Domestic Assault and Family Violence Offenses in Fort Bend County

Arrested for Domestic Assault in Fort Bend County? Here’s What You Need to Know

In Fort Bend County, law enforcement and prosecutors take family violence allegations extremely seriously. A single argument, push, or verbal threat — even without injury — can result in a domestic assault arrest, protective orders, and life-altering legal consequences.

If you’ve been accused or charged with Domestic Assault or Family Violence, this post will walk you through the types of charges you could face, what penalties apply, how the local court process works, and why you need a skilled attorney near you to protect your rights.

1. What Is Domestic Assault Under Texas Law?

Under Texas Penal Code § 22.01, domestic assault occurs when someone:

• Intentionally, knowingly, or recklessly causes bodily injury, or
• Threatens another with imminent bodily injury, or
• Engages in offensive contact, and the alleged victim is a family member, household member, or romantic partner (as defined in Texas Family Code § 71.004).

In Fort Bend County, this is most often charged as Assault – Family Violence (AFV).

Covered Relationships Include:

• Spouses or former spouses
• Dating or romantic partners
• Family members by blood or marriage
• Roommates or cohabitants
• Parents of the same child

These charges are prosecuted aggressively — even if the alleged victim does not want to press charges. Once a police report is filed, it’s the State of Texas vs. You, not just a private complaint.

2. Class A Misdemeanor Domestic Assault

Legal Definition:

• Bodily injury (even minor) to a family member or dating partner
• No weapon or serious bodily harm involved

Penalties:

• Up to 1 year in jail
• Up to $4,000 fine
• Community supervision (probation) possible
• Permanent “family violence finding” on your record

Collateral Consequences:

• Lifetime firearm ban under federal law (18 U.S.C. § 922(g)(9))
• Protective orders restricting contact and access to your home or children
• Custody issues in family court
• Employment and licensing restrictions

See Understanding Class A Assault and Family Violence Charges for more detail on these penalties.

3. Class C Misdemeanor Domestic Assault (Threats or Offensive Contact)

Even non-injury confrontations can result in Class C Assault – Family Violence charges if one party alleges:

• A threat of harm
• Unwanted touching during a dispute

Penalty:

• Fine up to $500
• Permanent family violence record

Handled in Municipal or JP Courts in Fort Bend County, these charges often seem “minor” — but the family violence label never goes away, and future offenses will be enhanced.

That’s why you should never plead guilty without speaking to an experienced lawyer near you.

4. Third-Degree Felony: Domestic Assault with Prior Conviction

If you’ve ever been convicted of any family violence offense, a new charge — even a Class A — becomes a third-degree felony under Tex. Penal Code § 22.01(b)(2).

Penalties:

• 2 to 10 years in prison
• Up to $10,000 fine
• Probation only in limited cases

Fort Bend prosecutors often seek felony enhancements, even for relatively minor new incidents. Your attorney near you must act quickly to challenge the enhancement.

5. Third or Second-Degree Felony: Assault by Strangulation or Impeding Breath

Under Tex. Penal Code § 22.01(b)(2)(B), any assault that involves choking, grabbing the throat, or restricting airflow or blood circulation is automatically a third-degree felony, even without visible injury.

If you have a prior AFV conviction, it becomes a second-degree felony.

Penalties:

• 2–20 years in prison
• Up to $10,000 fine

These cases often rely on ambiguous medical reports and 911 call recordings, which your criminal defense attorney near you must thoroughly examine.

6. Emergency Protective Orders (EPOs) in Fort Bend County

After a domestic assault arrest, the magistrate may issue an Emergency Protective Order (EPO), which can:

• Prohibit you from returning home
• Bar you from seeing your children
• Restrict firearm possession
• Affect employment (especially in law enforcement, military, or healthcare)

Even if the alleged victim does not request one, the State may impose it unilaterally. Your lawyer near youcan request a modification or early termination.

7. Domestic Assault Court Process in Fort Bend County

Where Cases Are Heard:

• Class C cases: JP Courts or Municipal Court (Sugar Land, Missouri City, Rosenberg, etc.)
• Class A & Felonies: County Criminal Courts or District Courts, such as:
  • Fort Bend County Court at Law #1, #2, #3, #4
  • 240th, 268th, 400th, and 434th District Courts

What to Expect:

1. Arrest and bond setting
2. Initial appearance and arraignment
3. Pretrial hearings and discovery
4. Negotiation (dismissal, plea, deferred adjudication)
5. Trial (bench or jury)

The earlier you retain an experienced attorney near you, the more options you’ll have for dismissal, charge reduction, or sealing your record later.

8. Common Defenses to Domestic Assault Charges

• Self-defense or mutual combat
• False or exaggerated allegations
• Lack of intent or accidental contact
• Recanting witness (although prosecution may continue anyway)
• No visible injuries or corroborating evidence

Your lawyer near you may also raise constitutional issues involving:

• Illegally obtained statements (Miranda violations)
• Hearsay exceptions under Tex. R. Evid. 803(2)
• Crawford v. Washington confrontation clause violations

9. Can Domestic Assault Charges Be Dismissed or Expunged?

Yes — with the right legal strategy, your attorney near you may negotiate:

• Case dismissal
• Pretrial diversion
• Reduction to non-family violence charge
• Deferred adjudication (nondisclosure eligible in some cases)

However, if family violence is found, the charge cannot be sealed or expunged — even with deferred adjudication.

10. Why You Need an Experienced Fort Bend County Attorney Near You

Domestic assault cases are among the most emotionally charged, fact-dependent, and harshly prosecuted in Texas. The impact on your freedom, family, career, and firearm rights is permanent — even without jail time.

At Walker Law Office, we defend clients in Richmond, Sugar Land, Katy, Missouri City, and across Fort Bend County. We understand how local prosecutors operate, how judges rule, and how to protect your record and your future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a skilled criminal defense attorney near you.

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