Domestic Violence Cedar Park, TX trial lawyers

Cedar Park Domestic Violence Attorneys

Defending Against Family Violence Charges in Cedar Park, TX

Domestic violence charges are incredibly serious, and at Smith & Vinson Law Firm, we know that these cases are also usually not straightforward. An accusation can be made in the heat of an argument, but once the police are called, the state is very unlikely to decline to prosecute—even if the alleged victim changes their mind or recants their statement. These situations are often matters of “he-said, she-said,” but proving your side of the story requires a skilled defense and an in-depth understanding of the law.

At Smith & Vinson Law Firm, we know how to defend you against domestic assault charges in Cedar Park, Texas. Our team includes former prosecutors who understand how these cases are charged and prosecuted. We are aware of the possible penalties you face; we know how serious your situation is, and we’re here to help you fight for your future.

Contact our office now to speak to an experienced domestic violence attorney in Cedar Park at no cost to you. Call us 24/7 at (512) 359-3743.

Turning Charges into Chances Fighting for the Outcome You Deserve

Facing criminal charges can be overwhelming, but you don’t have to face them alone. Our experienced team will fight tirelessly to protect your rights and your future, take control today.

FIGHT BACK NOW

Domestic Violence Laws in Texas: Understanding Your Charges

Texas Penal Code, Title 5, Chapter 22, Section 22.01 defines “family violence” as committing the crime of assault against a family member, past or current dating partner, or member of a shared household. “Assault” is defined as “intentionally, knowingly, or recklessly” causing or threatening another person with bodily injury or “intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.”

You can be charged with domestic violence in Texas if you are accused of committing assault against:

Your spouse or ex-spouse
The other parent of your child/children
Your current or ex-girlfriend or boyfriend
Someone with whom you have an intimate history
Your parent or grandparent
Your minor or adult child
A roommate or someone else with whom you share a home
Your sibling
An aunt or uncle, cousin, or any other family member

Essentially, if you are related to or live with the alleged victim, you could be looking at domestic violence charges. These charges are serious, carrying harsh penalties with a conviction, including possible imprisonment, thousands of dollars in fines, loss of child custody or visitation rights, loss of Second Amendment rights, and more.

How Is Domestic Violence Charged in Texas?

The crime of family violence, or domestic violence, as it’s more commonly known, can be charged as a misdemeanor or felony, depending on the circumstances.

Some of the factors that influence how you could be charged include:

Your relationship to the alleged victim
Whether you’ve been charged with domestic violence before
The type and degree of assault allegedly involved
The alleged presence of any aggravating factors, such as the use of a weapon

For example, if you have never been charged with domestic violence before, and there were no aggravating factors involved, you could be charged with a Class A misdemeanor. This would mean you could up to a year in jail and fines of up to $4,000. However, if you have been convicted of domestic violence in the past, or if the alleged assault involved strangulation or suffocation, you could be looking at felony charges, which carry much harsher penalties. The most severe domestic violence charges in Texas are first-degree felonies, which come with a minimum sentence of 5 years and the possibility of up to 99 years in prison, as well as up to $10,000 in fines.

What Is “Continuous Violence Against the Family?”

The crime of “continuous violence against the family” is a domestic violence enhancement that occurs when someone allegedly commits at least two separate acts of domestic violence within a 12-month (one-year) period. A person does not have to be convicted, and it does not matter if both charges were misdemeanors; if you are charged with domestic violence twice in one year, it can trigger this enhancement.

In Texas, continuous violence against the family is charged as a felony. Penalties include up to 10 years in prison and fines of up to $10,000.

Is Stalking a Form of Family Violence in Texas?

Stalking is not always considered family violence, but it can be, depending on the relationship between the two parties. For example, if your ex-spouse accuses you of engaging in activities that fall under Texas’s definition of “stalking,” such as following them or sending them threatening mail, you could be charged with a family violence crime if the behavior allegedly escalates to assault.

The accuser could also take out a protective order against you, which can result in several significant consequences, including losing your right to contact that person in any way, see your kids, or even go home if you share a house with the person who took out the order. If you are accused of violating a protective order, you could face serious criminal penalties, such as imprisonment and up to $10,000 in fines.

Possible Defenses to Domestic Violence Charges in Texas

Several defenses may apply to your case, and a Cedar Park domestic violence attorney at our firm can help you determine the best course of action.

Some possible defenses to domestic violence charges in Texas include:

No Offense Occurred: This involves proving that you did not, in fact, commit an offense against your accuser. In other words, this is the innocence defense.
Lack of Intent/Knowledge: To convict you of domestic violence, the prosecution must prove that you “intentionally, knowingly, or recklessly” caused bodily injury to the defendant or threatened to cause injury to the defendant or that you “intentionally or knowingly” engaged in conduct that you knew would offend the defendant. This defense rests on proving that you had no intention of causing harm or threatening harm, or that you did not intentionally do something that you knew the other person would find offensive or provocative.
Self-Defense: In some cases, it may be possible to prove that you were acting in self-defense. This is considered a valid defense to assault charges, including domestic assault or family violence.

Charges Avoided Assault
Case Dismissed Possession of Controlled Substance
Our client picked up a prostitute and was later pulled over for failing to signal. The police let the woman go, but found cocaine in the car on the passenger side and charged our client with possession of a controlled substance.
No Charges Filed Sexual Assault Investigation
Our client was a UT student who was accused of sexual assault. He came to our firm extremely scared about his future both with the university and within the criminal justice system. With our firm's help, he was able to show that his accuser was not credible. Smith and Vinson put together a defense that law enforcement recognized as credible evidence of his innocence and not to file charges which changed the course of our client's life.
Case Dismissed; Charges Reduced Five Counts of Sexual Assault of a Child & Eight Counts of Indecency with a Child
Our client faced six counts of sexual assault and eight counts of indecency with a child over an alleged relationship with a teen. Despite overwhelming evidence, we secured a dismissal and reduced charges.
Charges Dismissed Sexual Assault Investigation
Our client, a promising Texas State student, was wrongfully accused of sexual assault by a classmate and hastily arrested. We demonstrated the consensual nature of their actions and exposed the accuser's ulterior motives. The District Attorney's Office dismissed the case.
Charges Rejected Assault Bodily Injury Family Violence

SEE MORE WINS

Your Trial Lawyers

My experience with this law firm was fantastic
“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”

- Lyndsey O.
Smith and Vinson were incredibly helpful when I needed legal advice.
“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”

- Keira C.
Great defense lawyers.
“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”

- Destiny E.
Highly Recommend - Professional, Compassionate, and Responsive Team!
“I had a very positive experience working with Smith and Vinson Law Firm. Jarrod and his paralegal, Paloma, were very organized, professional, responsive, and kept me informed throughout the process. Jarrod is very knowledgeable and experienced, and I especially appreciate his thoughtful consideration and genuine compassion during a very traumatic personal injury time.
Jarrod was always accessible and prompt whenever I had questions or when matters needed attention, which made a meaningful difference throughout the process.
Everything was handled with care and attention to detail, and I would highly recommend Jarrod and his team.
”

- Ravi K.
If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”

- Kayla S.
It’s clear they care about the people they work with, not just the legal outcome.
“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”

- Thomas A.
Highly Recommend
“I am incredibly grateful for the care and support I have received from this law firm. After my car accident, they have treated me with respect and kindness and have exhibited genuine compassion during a very traumatic time. Jarrod took the time to explain processes clearly and was patient when answering all of my questions. Between him and his paralegal, Paloma, I have felt comfortable and informed every step of the way. I cannot thank this team enough for all they have done and continue to do during this difficult time. If you are searching for a team that will stand by you and put in the effort to reach the best possible outcome, I cannot recommend Smith & Vinson enough.”

- Mariah S.
The level of professionalism, expertise, and care I received was spectacular.
“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”

- Didi C.
They exceeded all my expectations with their professionalism, compassion, and dedication.
“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”

- Cielo J. R.

How Our Cedar Park Domestic Violence Lawyers Can Help

At Smith & Vinson Law Firm, we have a long history of standing up for people accused of all sorts of criminal acts. We fight tirelessly for our clients—and our case results prove it. Our Cedar Park criminal defense attorneys are here to help you navigate the criminal justice system, whether that means working to have your charges dropped, your case dismissed, or your name cleared at trial. When you choose our firm, you get a personalized defense from a team that genuinely cares about you and your future.

Give us a call at (512) 359-3743 to set up a completely free and confidential consultation with a skilled domestic violence defense lawyer in Cedar Park.

Your Life Changed. Let's Change The Outcome.

Injury Or Charge, Take Control Now

First Name
Last Name
Phone
Email
Are you a new client?
How can we help you?
By submitting, you agree to receive text messages from Smith & Vinson Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy