Assault and violent charges
Dallas assault and family violence lawyer.
A family violence arrest usually starts with a 911 call and ends the same night with a bond, an emergency protective order and an order to stay away from your own home. The next few weeks matter: one text to the wrong person can mean a new charge, and the wrong plea can leave a family violence finding on your record for life. We get you out, explain every condition in plain words, and build the defense from the 911 audio, the body camera video and the whole story. Mr. Estrada has been licensed in Texas since 2003, works in English or Spanish, and we answer 24/7.
Right now
If you were just arrested or released.
- 01
Follow the protective order and bond conditions exactly
If the magistrate issued an emergency protective order or a no-contact condition, do not call, text, message or visit, even if the other person reaches out first. Contact through a friend or a relative counts too, and it can be a new criminal charge.
- 02
Do not ask anyone to drop the charges
Asking the complaining witness to change their story or skip court can be charged as tampering with a witness. If they want to be heard, there is a right way to do it, and we handle it.
- 03
Get your things with a police escort
If you were ordered out of the home, do not go back on your own for clothes, medicine or tools. Ask the police for a civil standby, or let us arrange it.
- 04
Ask us before you touch a firearm
Protective orders often bar you from having guns. Do not move, sell or hand off a firearm on your own. We tell you how to store or surrender it the legal way.
- 05
Save your evidence and stay off social media
Keep texts, call logs, photos of any injuries you had and doorbell or phone video. Write down who was there. Do not post about the case or the other person.
Key deadlines and numbers
- Assault causing bodily injury
- Class A: up to 1 year in jail and $4,000Source: Tex. Penal Code 22.01
- Choking or blocking breath, even a first offense
- Third degree felony: 2 to 10 yearsSource: Tex. Penal Code 22.01(b)(2)(B)
- Emergency protective order at the jail
- 31 to 61 days, or 61 to 91 days with a weapon or serious injurySource: Tex. Code Crim. Proc. 17.292
- Family violence finding
- Stays on the judgment and blocks sealing the recordSource: Tex. Code Crim. Proc. 42.013
- Guns after a family violence conviction
- Lifetime ban under federal lawSource: 18 U.S.C. 922(g)(9)
Texas law
How Texas law treats assault and family violence.
Assault in Texas ranges from a ticket-level offense to a first degree felony. What moves it up is the injury, a weapon, a prior family violence case and, since 2009, whether the accusation involves blocking someone's breathing.
| Accusation | Offense level | Range of punishment |
|---|---|---|
| Threat or offensive contact, no injury | Class C misdemeanor | Fine up to $500, no jail |
| Bodily injury to a family member, household member or dating partner | Class A misdemeanor | Up to 1 year in county jail, fine up to $4,000 |
| Bodily injury with a prior family violence conviction | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| Impeding breath or circulation (choking), first time | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| Choking with a prior family violence conviction | Second degree felony | 2 to 20 years in prison, fine up to $10,000 |
| Continuous violence against the family (two or more assaults in 12 months) | Third degree felony | 2 to 10 years in prison, fine up to $10,000 |
| Aggravated assault (serious injury or a deadly weapon) | Second degree felony | 2 to 20 years in prison; first degree (5 to 99 or life) if a weapon causes serious injury to a family member |
| Violating a protective order or family violence bond condition | Class A misdemeanor | Up to 1 year; third degree felony with two prior violations or if the violation is an assault |
Family is defined broadly
Family violence covers relatives by blood or marriage, former spouses, parents of the same child, people who live or lived together and current or past dating partners. A roommate or an ex can be enough.
Source: Tex. Family Code 71.0021 to 71.005The State decides, not the complaining witness
Once police file the case, it belongs to the prosecutor. An affidavit of non-prosecution from the complaining witness can matter, but it does not end the case by itself, and prosecutors can go forward with the 911 call, photos and the officers' testimony.
Source: Tex. Penal Code 36.05 (witness tampering)The finding follows you
When the court finds the offense involved family violence, that finding goes in the judgment. Even a deferred adjudication can count as a prior that turns the next accusation into a felony. That is why the wording of any plea matters as much as the punishment.
Source: Tex. Penal Code 22.01(f)Bond comes with conditions
In family violence cases, magistrates routinely add no-contact and stay-away conditions, can order GPS monitoring, and often issue an emergency protective order at the same hearing. Breaking any of them can put you back in jail.
Source: Tex. Code Crim. Proc. 17.49How we work
How we defend a family violence case.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Get the whole record of that night
The 911 audio, dispatch notes, body camera video, photos, medical records and statements. Body camera video often shows a calmer, more mixed scene than the written report.
02
Fix the bond conditions
When the family wants you home or you need to see your children, we ask the judge to change the no-contact or stay-away conditions instead of leaving you to break them.
03
Look at self-defense and the full story
Who called first, your own injuries, prior threats, witnesses and messages before and after. Texas law allows force you reasonably believe is needed to protect yourself, and the State must disprove it once it is raised.
04
Let the complaining witness be heard the right way
If the complaining witness wants to talk to the prosecutor or sign an affidavit, we make sure it happens through proper channels and, when needed, with that person's own lawyer. Never through you.
05
Keep the family violence finding off your record
We push for a dismissal first. When a plea makes sense for you, we work for a resolution without a family violence finding, because that finding is what follows you into guns, custody and immigration. When the State's case is weak, we prepare for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”What a family violence case can touch.
- Can I be deported?
- A conviction for a crime of domestic violence can make a non-citizen deportable, and a violation of a protective order is a separate ground on its own. Talk to us before any plea, and we will coordinate with your immigration attorney.
- What happens to my guns?
- A family violence conviction means a lifetime federal ban on firearms, and Texas adds its own ban for five years after the sentence ends. While a qualifying protective order is in place, having a gun is a crime too. For peace officers, security guards and military members, this can end a career.
- Will this affect custody of my kids?
- Family courts must consider a history of family violence when deciding custody and visits, and it can block joint custody. A protective order can also set temporary rules for the children. Tell us if a divorce or custody case is open or coming.
- Can I clear my record?
- A dismissed case can usually be expunged. A case that ends with a family violence finding cannot be sealed with an order of nondisclosure. That difference is worth planning for from day one.
Dallas and Odessa
Family violence cases in Dallas County and Ector County.
In Dallas County, people arrested for family violence are taken to Lew Sterrett jail, where a magistrate sets bond and often issues the emergency protective order before release. Misdemeanor and felony cases are then heard at the Frank Crowley Courts Building on Riverfront Boulevard. In Odessa, arrests go to the Ector County jail and the cases to the Ector County courthouse. We have dealt with all the local jails, and we tell you the release options and the conditions before you sign anything.
FAQ
Questions people ask.
Can the victim drop the charges in Texas?
No. Only the prosecutor can dismiss the case. What the complaining witness wants still matters, and an affidavit of non-prosecution can help, but the decision is the State's.
Will I go to jail for a first family violence assault?
A first bodily injury case is a Class A misdemeanor, and many first cases end without jail time. The bigger risk is often the family violence finding and what it does to your guns, record and immigration status. We plan around both.
Is choking really a felony on a first offense?
Yes. An accusation of impeding breath or circulation against a family member, household member or dating partner is a third degree felony even with no prior record. These cases often depend on photos, medical records and what was said on the 911 call, which we examine closely.
Can I go home after I bond out?
Not if the emergency protective order or a bond condition says to stay away, even if it is your name on the lease. We can ask the judge to change the conditions. Until then, follow them.
What if we both hit each other?
Then self-defense and who started it are real questions, and sometimes both people are arrested. Do not explain it to the police or the other person. Bring us your photos, messages and witnesses.
How much does it cost to hire you?
The first consultation is free. We discuss the fee and payment options up front.
Related situations
- Protective orders
- Jail release, bond and warrants
- Immigration consequences of a charge
- Violent crimes
- Probation violations
- Clear your record
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.