top of page

Assault Family Member

Do you need the help of domestic violence lawyers in Conroe, Houston or the Woodlands, Texas?  Assault Family Member charges in Montgomery and Harris County can be life changing events.  Hiring an assault lawyer in Conroe and Houston may be the only thing you have complete control of during the entire process.​

Here are some common questions people have about Domestic Violence or Assault Family Violence charges in Houston, Conroe, and all over the State of Texas. 

What is an Assault Family Member Charge?  

Typically an assault family member charge is filed by a district attorney after there has been 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.  

Here is what a prosecutor has to prove in an Assault Family Member case:

  • The identity of the accused citizen​

  • intentionally, knowingly, or recklessly

  • caused bodily injury

  • to the alleged complainant

  • the complainant was a member of the accused citizen's

    • family​

    • household

    • or the complainant and accused citizen were in a dating relationship

  • in the county in which the criminal charge is filed

  • on or about a certain date

Can a protective order kick me out of my own 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 which instructs an accused citizen to refrain from certain activities and to stay away from certain people or locations.  A MOEP or Magistrate's order of Emergency Protection sometimes called and EPO or Emergency Protective Order is a type of protective order that is signed by a magistrate judge during your initial appearance before being released from jail.  A MOEP or EPO lasts between 60 - and 90 days and can authorize further criminal charges against you.  

Here are some things a judge can instruct you in a MOEP or EPO.

  • Do not go to your own home.

  • Do not drink alcohol.

  • Do not possess firearms.

  • Do not talk with your children.

  • Do not go to your children's school.

  • Do not go to your wife or girlfriend's work.

  • Do not call or text message anyone in your significant other's family. 

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 or EPO.  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 thing 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 Attorney's 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 cases 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.  ​

Going to court by yourself and telling a prosecutor that the victim has dropped the charges is not going to get your case dismissed.  In fact it could lead the prosecutor to investigate your case more carefully and increase the likelihood of a bad outcome.  

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  maximum of 10 years in prison and a $10,000 fine. 

A finding of domestic or family violence can cause catastrophic results for your career and family and ruin your life.  Don't face these kind of charges alone.  Hire a criminal defense attorney in Montgomery or Harris County today





bottom of page