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Austin Domestic Violence Lawyer
At CMK Defense, PLLC, we approach domestic violence cases with strategy, compassion, and a clear focus on protecting your future. We take the time to understand what really happened and build a defense tailored to your circumstances, whether the allegations involve misunderstandings, false accusations, or situations that escalated unexpectedly. Call (512) 375-3303 or contact us online to speak with our team today and take the first step toward protecting your rights.
Facing domestic violence charges in Austin can feel overwhelming and isolating. One accusation can threaten your freedom, your family, your career, and your reputation—all before you have the chance to be heard. Fear, confusion, and uncertainty often set in quickly, especially when the consequences are serious and the situation is deeply personal. Being charged does not mean you are guilty. We believe every person deserves to be treated with dignity, listened to without judgment, and defended with care when everything is on the line.
Types of Domestic Violence Charges We Handle in Austin
We represent clients facing:
- Assault family member (Class A misdemeanor or felony)
- Aggravated domestic assault with serious bodily injury
- Strangulation or impeding breath (automatic felony)
- Continuous violence against the family
- Protective order violations
- Assault by threat or offensive contact
- Dating violence allegations
Whether this is your first charge or you’re facing enhanced penalties, we build defenses that challenge the state’s case.
How Texas Family Violence Law Works
What the State Must Prove in Texas Family Violence Cases
Texas charges assault under Penal Code §22.01, and the offense is classified as family violence when the alleged victim is a family or household member. The state must prove you acted intentionally, knowingly, or recklessly to cause bodily injury, threaten imminent harm, or make provocative contact. Intent matters; accidental contact and defensive reactions don’t meet the legal standard.
Relationships That Trigger Family Violence Charges
Under Texas Family Code §§71.0021 and 71.005, family violence includes:
- Spouses and former spouses
- Parents of the same child
- Blood relatives
- Current or former household members
- Dating partners
- Roommates or cohabitants
The law doesn’t require marriage or blood relation. If you’ve lived together or dated, you may face family violence charges rather than simple assault. This distinction matters because convictions may result inAn affirmative finding of family violence under Texas Code of Criminal Procedure Art. 42.013 generally cannot be sealed or expunged. permanent loss of gun rights and affirmative findings that follow you for life.
How Domestic Violence Charges Can Affect a Case Under Texas Law
Penalties for Domestic Violence in Texas
- Class A misdemeanor: Up to 1 year in jail and a $4,000 fine under §22.01
- Third-degree felony (prior conviction): 2 to 10 years in prison and a $10,000 fine under §22.01(b)(2)
- Strangulation: Always a felony under §22.01(b-1)
- Aggravated assault: 2 to 20 years (second-degree) or 5 to 99 years/life (first-degree) under §22.02
- Continuous violence: 2 to 10 years under Penal Code §25.11 for two or more assaults within 12 months
Long-Term Consequences of a Domestic Violence Conviction
An affirmative finding of family violence under Texas Code of Criminal Procedure Art. 42.013 cannot be sealed or expunged. Long-term consequences include:
- Loss of firearm rights under 18 U.S.C. §922(g)(9)
- Child custody disadvantages under Texas Family Code §153.004
- Employment and housing barriers
- Professional licensing restrictions
- Immigration consequences for non-citizens
These impacts often last far longer than any jail sentence.
Can the Alleged Victim Drop Charges?
Once a case is reported, prosecution decisions rest with the Travis County District Attorney’s Office, not the alleged victim. While an affidavit of non-prosecution can help, prosecutors often proceed anyway. Family violence cases are treated as crimes against the state.
This is where our experience matters. We present evidence and legal arguments that address the state’s concerns. We pursue dismissal whenever possible and fight in court when necessary.
Why Choose CMK Defense, PLLC
We’re not a volume practice. CMK Defense, PLLC was founded by trial lawyers who refuse to accept “that’s just the way it is.” Our small firm design means every case gets the time and attention it deserves.
With more than 30 years of combined experience in courtrooms across Texas, our attorneys bring deep knowledge and strategic thinking to every case. We use creativity, strategy, and compassion to give people second chances. Every case deserves fresh analysis and lawyers who care about your future.
How We Build Your Domestic Violence Defense
Our Austin domestic violence attorneys investigate thoroughly, challenging:
- False allegations from custody disputes or divorce proceedings
- Lack of evidence beyond one person’s word
- Self-defense situations where you protected yourself
- Accidental injuries mischaracterized as intentional harm
- Police violations of your constitutional rights
Every case starts with listening to your story and identifying prosecution weaknesses. We explore dismissals, charge reductions, or trial when necessary. Our firm doesn’t believe in “just plead it”; we fight for you.
Why Acting Quickly Matters
Evidence fades, and witnesses become harder to locate as time passes. Early intervention opens doors to pre-trial diversion programs, deferred adjudication under Texas Code of Criminal Procedure §42A.101, and strategic negotiations.
Some cases may qualify for batterer intervention programs in exchange for dismissal, but only with early action. The statute of limitations is three years for misdemeanor assault under Art. 12.02 and five years for felony assault under Art. 12.01.
The sooner we build your defense, the better your outcome. Immediate action preserves evidence and maximizes options for favorable resolutions.
Contact Our Austin Domestic Violence Attorneys
You don’t have to face this alone. Whether you’re dealing with false accusations or situations that escalated beyond your control, we’re here to help you move forward.
Call CMK Defense, PLLC at (512) 375-3303 or contact us online for a confidential consultation. Let us be the light that guides you out of this difficult situation. Your future is worth fighting for.
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