Erath County Domestic Violence Attorney

Defending Family Violence Charges in Erath County Since 1999

A family violence charge in Texas doesn’t just mean fines or jail time. It can cost you your firearm rights, professional license, housing, and custody of your children. Because a conviction can’t be expunged, the consequences don’t have a natural endpoint. Law Offices of Landon Northcutt has defended clients in Erath County’s criminal courts since 1999, including cases heard at the Erath County Courthouse and the 266th Judicial District Court in Stephenville. We know these courts, and we’re prepared to take a case to a jury when the prosecution won’t offer a reasonable resolution.

If you’ve been charged with domestic violence or family violence in Erath County, call us at (254) 355-4654 to schedule a free, confidential consultation. We also offer Spanish-language legal services.

What Is Domestic Violence Under Texas Law?

Texas law uses the term “family violence” rather than “domestic violence” as the formal statutory descriptor, defined under Title 4, Section 71.004 of the Texas Family Code. The two terms are used interchangeably in practice, and you’ll likely hear both from law enforcement, prosecutors, and the courts throughout your case.

Under Texas law, a family violence charge can arise when the alleged victim is any of the following:

• A current or former spouse
• A current or former dating partner
• A current or former household member
• The parent of a shared child or unborn child
• A family member such as a sibling or parent
• A foster parent or foster child

One detail that catches many people off guard: domestic violence isn’t a standalone criminal charge in Texas. It functions as an enhancement applied to an underlying offense, most often assault, that elevates the charge classification and increases the available penalties. Texas law also permits peace officers to arrest without a warrant if there is probable cause to believe a family violence offense occurred. That means charges can be filed even when the alleged victim doesn’t want to press charges and even when the facts at the scene are disputed.

Penalties for a Family Violence Conviction in Texas

Sentencing ranges for a family violence offense depend on the underlying charge classification, the nature of the conduct, and whether the defendant has any prior family violence findings on record. Here is what Texas law provides across the charge spectrum:

Charge classifications and potential consequences under Texas law include:

• Class C misdemeanor: Threatening or offensive physical contact with no injury; punishable by a fine only
• Class A misdemeanor (first offense): Assault family member causing bodily injury; up to one year in county jail and a fine up to $4,000
• Third-degree felony (second conviction): A second family violence assault conviction may be charged at a higher level; punishable by two to 10 years in prison and a fine up to $10,000
• Continuous violence against the family: Two or more family violence assaults within a 12-month period, charged as a third-degree felony regardless of whether prior charges were filed or convictions obtained
• First-degree felony: Aggravated assault with a family violence finding where the actor uses a deadly weapon and causes serious bodily injury; five to 99 years or life in prison

Completion of a batterer’s intervention and prevention program is commonly required as a condition of probation. Deferred adjudication, which allows some defendants to avoid a formal conviction, can still carry lasting consequences for firearm rights under federal law even if the case is later dismissed.

Defenses to a Family Violence Charge in Erath County

Family violence charges are among the most aggressively prosecuted in Texas, but they’re also among the most frequently based on disputed facts. Texas law permits warrantless arrest on probable cause alone, which means an officer’s assessment at the scene can result in charges before the full picture is known. Once the state files charges, it controls whether to proceed, even if the alleged victim recants or refuses to cooperate.

Common defenses in family violence cases include:

• Self-defense
• Defense of a third party
• Consent
• False or exaggerated accusations
• Insufficient evidence

Family violence charges arise frequently in the context of contested divorces and custody disputes, where one party may have a strategic reason to file or amplify a complaint. We investigate the underlying circumstances thoroughly, review police reports and witness statements, and file pre-trial motions such as motions to suppress where the facts support them. When dismissal or reduction isn’t on the table, we’re prepared to take the case to trial.

Consequences That Follow a Domestic Violence Conviction

A domestic violence conviction in Texas carries consequences that extend well beyond sentencing, and many of them are permanent. Here is what you may be facing:

• Permanent criminal record: A family violence conviction can’t be expunged in Texas. It remains visible on background checks to employers, landlords, and licensing boards indefinitely.
• Federal firearm ban: A family violence finding on even a misdemeanor conviction can trigger a lifetime prohibition on firearm possession under 18 U.S.C. § 922(g)(9), commonly known as the Lautenberg Amendment. This can apply to deferred adjudication in some circumstances.
• Professional licensing: Fields such as nursing, law enforcement, teaching, and healthcare may revoke or deny licenses based on a family violence conviction.
• Child custody and visitation: Family courts may consider domestic violence history when determining custody and visitation arrangements.
• Housing and employment: A family violence conviction surfaces on background checks indefinitely, creating barriers that persist long after any sentence is served.

Why Erath County Clients Choose Our Firm for Domestic Violence Defense

When you’re facing a violent crime charge in Erath County, the attorney you hire should know the courts, the prosecutors, and what it takes to build a defense that holds up at trial. We’ve been practicing criminal defense in Texas since 1999 and have tried more than 200 cases before juries in Texas state courts, representing clients across more than 100 Texas counties.

Our office is based in Stephenville. When your case is on the docket at the Erath County Courthouse or the 266th Judicial District Court, you’re working with a domestic violence lawyer in Erath County who practices in that courthouse regularly, not one traveling in from another market. We take the time to understand your specific circumstances and build a strategy around them. Free initial consultations are available, and we offer services in Spanish.

Call us at (254) 355-4654 or contact us online to schedule a confidential consultation with our Erath County domestic violence attorney.