Family Violence Lawyer In Conroe, TX
A family violence arrest changes daily life before the case is even filed, because where a person sleeps, who they may call and whether they keep a firearm can be decided at the first hearing. This page explains how Texas defines family violence, the penalties, the defenses and what happens next in the county.
What Is Family Violence In Texas?
Family Code § 71.004 defines family violence as an act by a family or household member against another that is intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the person in fear of it. Dating violence is included. Most cases are filed as assault under Penal Code § 22.01.
Understanding Texas Law
How Does Texas Law Define Family Violence?
The conduct in a family violence case is the same conduct found in any assault or terroristic threat case. What changes the case is who the two people are to each other. Family Code § 71.004 covers an act by a member of a family or household against another member that is intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places that member in fear of it. Dating violence is covered too.
The relationships that count reach well beyond marriage:
- Family, § 71.003: relatives by blood or marriage, former spouses, and parents of the same child, whether or not they married
- Household, § 71.005: people living in the same dwelling, related or not, such as roommates
- Dating relationship, § 71.0021: a continuing relationship of a romantic or intimate nature
Much of the pressure comes before the case is filed.
After an arrest anywhere in Montgomery County, the person is booked into the Montgomery County Jail and brought before a magistrate. In a family case that first appearance decides two things: the bond and its conditions, and whether to issue an emergency protective order under Code of Criminal Procedure art. 17.292.
Either can require the accused to stay away from the complaining witness and from a shared home, and either can restrict firearms. Violating a protective order is a separate offense under Penal Code § 25.07, whatever happens with the assault.
Penalties And Consequences
What Are The Penalties For Family Violence In Texas?
A first bodily injury assault against a family or household member is a Class A misdemeanor, the same level as an assault on a stranger. The differences are the enhancements in § 22.01 and the findings that follow the judgment. These are statutory limits, not predictions.
The fine can reach $4,000.
The fine can reach $10,000.
Longer, 91 to 121 days, when a deadly weapon was involved.
- First offense, bodily injury
- Class A misdemeanor. Up to one year in county jail and a fine of up to $4,000.
- With a qualifying prior, § 22.01(b)(2)(A)
- Third degree felony when the accused has a prior family violence conviction under Chapter 19, Chapter 22 or certain other listed offenses. A deferred adjudication counts as a prior under § 22.01(f).
- Impeding breath or circulation, § 22.01(b)(2)(B)
- Third degree felony even on a first offense, when pressure on the throat or neck, or blocking the nose or mouth, impeded normal breathing or blood circulation.
- Both, § 22.01(b-1)
- Second degree felony. Two to twenty years.
- Continuous violence, § 25.11
- Third degree felony for two or more family violence assaults within twelve months.
- Emergency protective order
- Can issue at magistration under art. 17.292, and is required in some situations, such as serious bodily injury or a deadly weapon. It can bar contact, going near the protected person's home, school or workplace, and possessing a firearm.
- Firearms on conviction
- Federal prohibition under 18 U.S.C. § 922(g)(9). Texas adds a five year prohibition under Penal Code § 46.04(b) after a Class A family violence assault.
A civil protective order and, where children are involved, a family court case can run alongside the criminal case, each on its own schedule.
Real Questions
What Do People Ask About Family Violence In Texas?
Can I go back home after a family violence arrest?
Does the family violence finding stay on my record?
What if both people were hurt?
When does a relationship count as dating?
Can the charge be reduced to something else?
Possible Defenses
How Can Family Violence Be Defended?
Two people who know each other give most of the evidence in a family violence file, and physical proof may be thin. An attorney sorts what is backed up from what conflicts and asks what the state can truly establish. No result can be promised.
Self-defense and defense of another person under Chapter 9 apply in family cases as in any assault. Once the evidence raises them, the state must disprove them beyond a reasonable doubt.
Protective orders run on their own track.
The magistrate's emergency order is only the first. The complaining witness or the prosecutor can also apply for a protective order under the Family Code. That is a civil case with its own hearing, and what is said there can be used in the criminal case.
Violating either order is an offense under Penal Code § 25.07, and permission from the protected person does not excuse it. A qualifying protective order also carries a separate federal firearm prohibition while it is in effect.
The Relationship
Does the relationship actually fit the Family Code definition?
The Aggressor
Was one person defending themselves, and is there proof of who started it?
The Injury
Do photographs and any medical records match the account?
Neck Or Breathing Allegations
Is there physical or medical evidence of pressure on the neck, or only the allegation?
Calls And Messages
What do 911 audio, body camera and phone messages show?
Prior Cases
Does a prior really qualify to enhance the charge, including a deferred adjudication?
Local Process
What Happens After A Family Violence Arrest In Montgomery County?
Texas law governs the first appearance, the emergency order and discovery. The court, the prosecutor and the jail are particular to Montgomery County.
Booking And The Magistrate
The person is booked and brought before a magistrate, who sets bond and conditions. An emergency protective order can issue at this hearing.
Charging
A misdemeanor proceeds on a complaint and information. A felony goes to a grand jury for indictment.
Evidence And Court
The defense can request 911 audio, body camera footage and reports under article 39.14. The case is then set for hearings, negotiation or trial.
- Where it is filed
- A misdemeanor is filed in one of the Montgomery County Courts at Law and prosecuted by Montgomery County District Attorney's Office.
- If it is a felony
- Heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, a separate building from the misdemeanor courts. The Montgomery County District Attorney's Office prosecutes it.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After A Family Violence Charge?
These steps are general information, not advice for any one person.
Read Every Order
Know exactly what the protective order and bond bar, including contact, the home and firearms.
Do Not Contact The Other Person
Even a friendly text can violate an order, and a violation is a separate offense.
Ask Before Moving Firearms
An order can require surrender, so get advice before moving or selling any.
Keep Your Own Evidence
Save messages, call logs and photographs, and list any witnesses.
Plan Housing Safely
If you cannot go home, plan where to stay without involving the other person.
Avoid Social Media
Posts about the other person or the case can be used by the state.
Speak with a lawyer before you sign an affidavit, make a statement or accept any resolution, since the finding reaches firearms and record sealing. Mitchell Law Firm offers a confidential conversation about a family violence charge in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Family Code Chapter 71: Family violence, family, household and dating relationship
- Texas Penal Code Chapter 22: Assault and family violence enhancements
- Texas Penal Code Chapter 25: Protective order violations and continuous violence
- Texas Penal Code Chapter 46: State firearm prohibitions
- Texas Code of Criminal Procedure Chapter 17: Bail and emergency protective orders
- Texas Code of Criminal Procedure Chapter 42: Judgments, including the family violence finding
- Texas Government Code Chapter 411: Orders of nondisclosure
- Federal firearm prohibitions, 18 U.S.C. § 922
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Assault Charges
Other Assault Charges Handled In Conroe, TX
A family violence finding can attach to several of the offenses below, not only to assault. See the full Assault Crimes defense overview for Conroe.
Assault
One statute, three kinds of accusation, and a range that runs from a fine-only ticket to a felony.
Aggravated Assault
An assault plus serious bodily injury or a deadly weapon: a second degree felony, and first degree in situations the statute lists.
Vehicular Assault
Not an offense by that name in Texas. An injury crash is charged under one of four statutes, and the one chosen sets the range.
Deadly Conduct
Creating a risk of serious injury with no one needing to be hurt: a Class A misdemeanor, or a third degree felony when shots are fired.
Injury To A Child Or Elderly Person
A felony at every level, graded by the harm and the mental state, and chargeable for failing to act as well as for acting.
Kidnapping
Unlawful restraint, kidnapping and aggravated kidnapping: three levels of one idea, separated by intent, deadly force and purpose.
Terroristic Threats
A threat of violence made with a listed purpose: Class B at the base, and up to a third degree felony depending on the target and the intent.
Common Questions
Family Violence Questions People In Conroe Ask
How is a family violence assault charged in Conroe, TX?
Family violence is not a separate statute. The charge is filed as an offense such as assault under Penal Code § 22.01, and the family, household or dating relationship between the two people makes it a family violence case. A first bodily injury assault is a Class A misdemeanor filed in one of the Montgomery County Courts at Law, and a court that finds family violence enters that finding in the judgment.
Can a family violence case in Montgomery County continue if the alleged victim does not want it to?
The case belongs to the State of Texas, not to the person who made the report. The complaining witness can tell the prosecutor what they want and can sign an affidavit of non-prosecution, and the prosecutor decides what weight to give it. The state can subpoena the witness and can offer other evidence such as 911 audio and body camera footage, subject to the rules of evidence.
How long does an emergency protective order last in Conroe, TX?
Under Code of Criminal Procedure art. 17.292 as amended effective September 1, 2025, an order issued at magistration lasts at least 61 days and up to 91 days. An order tied to the use or exhibition of a deadly weapon lasts at least 91 days and up to 121 days. Violating the order is an offense under Penal Code § 25.07.
Will a family violence charge in Montgomery County affect my gun rights?
A conviction for a misdemeanor crime of domestic violence triggers the federal prohibition in 18 U.S.C. § 922(g)(9). Texas Penal Code § 46.04(b) separately bars possession for five years after a Class A family violence assault conviction. Bond conditions and protective orders can restrict firearms while the case is still pending.
When does family violence become a felony in Conroe, TX?
Under Penal Code § 22.01(b)(2), a family violence assault is a third degree felony when the accused has a qualifying prior family violence conviction, or when the assault impeded the other person's normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth. Under § 22.01(b-1), having both is a second degree felony.
Does deferred adjudication for family violence in Montgomery County count as a prior?
For enhancement, Penal Code § 22.01(f) treats a family violence assault that ended in deferred adjudication as a prior conviction. A later family violence assault can then be charged as a third degree felony, even if the earlier case was dismissed after the deferred adjudication period was completed.
Can a family violence case in Conroe, TX be sealed?
Government Code § 411.074 makes a person ineligible for an order of nondisclosure when the offense involved family violence, with a narrow exception for fine-only offenses. That applies even after deferred adjudication. A case dismissed without deferred adjudication, or ended by acquittal, is evaluated under the separate expunction statute.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
Protective orders and bond conditions take effect before the case is filed. Calling early leaves more of the options on the table.
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