What’s at stake
An ordinary bodily-injury assault against a partner can be a Class A misdemeanor. Depending on the relationship and facts, impeding breathing or blood circulation, or a qualifying prior conviction, can raise the charge to a third-degree felony. The ordinary third-degree range is two to ten years in prison and a possible fine up to $10,000. A qualifying prior and an impeding-breathing allegation together can raise the charge further.
What a Texas court looks at
A magistrate may impose contact or location restrictions at release. At later settings, counsel can address evidence such as the timing of an injury photo or a statement recorded before witnesses spoke to one another. Before any plea, ask whether the proposed judgment includes a family-violence finding and how that affects your own circumstances.
What happens next
- Review the bond conditions, emergency protective order and any family-court orders together. Identify protected people, locations, prohibited contacts and expiration dates.
- Examine dispatch audio, body-camera footage, statements, injury records and prior incidents the state claims are relevant. Preserve complete exchanges, including surrounding messages.
- If restrictions create a housing, work or child-exchange problem, counsel can evaluate a formal request to the proper court. Honor restrictions while the request is pending.
Timing and deadlines
Bond and protection issues may arise before the charging decision. The criminal case, civil protective-order hearing and family case may have different judges and dates. Keep a separate copy of each notice.
Costs and payment
Ask whether the fee covers a separate protective-order hearing or related family proceeding. Monitoring, temporary housing and supervision can create other expenses.
How to prepare
- Bring complete copies of all criminal, protective and parenting orders.
- Identify safe temporary housing and practical exchange or property-retrieval needs.
- Preserve original calls, photos and messages and provide them to counsel.
How Angel and his team can help
If you have nowhere to sleep, a shift at a restricted location or medication at home, give the team those details at the first call. Angel can review each signed order, identify the court with authority to address the restriction and discuss how to request a practical arrangement. Share evidence through counsel so you can focus on meeting the current conditions.
Speak with the officeQuestions and answers
Can the other person give me permission to return home?
Consent from a partner cannot change a court order. Read the exact restrictions and ask counsel about a court-authorized method to collect belongings or request a change.
What if the person who made the report wants the case dropped?
Prosecutors decide how to proceed and can evaluate recordings, statements and other evidence. Do not ask a witness to change an account or use someone else to make contact.
What if a parenting order allows an exchange that the bond papers seem to forbid?
Give counsel both orders before the exchange. A lawyer can identify the conflict and seek clarification or modification from the appropriate court.
We are separated and never married. Why is this a family-violence case?
Texas law includes more relationships than marriage. A qualifying dating relationship, parents of the same child, and current or former members of the same household can come within the definitions. Tell the lawyer when you lived together, dated or separated.
What if the officer’s report describes strangulation but the complaint uses different words?
The legal allegation may describe pressure on the neck or throat, or blocking the nose or mouth so as to impede normal breathing or circulation. Counsel can compare the exact charging language with medical observations, statements and the surrounding circumstances.
Why does an old case appear in my new paperwork?
The state may allege a prior offense to increase the grade. Give the team the old case number and disposition, including deferred-adjudication records. The statute defines what can count, and the exact offense, relationship and result deserve review.
Why should I ask about an affirmative finding before signing?
A family-violence finding records the court’s determination in the judgment and can affect later proceedings. Ask Angel to show you the proposed language and explain possible consequences for future charges, firearms or related family matters before making a decision.
Can I share screenshots with friends to explain my side?
Preserve the complete conversation, including dates and original media, and ask how to deliver it privately to counsel. A public post can lose context, become evidence or reach a protected person. The written order may also limit indirect messages.
Let’s talk about your next step.
You don’t have to figure it out alone. Talk with Angel’s office about your concerns, upcoming dates and how the team can help.