Family Violence Lawyer In Orange, TX
A family violence case is an assault case with a second set of consequences stacked on top, and some of them start at the first appearance before a magistrate. This page explains how Texas defines family violence, the penalties, how these cases are defended and what happens in the county.
What Is Family Violence In Texas?
Family violence in Texas is defined by Family Code § 71.004 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 places the person in fear of imminent harm. It also includes dating violence. Most cases are filed as assault under Penal Code § 22.01.
Understanding Texas Law
How Does Texas Law Define Family Violence?
Most family violence cases are filed as assault under Penal Code § 22.01. What makes them different is the relationship between the two people. When that relationship fits the Family Code, the case carries a label that follows the record.
Texas Family Code § 71.004 defines family violence as an act by a family or household member against another member intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of imminent harm. It also includes dating violence. The relationships covered are:
- Family, under § 71.003: relatives by blood or marriage, former spouses, and parents of the same child
- Household, under § 71.005: people living together in the same dwelling, whether or not related
- Dating relationship, under § 71.0021: a continuing relationship of a romantic or intimate nature
The state, not the complaining witness, decides whether the case goes forward.
The case is brought in the name of the State of Texas and prosecuted by the Orange County District and County Attorney's Office. A complaining witness who wants the case dropped can say so, and can sign an affidavit of non-prosecution. That is information the prosecutor considers. It is not a dismissal.
The state can subpoena the complaining witness to testify, and can offer other evidence such as 911 audio, body camera footage, photographs and statements made at the scene, subject to the rules of evidence and the Confrontation Clause.
Penalties And Consequences
What Are The Penalties For Family Violence In Texas?
A first family violence assault causing bodily injury is a Class A misdemeanor, the same level as any other bodily injury assault. Section 22.01 raises the level when specific facts are present. These are statutory limits, not predictions.
Up to a $4,000 fine.
Fine of up to $10,000.
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.
- Prior family violence, § 22.01(b)(2)(A)
- Third degree felony when the defendant has a prior family violence conviction under Chapter 19, Chapter 22, or certain other listed offenses. 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 the assault impeded normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth.
- Prior plus impeding, § 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
- A magistrate can issue one at the first appearance under art. 17.292, and must when the arrest involves serious bodily injury or a deadly weapon. It can bar contact, going near the home, school or workplace, and possessing a firearm.
- Firearms
- A conviction triggers the federal prohibition in 18 U.S.C. § 922(g)(9). Texas adds a five year prohibition under Penal Code § 46.04(b).
A family violence case can also bring a separate civil protective order and, if children are involved, a parallel family court matter. Each runs on its own schedule.
Real Questions
What Do People Ask About Family Violence In Texas?
Can I go home after a family violence arrest?
Does a family violence finding go on my record permanently?
What if both people were hurt?
How does a dating relationship count?
Can a case be reduced to a lesser charge?
Possible Defenses
How Can Family Violence Be Defended?
A family violence case is built from the statements of two people who know each other, plus whatever physical evidence exists. An attorney looks for what is corroborated, what conflicts and what the state can actually prove. No result can be promised.
Self-defense and defense of others under Chapter 9 apply in family cases as they do in any assault. When the evidence raises them, the state has to disprove them beyond a reasonable doubt.
Protective orders run on their own track.
The emergency order from the magistrate is only the first. The complaining witness or the prosecutor can also apply for a protective order under the Family Code, which is a civil case with its own hearing, and which can last up to two years or longer in some circumstances.
Violating either order is an offense under Penal Code § 25.07, and consent from the protected person is not a defense. A protective order that meets federal criteria also triggers a separate federal firearm prohibition while it is in effect.
The Relationship
Does the relationship actually meet the Family Code definition?
Who Was The Aggressor
Was one person defending themselves, and is there proof of who started it?
The Injury
Do the photographs and any medical records match the account?
Impeding Breath Or Circulation
Is there physical or medical evidence of pressure on the neck, or only the allegation?
The Recordings
What do 911 audio, body camera and phone messages show?
Prior Cases
Does a prior actually qualify to enhance the charge, including a deferred adjudication?
Local Process
What Happens After A Family Violence Arrest In Orange County?
The first appearance, the protective order and discovery follow Texas law. Where the case is filed and who prosecutes it are specific to Orange 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 the state's evidence, including 911 audio and body camera footage, 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 Orange County Courts at Law. A felony is heard in one of the county's three district courts: 128th District Court, 163rd District Court, and 260th District Court.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- 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 The Protective Order
Know exactly what it bars, 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 About Your Firearms
An order can require them to be surrendered, so get advice before moving or selling them.
Keep Your Own Evidence
Save messages, call logs and photographs, and list any witnesses.
Arrange Housing Safely
If you cannot go home, plan where to stay without contacting the other person.
Avoid Social Media
Posts about the other person or the case can be used by the state.
Talk to a lawyer before signing an affidavit, giving a statement or accepting any resolution, because the family violence finding affects firearms and record sealing. Mitchell Law Firm offers a confidential conversation about a family violence charge in Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Family Code Chapter 71: Definitions of 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 Orange 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 Orange, TX
Family violence is a finding that can attach to several of the offenses below, not a single charge of its own. See the full Assault Crimes defense overview for Orange.
Assault
Three different offenses share one statute, from a fine-only Class C to a felony when the facts or the person involved change.
Aggravated Assault
A second degree felony built on serious bodily injury or a deadly weapon, and a first degree felony in a short list of situations.
Vehicular Assault
Not a Texas statute by that name. A crash that hurts someone is charged under one of four other laws, and which one decides the range.
Deadly Conduct
Reckless conduct that puts someone in danger is a Class A misdemeanor. Firing toward people, a home or a car is a third degree felony.
Injury To A Child Or Elderly Person
A felony at every level, graded by the injury and the mental state, and chargeable for a failure to act as well as for an act.
Kidnapping
Restraint, kidnapping and aggravated kidnapping are three steps on one ladder, and the step depends on intent and on what was done.
Terroristic Threats
A threat charge whose level depends on who was threatened and what the threat was meant to cause, from Class B to third degree felony.
Common Questions
Family Violence Questions People In Orange Ask
Can the victim drop family violence charges in Orange, TX?
A family violence case is prosecuted by the State of Texas, not by the person who made the report. The complaining witness can tell the prosecutor they do not want the case to go forward, and can sign an affidavit saying so, but the decision to proceed, reduce or dismiss belongs to the prosecutor's office. The state can also rely on other evidence, such as 911 recordings and officer observations, subject to the rules of evidence.
How long does an emergency protective order last in Orange County?
Under Code of Criminal Procedure art. 17.292 as amended effective September 1, 2025, a magistrate's order for emergency protection lasts at least 61 days and up to 91 days. When the arrest involved the use or exhibition of a deadly weapon, it 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 Orange, TX affect my gun rights?
A conviction for a misdemeanor crime of domestic violence triggers the federal firearm prohibition in 18 U.S.C. § 922(g)(9). Texas Penal Code § 46.04(b) separately makes it an offense to possess a firearm for five years after release from confinement or community supervision on a Class A family violence assault conviction. Protective orders carry their own firearm restrictions.
Can a family violence case in Orange County be sealed with a nondisclosure?
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 ineligibility applies even when the case ended in deferred adjudication. A case that is dismissed without deferred adjudication or ends in acquittal is analyzed under the separate expunction statute.
What is family violence under Texas law in Orange, TX?
Texas Family Code § 71.004 defines family violence as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of those things. The definition also covers abuse of a child in the family and dating violence. Defensive measures to protect oneself are excluded.
Does deferred adjudication for family violence count as a conviction in Orange County?
For enhancement purposes, Texas 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 successful completion of deferred adjudication.
Mitchell Law Firm, PLLC
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