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Family Violence Defense Lawyer | San Antonio, Texas | Jones & De La Garza

Accused of Family Violence in San Antonio? Protect Your Rights Now.

If you’ve been charged with family violence in San Antonio or Bexar County, the consequences can be swift and life-altering. Texas law treats these cases with extreme seriousness—often involving protective orders, jail time, firearm restrictions, and long-term damage to your personal and professional reputation.

At Jones & De La Garza, we understand the complexity of family violence charges. Whether it’s a misdemeanor domestic assault or a felony with prior convictions or bodily injury allegations, our experienced criminal defense team offers strategic and compassionate representation.

What Is Family Violence in Texas?

Under the Texas Family Code §71.004, family violence is defined as:

  • An act by a member of a family or household against another that is intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the victim in fear of imminent harm.

This can include spouses, dating partners, roommates, parents, children, and even ex-partners.

Family violence criminal charges are typically prosecuted under:

  • Texas Penal Code §22.01 – Assault
  • Texas Penal Code §25.07 – Violation of Protective Order
  • Texas Code of Criminal Procedure Chapter 17.292 – Magistrate’s Emergency Protective Orders (EPOs)

Types of Family Violence Charges Found in the Texas Penal Code:

  • Class A Misdemeanor Assault (bodily injury to a family member)
  • Felony Assault – Family Violence Enhanced (due to prior convictions)
  • Aggravated Assault with a Deadly Weapon
  • Continuous Violence Against the Family (Texas Penal Code §25.11)
  • Interference with Emergency Call
  • Violation of Protective or Restraining Orders

Penalties for Family Violence in Texas

  • Class A Misdemeanor: Up to 1 year in county jail and a $4,000 fine
  • Third-Degree Felony (with prior convictions): 2–10 years in prison
  • Second-Degree Felony (aggravated assault): 2–20 years in prison

A conviction for family violence can also result in:

  • Permanent criminal record
  • Potential loss of gun ownership rights under state and federal law
  • Child custody and immigration consequences
  • Mandatory counseling or anger management
  • A permanent finding of family violence on your record
  • Enhanced charges in the future

Defending Family Violence Charges

At Jones & De La Garza, we take a proactive and client-centered approach to defending family violence charges. Our legal strategies may include:

  • Asserting self-defense or mutual combat
  • Challenging the credibility or motivation of the accuser
  • Investigating inconsistencies in the police report
  • Presenting evidence of lack of injury or intent
  • Negotiating for dismissal or reduction
  • Filing motions to remove Emergency Protective Orders
  • Amending pretrial bond conditions
  • Prompt investigation that includes securing an affidavit of non-prosecution

We understand the sensitive nature of these accusations and work to protect both your legal rights and personal reputation.

Why Hire Jones & De La Garza?

  • Decades of experience defending violent crime and domestic assault cases
  • Extensive trial and negotiation experience in San Antonio and Bexar County courts
  • Bilingual representation (Spanish/English)
  • Compassionate and non-judgmental client communication
  • Knowledge of protective order hearings and post-conviction relief if needed
  • Unapparelled trial advocacy and defense strategy

Frequently Asked Questions (FAQs)

Q: Can a family violence charge be dropped if the alleged victim doesn’t want to press charges?

A: Not necessarily. In Texas, the state—not the victim—decides whether to prosecute. Even if the alleged victim recants, prosecutors can still move forward based on other evidence.

Q: Will I lose my right to own a gun?

A: Yes. A conviction for family violence—whether misdemeanor or felony—can permanently bar you from owning or possessing firearms under federal law.

Q: Can I get a protective order lifted?

A: In some cases, yes. We can file a motion to modify or terminate a Magistrate’s Emergency Protective Order, depending on the facts of the case, the complaining witnesses position, and the judge’s discretion.

Q: Will this show up on my background check?

A: Yes. Family violence charges appear on criminal records and can affect job applications, housing, and licensing. In limited cases, non-disclosure or expungement may be possible.

Contact a San Antonio Family Violence Defense Lawyer Today

At Jones & De La Garza, we know how high the stakes are in family violence cases. Let us protect your rights and future with aggressive, strategic defense in San Antonio and Bexar County.

Call today or use our confidential contact form to schedule a case evaluation.

Client Reviews

Very qualified and competent!

Joseph Ecke

She did a wonderful job in my case and get it over turn

Justin Lopez

The best lawyer you could ever have I appreciate the professionalism and treating everyone with respect 🙂

Julie Alderete

Worked great with my mental health and fighting my cases

Aaron Torres

Hands down one of the nicest, most attentive people I’ve ever met thank you so much for helping me realize my issue !!!

Austin Spicuzza

Visit Us

Our office is located in the heart of downtown San Antonio at 401 S. Presa Street, San Antonio, Texas 78205, inside the historic Walter Tynan Building. This iconic location not only places us steps away from local and federal courthouses, but also reflects our deep roots in the San Antonio legal community. We are proud to serve clients from across Bexar County and beyond with unmatched dedication and accessibility.

San Antonio Office
401 S Presa St

San Antonio, TX 78205

Phone: 210-401-0000
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Free Consultation 210-401-0000