Domestic Assault Lawyer in Spring

Domestic Violence Defense Attorney in Spring, TX

An arrest for assault against a family or household member can have significant and long-term consequences. A Spring domestic violence defense lawyer is important if allegations lead to criminal charges, protective orders, and other court-issued orders restricting contact or firearm possession. Such cases are often prioritized in Harris County courts and are frequently considered high-conflict matters.

When you need to hire a Spring criminal defense lawyer from The Law Offices of Tad Nelson & Associates, we are ready to represent those accused of domestic violence with a thorough investigation and trial-ready representation from day one.

Hire a Domestic Violence Defense Lawyer

Accusations of domestic violence require an experienced criminal defense team. At The Law Offices of Tad Nelson & Associates, assault and family violence matters in Harris County are personally handled by an attorney committed to aggressive, trial-focused representation. 

Tad A. Nelson is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has spent decades defending clients against serious assault charges.

Amber Spurlock’s prior experience as a prosecutor gives her a unique perspective on the investigative and prosecutorial processes behind these types of cases. Our domestic violence defense approach involves meticulous review of evidence, meaningful practice, and trial-ready preparation.

How Texas Defines Assault Family Violence

In Texas, assault against a family or household member triggers different legal results than just an assault.Texas Penal Code § 22.01 defines assault. Under Texas law, an assault may involve a finding of family violence if the alleged victim is a spouse, dating partner, former partner, or household member.  A finding of family violence can result in long-term legal consequences even if the offense is still a misdemeanor.

Courts in Harris County consider not just the alleged conduct, but also the relationship between the two parties when making their determinations. The way the parties’ relationship is categorized can have legal consequences for bond, firearms, and future enhancements.

Protective Orders and Emergency Protective Orders

After a domestic violence arrest in Spring, the magistrate can issue an emergency protective order prohibiting contact between the accused and the alleged victim. Protective orders can require an immediate move out of a shared residence, block all forms of communication, and prevent firearm possession. Orders can remain in place for weeks or months, at the court’s discretion.

Violations of a protective order can lead to a separate criminal charge even if the underlying assault case is ongoing. Since they directly impact housing, parenting time, and day-to-day activities, it is vital to get a lawyer involved early to review if any limitations are overbroad or unsupported by law.

Bond Conditions in Domestic Violence Cases

Conditions of bond in Harris County domestic violence cases may include strict no-contact orders, GPS monitoring, travel restrictions, and other compliance programs. Judges often order conditions of bond that attempt to prevent any further alleged contact until the case is resolved.

In certain cases, bond conditions can have the practical effect of requiring a defendant to move out of a shared residence or curtailing a defendant’s contact with children. Excessive or unnecessary restrictions may be challenged by requesting a formal bond modification hearing. Early representation can play a role in both the formulation of bond conditions and the ability to have reasonable restrictions imposed with judicial supervision.

Firearm Restrictions After a Domestic Violence Arrest

Domestic violence accusations can result in the loss of gun rights under both Texas law and federal law, and courts can even restrict a person’s possession of firearms as a condition of bond, even before they have been convicted. A final finding of family violence can have more far-reaching implications under federal law in the form of long-term restrictions on the ability to possess firearms.

If a person’s work involves the use of firearms or the possession of firearms is necessary for a job, a security clearance, or a professional license, these restrictions may also result in immediate employment consequences. Courts tend to take conditions involving firearms very seriously in the context of family violence, especially when threats are alleged. Firearm restrictions are an important component of a comprehensive defense strategy.

When Allegations Involve Conflicting Statements?

Scene statements in domestic violence cases are especially critical because they often lack independent witnesses and forensic evidence. Prosecutors may heavily rely on the 911 call recordings, body camera videos, and the first responding officer’s observations.

The case outcome can be influenced by factors such as inconsistent accounts, emotional circumstances, or changes in statements. Credibility of the parties involved becomes the focal point. Jurors are also instructed to closely assess witness reliability and consistency in their testimonies. 

Defense lawyers may review any inconsistencies, prior contact between the individuals, and whether the evidence substantiates the alleged level of injury or the presented threat.

Prior Convictions and Enhancement to Felony Charges

A family violence enhancement may turn a subsequent assault charge into a felony offense.Texas Penal Code § 22.01(b)(2) provides for a third-degree felony if a defendant is charged with assault against a family member and has a previous conviction for family violence.

Enhancement carries a substantial increase in sentencing exposure and long-term consequences. The prosecutor has the burden of properly proving up a prior conviction and showing that it meets the requirements of Texas law for enhancement. Documentation errors and procedural defects in the original cases may have an impact on whether the enhancement applies. Review of criminal history reports is often key in identifying the true level of exposure.

Impact on Custody and Family Court Proceedings

As an example, a domestic violence charge can have a substantial impact on simultaneous actions in family court. Custody, conservatorship, and visitation disputes are resolved in the family courts. Pending criminal charges can certainly be used as evidence in the family court’s determination of temporary orders concerning children.

Protective orders and family violence findings, even if one has not been convicted, can also impact one’s parenting time and decision-making rights. In contested divorces or custody battles, criminal charges can play a significant role in the civil litigation strategy. To the extent possible, it is critical to coordinate the criminal defense with an understanding of the potential impacts it may have on the family court issues.

FAQs

How Common Is Family Violence in Texas?

In 2023, law enforcement agencies in Texas reported247,896 family violence offenses, which represent the total number of reported cases involving family or household members throughout the state. These offenses can include assault, threat, intimidation, and other acts as defined under the family violence statutes. Knowing how many cases are being brought in Texas and Harris County can give you a sense of how aggressively prosecutors are likely to pursue an accusation.

How Many Texans Were Killed in Family Violence Incidents in 2024?

A total of161 Texans were killed in 2024 in family violence incidents, including intimate partner violence and other family violence-related homicides. This figure is from a report coordinated by the Texas Council on Family Violence and reflects the life-threatening, sometimes fatal, implications that can accompany domestic violence allegations in the state.

What Should I Know About Domestic Violence Charges in Spring, Texas?

The Spring and Harris County have domestic violence dockets handled by local prosecutors and judges. The Harris County Sheriff’s Office and local constable precincts are heavily involved in the investigation of alleged crimes, the taking of statements, and the forwarding of cases to the District Attorney’s Office. Defense planning should take into account the local procedures and expectations of this jurisdiction.

Can I Face Separate Charges for Violating a Protective Order?

It’s possible to face new criminal charges for a violation of a protective order even if the assault allegation remains pending. When a person is arrested for domestic violence, a judge may issue a protective order with specific requirements of no contact, residence restrictions, and communication bans. 

Violations of these court orders are taken very seriously, and additional charges increase criminal exposure, potential bond restrictions, and/or sentencing. You should hire a domestic violence lawyer for help navigating the process. 

Will a Domestic Violence Arrest Affect My Child Custody Case?

A domestic violence arrest can affect your custody, visitation, or other family court proceeding, even if you have not been convicted. Temporary orders from the family court often account for pending charges or allegations. 

A protective order or a finding of family violence can affect your conservatorship, supervised visitation, or parenting time. Integrating your criminal defense with your family law plan is often crucial to comprehensively protect your legal standing and your role as a parent. 

Contact a Spring Domestic Violence Defense Lawyer

A domestic violence charge in Spring can immediately impact your liberty, reputation, and family ties. At The Law Offices of Tad Nelson & Associates, we defend assault and family violence accusations with a thorough review of the evidence and trial-driven preparation. Early intervention can impact bond conditions, protective orders, and long-term exposure. 

If you are being investigated or have been arrested, hire a domestic violence defense lawyer early on to discuss your defense options in a confidential consultation.