Domestic Assault
Causing bodily injury to a spouse, partner, family member, or household member. The most commonly filed family violence charge in Harris County and typically a Class A misdemeanor on a first allegation.
Practice Area — Criminal Defense
Houston Family Violence & Domestic Assault Defense Lawyer
Family violence cases are emotionally difficult for everyone involved. Sam R. Cammack III defends the full range of family violence allegations across Greater Houston — domestic assault, aggravated domestic assault, assault by strangulation, continuous violence against the family, and violations of a protective order.
Arrested in the last 48 hours? Call before your first setting — the earliest window is where cases are won. See our case results or meet Sam Cammack III.
50+
Family Violence Cases on Record
10,000+
Cases Handled
3,000+
Dismissals Won
20+
Years in Texas Courts
Short answer: what is an assault family violence charge in Texas?
In Texas, "family violence" is not a separate crime — it is a classification attached to an assault charge when the complainant is a family member, household member, or someone in a current or former dating relationship, as defined by Texas Family Code §§ 71.003, 71.004, and 71.0021. A first-time assault–family member charge causing bodily injury is a Class A misdemeanor (up to one year in county jail and a $4,000 fine). It becomes a third-degree felony if the allegation involves impeding breath or circulation (strangulation) or if the accused has a prior family violence conviction, and a first-degree felony if a deadly weapon is used and serious bodily injury results. The lasting damage usually is not the jail time — it is the permanent affirmative finding of family violence, which can never be sealed or expunged and triggers a lifetime federal firearm ban.
Who we are: Sam R. Cammack III is a Houston trial lawyer and former felony prosecutor with 20+ years defending violent-crime allegations across five Texas counties. Review his documented case results, including a not-guilty verdict on all charges in a Brazoria County murder trial.
An accusation is not a conviction — and it is often not the whole story
Family violence allegations arrive at the worst moment in a family's life. An argument escalates, someone calls 911, and within hours a Harris County officer is required to make a decision on the spot about who the aggressor was. Texas policy strongly favors arrest in these calls. That means people are routinely taken to jail on the basis of a single statement, a scratch, or a raised voice — before anyone has heard the other side.
What follows is a machine that moves quickly. A magistrate can issue an emergency protection order the same night, locking you out of your own home and away from your children. The Harris County District Attorney's Office prosecutes these cases through a dedicated division with specially trained prosecutors, social workers, and caseworkers. And critically — the complaining witness cannot simply "drop the charges." The State, not the alleged victim, decides whether the case proceeds, and prosecutors regularly push forward on 911 audio, body-camera footage, and photographs even when the complainant recants or refuses to appear.
That is exactly why the response matters more than the accusation. Sam R. Cammack III has spent over two decades on both sides of the courtroom — as a former felony prosecutor in Harrison County, Texas, and for the last twenty years as a trial lawyer defending the accused. He is a member of the Texas Criminal Defense Lawyers Association and the Harris County Bar Association, and is licensed in good standing with the State Bar of Texas (Bar No. 24014415). He knows how the State builds a family violence file, where those files are weakest, and how to attack them before a jury is ever selected. Learn more about the firm and team.
Already been arrested? Do not wait for your first court setting. Call 713-224-4444 now, or request a free case review — then read our case results to see what outcomes we have obtained for clients facing serious felony allegations.
Scope of Representation
Penal Code § 22.01
Penal Code § 22.02
§ 22.01(b)(2)(B)
Penal Code § 25.07
Penal Code § 25.11
§ 22.01(b)(2)(A) & (b-3)
Family violence charges we defend
We handle every tier of family violence allegation, from a Class C citation through a first-degree felony.
Aggravated Domestic Assault
Assault involving serious bodily injury or the use or exhibition of a deadly weapon. A second-degree felony — and a first-degree felony where both a deadly weapon and serious bodily injury are alleged against a family or dating partner.
Assault by Strangulation
Allegations of impeding normal breathing or blood circulation by applying pressure to the throat or neck, or blocking the nose or mouth. Charged as a third-degree felony even on a first offense — and frequently overcharged from ambiguous physical evidence.
Violation of a Protective Order
Contact, proximity, communication, or firearm possession that breaches a protective order, magistrate's emergency protection order, or bond condition — including violations alleged from a single text message or a returned phone call.
Continuous Violence Against the Family
Two or more alleged family violence assaults within a 12-month period, charged as a third-degree felony — even if neither individual incident was ever prosecuted, and even if jurors do not agree on which incidents occurred.
Repeat & Enhanced Family Violence
Assault–family member with a prior family violence conviction (third-degree felony), and strangulation with a prior family violence conviction (second-degree felony). Enhancement fights are won by attacking the prior judgment itself.
Proven in Trial
First-Degree Aggravated Felony
No Bill
Two Related Felony Counts
Both Dismissed
Three Pending Criminal Charges
All Dismissed
Two Cases — Single Incident
Both Dismissed
Criminal Charge — Contested Facts
Charges Defeated
Professional License at Risk
License Preserved
Case results in violent-crime and family violence matters
Family violence cases are, by their nature, private. Most are resolved by dismissal, no-bill, or reduction long before they reach a public verdict — which is the outcome most clients want. The results below are drawn from the firm's published record and from publicly available Texas court filings. For the firm's complete record across all practice areas, see our full case results page.
Signature Verdict — Violent Crime
State of Texas v. David Barajas
Brazoria County, August 2014. A father was charged with murder after a drunk driver killed his two sons. Sam Cammack III tried the case to verdict, establishing that no murder weapon was ever recovered, that Barajas had never owned a firearm, and that forensic gunshot-residue analysis came back negative.
Not Guilty — All ChargesThe same trial approach — attack the forensics, attack the assumption, force the State to prove every element — is what we bring to family violence allegations. See all case results →
Documented family violence caseload — Texas public court records
Public court-record data compiled from Texas county filings identifies 371 criminal matters associated with Sam R. Cammack III (Texas Bar No. 24014415), of which 64% are felonies. The breakdown below reflects the family-violence and assaultive charges within that record — more than 50 filings charged specifically as family or household member offenses, in addition to related assaultive matters.
18
Aggravated Assault — Family Member
14
Assault — Family Member
13
Assault — Impeding Breath / Circulation
5
Assault — Family/Household Member with Prior
25
Aggravated Assault with a Deadly Weapon
8
Assault — Bodily Injury
345
Harris County Matters (93% of caseload)
23
Montgomery County Matters
Most frequently appearing before Harris County Criminal District Courts Nos. 176, 178, 183, 208, and 248 at the Harris County Criminal Justice Center, 1201 Franklin Street, Houston. See our Harris County practice page for local court details, or look up a case through our inmate search and court records resources.
Selected client outcomes
The following are outcomes reported by clients of the firm across its criminal defense practice, as published on our case results page. Charges are described as published; client identities and cause numbers are withheld to protect confidentiality. Independent client reviews are also available on the firm's Avvo profile.
No Bill
Both Dismissed
All Dismissed
Both Dismissed
Charges Defeated
License Preserved
Want to know what a realistic outcome looks like in your case? Sam reviews the offense report, the 911 audio, and the charging instrument before giving you an honest assessment — not a sales pitch. Call 713-224-4444 or request a free consultation.
Note on results: Each case is decided on its own facts and law. Prior results — including dismissals, no-bills, and acquittals — do not guarantee or predict a similar outcome in any future matter. Caseload figures are compiled from publicly available Texas court records and may be incomplete. Full published outcomes are listed on our case results page.
Exposure
Texas family violence penalties at a glance
Where your charge falls determines everything about strategy. Here is the statutory landscape.
| Offense | Statute | Classification | Punishment Range |
|---|---|---|---|
| Assault by threat or offensive contact — family member | § 22.01(a)(2)–(3) | Class C misdemeanor | Fine up to $500 |
| Assault causing bodily injury — family or household member | § 22.01(a)(1) | Class A misdemeanor | Up to 1 year jail + $4,000 |
| Assault family violence with a prior FV conviction | § 22.01(b)(2)(A) | Third-degree felony | 2–10 years + $10,000 |
| Assault by impeding breath or circulation (strangulation) | § 22.01(b)(2)(B) | Third-degree felony | 2–10 years + $10,000 |
| Strangulation with a prior family violence conviction | § 22.01(b-3) | Second-degree felony | 2–20 years + $10,000 |
| Continuous violence against the family — 2+ assaults in 12 months | § 25.11 | Third-degree felony | 2–10 years + $10,000 |
| Aggravated assault — serious bodily injury or deadly weapon | § 22.02(b) | Second-degree felony | 2–20 years + $10,000 |
| Aggravated assault — deadly weapon and serious bodily injury to a family, household, or dating partner | § 22.02(b)(1) | First-degree felony | 5–99 years or life |
| Violation of a protective order or bond condition | § 25.07 | Class A misdemeanor | Up to 1 year jail + $4,000 |
| Violation involving assault or stalking, or with two prior convictions | § 25.07(g) | Third-degree felony | 2–10 years + $10,000 |
Punishment ranges reflect the Texas Penal Code as currently enacted. Enhancements for prior felony convictions under §§ 12.42–12.425 can raise these ranges substantially. This table is general information, not legal advice about your case.
What Happens Next
The first 72 hours after a family violence arrest in Harris County
- Arrest and booking You are transported to the Harris County Jail and booked. Texas law strongly favors arrest on family violence calls, and officers have limited discretion to release at the scene.
- Magistration and the emergency protective order Within 48 hours you appear before a magistrate at the Joint Processing Center. Under Texas Code of Criminal Procedure Art. 17.292, the magistrate can issue a Magistrate's Order of Emergency Protection on the State's motion — or on the court's own motion — barring you from your residence, from contact with the complainant, and from possessing a firearm. A standard order runs 61 to 91 days; where serious bodily injury is alleged or a deadly weapon was used or exhibited, it runs 91 to 121 days.
- Bond and conditions Bond is set with family violence conditions attached: no contact, GPS monitoring in some cases, and firearm surrender. Violating any single condition is itself a new criminal charge under § 25.07.
- Case filing and the first setting The Harris County District Attorney's Family Criminal Law Division reviews the file and decides whether to accept charges. This is the window where defense work has the greatest leverage — before an indictment, before positions harden.
Do this immediately
- Do not contact the complainant. Not a text, not through a friend, not to apologize. Contact is a separate felony-eligible offense.
- Do not talk to police. "Explaining what really happened" is how the State gets its best evidence.
- Preserve everything. Texts, call logs, photos, door-camera footage, medical records, and witness names — before they are deleted or overwritten.
- Surrender firearms properly. Do so through counsel, and document it.
- Call a lawyer before the first setting. Early intervention is what turns cases into dismissals.
The Hidden Penalty
Why the "affirmative finding of family violence" is the real fight
Many people accept a plea believing probation makes the problem go away. In family violence cases, it does not.
Under Texas Code of Criminal Procedure Art. 42.013, when a court convicts a defendant of — or places them on deferred adjudication for — an offense involving family violence, the court must enter an affirmative finding of family violence in the judgment. That notation is permanent. It cannot be expunged, sealed, or set aside, and it attaches even when there is no conviction in the traditional sense.
Lifetime firearm ban
Federal law at 18 U.S.C. § 922(g)(9) prohibits possession of a firearm or ammunition after a qualifying domestic violence conviction. The affirmative finding makes that ban self-proving.
Automatic felony enhancement
Any future family violence allegation is charged as a third-degree felony under § 22.01(b)(2)(A) — the State simply points to the judgment rather than re-proving the prior.
No order of nondisclosure
Texas Government Code § 411.074 bars sealing deferred adjudication for family violence offenses, so the record stays visible to employers and licensing boards.
Immigration consequences
A crime of domestic violence is a deportable offense under federal immigration law and can bar naturalization — for green card holders and visa holders alike.
Family court leverage
The finding is used directly against you in custody, visitation, and divorce proceedings, and can support a two-year civil protective order.
Employment & licensing
Nurses, teachers, CDL holders, healthcare workers, military personnel, and security-cleared employees can lose careers over a finding that never involved a day in jail.
This is why the goal in a family violence case is rarely "the best plea." It is dismissal, a no-bill, an acquittal, or a negotiated reduction to a charge that carries no family violence finding — and that outcome has to be engineered from the first week of the case.
Strategy
How we attack a family violence case
Self-defense and defense of a third person
Texas Penal Code §§ 9.31–9.33 justify reasonable force against unlawful force. In mutual-combat situations the person who called 911 first is often the one treated as the victim — not the one who was actually attacked. Injury patterns, defensive wounds, and relative size frequently tell a different story than the offense report.
False or exaggerated allegations
Family violence accusations surface with predictable timing — during divorce filings, custody disputes, immigration proceedings, or after an infidelity discovery. Motive, timing, and prior inconsistent statements are legitimate and powerful cross-examination material.
No bodily injury as legally defined
The State must prove bodily injury — physical pain, illness, or impairment. Absent medical records, photographs, or corroboration, an assertion of pain made hours later to a responding officer is thin evidence to carry beyond a reasonable doubt.
Attacking the strangulation enhancement
Impeding breath or circulation is what turns a misdemeanor into a felony, and it is regularly charged from a red mark and a conclusory statement. We test the medical evidence, the absence of petechiae or hoarseness, and the language of the original 911 call against the later-added allegation.
Relationship element failures
Family violence classification requires a qualifying relationship under Family Code §§ 71.003, 71.004, or 71.0021. Roommates, casual acquaintances, and brief encounters do not always meet the statutory definition — and if the relationship element fails, the family violence finding fails with it.
Confrontation, hearsay, and recantation
When a complainant does not appear, the State leans on 911 recordings and excited utterances. Those theories have real constitutional limits under Crawford v. Washington and Davis v. Washington, and enforcing them is often what collapses a case the State intended to try without its witness.
Suppression and procedural challenges
Warrantless home entry, unlawful detention, statements taken without warnings, and unrecorded custodial interrogation all create suppression issues. Evidence excluded before trial is evidence the jury never hears.
Pretrial diversion and finding-free resolutions
Where dismissal is not achievable, the objective shifts to a resolution that avoids an affirmative finding entirely — a negotiated reduction, a diversion agreement, or a Class C disposition that preserves firearm rights and future eligibility to seal.
Protective Orders
Protective orders and § 25.07 violations
Three different orders can restrict you at the same time, and they are not the same instrument:
- Magistrate's Order of Emergency Protection (Art. 17.292) — issued at magistration without a hearing; 61–91 days as a rule, or 91–121 days where serious bodily injury is alleged or a deadly weapon was used or exhibited.
- Bond conditions — imposed by the court as a condition of release; violating them can revoke your bond and land you back in custody.
- Civil protective order — a separate lawsuit heard in Harris County by the 280th District Court (Protective Order Court), located in the Harris County Juvenile Justice Center at 1200 Congress Street in downtown Houston. Under Texas Family Code § 85.025 these generally last up to two years, and longer in defined circumstances.
A civil protective order hearing is a real evidentiary proceeding — and one where anything you say can be used in the criminal case running alongside it. Appearing without counsel at that hearing is one of the most damaging mistakes an accused person can make.
Violations are easier to commit than people realize
Under Texas Penal Code § 25.07, a violation is a Class A misdemeanor — and a third-degree felony if the violation itself involved assault or stalking, or if you have two or more prior convictions under §§ 25.07 or 25.072. Prohibited conduct includes far more than showing up in person:
- Threatening or harassing communication of any kind
- Going near a residence, workplace, school, or childcare facility
- Possessing a firearm
- Harming or interfering with a pet or companion animal
- Tracking a protected person's location, vehicle, or property
- Tampering with a GPS monitoring device
Critically: the protected person cannot give you permission. If they invite you over and you go, you have still violated the order — and you, not they, will be arrested.
Where We Practice
Family violence defense across Greater Houston
Local practice matters in family violence cases. Charging policies, diversion availability, and protective order practice differ meaningfully from one county to the next.
Harris County
Houston, Pasadena, Baytown, Katy, Humble, Cypress, Tomball, Spring Branch, Bellaire, Deer Park, La Porte
Harris County Criminal Justice Center, 1201 Franklin St., Houston — District Courts, Criminal Courts at Law, and the 280th District Court for protective orders at 1200 Congress St.
Montgomery County
Conroe, The Woodlands, Spring, Magnolia, Willis, Montgomery, New Caney, Porter
Montgomery County Courthouse, Conroe — District Courts, County Courts at Law, and JP & municipal courts countywide.
Fort Bend County
Richmond, Sugar Land, Katy, Rosenberg, Missouri City, Stafford, Fulshear, Needville
Fort Bend County Justice Center, Richmond — District Courts and County Courts at Law.
Galveston County
Galveston, League City, Texas City, Friendswood, Dickinson, La Marque, Santa Fe
Galveston County Justice Center, Galveston — District Courts and County Courts at Law.
Brazoria County
Angleton, Pearland, Lake Jackson, Alvin, Freeport, Clute, Manvel
Brazoria County Courthouse, Angleton — District Courts and County Courts at Law. Site of the firm's State v. Barajas acquittal.
Federal Court
United States District Court, Southern District of Texas — Houston Division
Federal domestic violence, firearm-prohibition (§ 922(g)(9)), and interstate violation charges. See federal cases.
Not sure which court your case is in? Use our inmate search and court records tools, or send us the cause number and we will look it up for you.
Questions We Hear Daily
Family violence FAQ
Can the alleged victim drop the charges?
No. In Texas, criminal charges belong to the State, not to the complaining witness. Once police make a family violence report, only the District Attorney's Office can dismiss the case. A complainant may sign an affidavit of non-prosecution, and it is a meaningful piece of evidence — but Harris County prosecutors routinely proceed anyway using 911 recordings, body-camera video, and photographs. An affidavit should never be prepared without a defense lawyer's involvement, because a poorly drafted one can expose the complainant to a perjury allegation and can be used against the accused.
Is a first-time domestic assault charge a felony in Texas?
Usually not. A first assault–family member charge causing bodily injury is a Class A misdemeanor punishable by up to one year in county jail and a $4,000 fine. However, it is charged as a third-degree felony on a first offense if the State alleges you impeded the complainant's breathing or blood circulation — the strangulation allegation under § 22.01(b)(2)(B) — and as a first-degree felony if a deadly weapon was used and serious bodily injury resulted.
Can an assault family violence charge be expunged in Texas?
If your case is dismissed, no-billed, or results in an acquittal, you are generally eligible for an expunction. If you are convicted or accept deferred adjudication, you are not — Texas Government Code § 411.074 specifically bars orders of nondisclosure for family violence offenses, and the affirmative finding under Art. 42.013 cannot be sealed or set aside. This asymmetry is precisely why fighting for dismissal is worth far more than accepting a fast plea.
Will I lose my gun rights?
A conviction or deferred adjudication carrying an affirmative finding of family violence triggers a lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9). Separately, you are barred from possessing firearms while any protective order or emergency protection order is in effect, and possession during that period is itself a § 25.07 offense. For law enforcement officers, military members, and security-licensed professionals, this alone can end a career.
What if the accusation is completely false?
False family violence allegations are more common than people assume, particularly during divorce, custody, or immigration disputes. The response is evidence, not argument: preserve text messages, call logs, location data, and door-camera footage immediately; identify witnesses before memories fade; and document the timing of the accusation relative to the underlying dispute. Motive to fabricate is proper cross-examination and frequently produces a dismissal before trial.
Can I go home after a family violence arrest?
Often not right away. Under Texas Code of Criminal Procedure Art. 17.292, a magistrate may issue an emergency protection order at magistration that prohibits you from returning to a shared residence. A standard order remains in effect for 61 to 91 days; where serious bodily injury is alleged or a deadly weapon was used or exhibited, it runs 91 to 121 days. That order can be challenged or modified, but only through a formal request to the court. Returning home before it is modified is a new criminal offense, even if the complainant asks you to come back.
How much does a family violence lawyer cost in Houston?
Fees depend on the charge level, the county, and whether the case is likely to be tried. Our office quotes a flat fee after reviewing the specific allegation, so you know your cost before you commit. The initial case review is free and confidential. Call 713-224-4444 — we take calls 24 hours a day.
What is "continuous violence against the family"?
Under Texas Penal Code § 25.11, engaging in family violence assault two or more times within a 12-month period is a third-degree felony — even if neither individual incident was ever charged or prosecuted. Jurors are not required to agree unanimously on which specific incidents occurred, only that two occurred within the window. That structural feature makes § 25.11 one of the most aggressive charging tools available to Texas prosecutors and one that demands an early, aggressive defense.
Free & Confidential Case Review
Talk to a trial lawyer before you talk to anyone else
Family violence cases move fast, and the decisions made in the first week shape everything that follows. Sam R. Cammack III has tried the hardest cases in Texas and won them. Tell him what happened — the call is free, confidential, and answered around the clock.
Sam R. Cammack III · 1001 West Loop South, Suite 700, Houston, TX 77027 · Available 24/7 · View case results
The information on this page is provided for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Texas law changes, and every case turns on its own facts and procedural posture. Prior results — including dismissals, no-bills, and not-guilty verdicts — do not guarantee or predict the outcome of any future matter. Caseload statistics are compiled from publicly available Texas court records and may be incomplete. If you have been arrested or accused, speak with a licensed Texas criminal defense attorney about your specific situation.