers responding to a family-violence call are trained to identify a "primary aggressor" and make an arrest whenever there is probable cause of bodily injury — and bodily injury means any physical pain. A red mark, a scratch, or a statement that "it hurt" is enough. The decision to arrest is made in minutes; the decision to prosecute is made later by the DA's office.
"Can my wife or husband drop the charges?"
This is the single most common question, and the answer surprises people: no. The State of Texas is the party bringing the case. When a complaining witness signs an affidavit of non-prosecution, the case is typically routed to specialized prosecutors who look at whether they can prove it without the witness — through 911 audio, body-camera footage, photographs, and excited statements made at the scene. Many cases go forward anyway.
"Can I go home? Can I see my kids?"
Expect an emergency protective order and bond conditions that keep you away from the residence and bar all contact with the complainant. These orders are imposed automatically; they are not a finding that you did anything. An attorney can file a motion to modify them, and courts regularly allow modifications — especially where the complainant supports it and children are involved. Do not contact the protected person yourself; a single text can become a new charge and a revoked bond. See our protective order page.
"Will I lose my guns?"
A conviction for assault family member is a misdemeanor crime of domestic violence under federal law, which means a lifetime firearms prohibition, plus a five-year state ban. A family-violence finding attached to a deferred adjudication also creates problems. Avoiding the finding — not just avoiding jail — is often the real goal.
"Can this be taken off my record?"
A dismissal or acquittal can be expunged. A conviction with a family-violence finding cannot be sealed. That is why the case has to be defended from the beginning, not pleaded out for time served.
Our assault family member attorneys — former prosecutors who know exactly how the Domestic Violence Unit builds these cases — offer free, confidential consultations. Call or text (713) 703-1718.