Austin Domestic Violence Lawyer: Defending Assault Family Violence in Travis County

Last updated on April 30, 2026

An arrest for domestic violence in Austin can change a person’s life forever. Whether you are being questioned at the scene by law enforcement, being processed at Travis County Central Booking or facing a court appearance at the Blackwell-Thurman Criminal Justice Center, you need to take these situations seriously. 

At the Austin-based law firm of Hildreth & Rueda, we know everything that you have at stake. Our experienced Austin domestic violence lawyers have more than three decades of combined legal experience handling complex cases involving serious criminal charges. We know that there are often two sides to every story, and we make sure we get the opportunity to tell yours. We have appeared in courtrooms throughout the region helping our clients protect their futures.

Call us at 512-415-7648 or send us an email to schedule your free consultation. 

“Domestic Violence” vs. “Family Violence”: Why the Name Matters

Texas is somewhat unique in the way that domestic violence crimes are codified in the statutes. The way it is officially listed in the laws is perhaps a little different from what you’d expect:

• The Layman’s Language (Domestic Violence): If you are watching a TV show or movie, domestic violence is often used to describe allegations of domestic abuse, domestic battery, or domestic assault.
• The Court’s Language (Family Violence): In Texas, an arrest for domestic violence will be called family violence, which is what is listed in Texas Family Code § 71.004. On your court documents, you will likely see Assault Family Violence (AFV) or Assault Causes Bodily Injury Family Member. 

There are going to be several other statutes that may apply to your situation as well. Texas defines many of the terms that specify when a family violence crime may apply. These include when case involves a spouse, a dating relationship (TFC § 71.0021), or a household member (TFC § 71.005).

Understanding the Charges: Penalties and Statute Citations

The charge that you are facing in Travis County will have specific penalties that apply according to the Texas Penal Code (TPC) cited by the prosecutor. Some of these penalties may include:

The First 24 Hours: Central Booking and Jail Release in Austin

After a domestic violence arrest in Austin, there are a few things that are going to happen at different locations. Knowing what to expect can help you understand where you are in the process will help you know exactly what options are available to you.

• Travis County Central Booking (500 W. 10th St.): If you’ve been arrested, your first stop is most likely going to be here. Law enforcement will fingerprint you and take your mugshot.
• Blackwell-Thurman Criminal Justice Center (509 W. 11th St.): This is directly across the street from processing. You will most likely see a magistrate here who will set your bond and put an emergency protective order in place. 
• Travis County Correctional Complex (TCCC in Del Valle): For folks who do not post bond, they are frequently sent to the TCCC for longer detainment.

New 2025-2026 Texas Laws: How the Rules Just Changed

Domestic violence laws in Texas are modified frequently, and there have been recent rule changes that impact those facing charges in Austin: 

1. Mandatory GPS Monitoring (HB 36)

The Sharon Radebaugh Family Violence Protection Act (effective Sept 1, 2025) allows  magistrates in Austin and surrounding communities to require GPS ankle monitoring when granting bond to individuals that are considered to be a “continuing threat.”

2. Victim’s Right to Confer (SB 1120)

Also put into effect in late 2025, victims are permitted by statute to discuss possible plea deals that may be considered by prosecutors. Travis County does have a no-drop policy with these cases, but in some circumstances, victims may not support the prosecutor’s version of events. This may provide you with options as your case moves forward.

3. Protective Order Priority (SB 1559)

Under SB 1559, a criminal protective order now takes priority over any conflicting family court orders. In other words, if you have an order that allows you visitation, a domestic violence protective order can override the visitation order. This means you will not be able to spend time with your kids while the protective order is in place. 

Defending Your Future: The “No-Drop” Myth

So, what does the “no-drop policy” in Travis County actually mean? This means that the decision regarding whether or not to pursue charges in the case rests with the district attorney. The victim does not have the ability to “drop the charges.” 

In Travis County, the State of Texas is the plaintiff, not the victim. Travis County has a group of prosecutors specifically trained in domestic violence cases, so they understand how to build strong cases even when the victim is unwilling to press charges. The evidence that will be used to support the charges in cases include 911 calls, body-cam footage, and medical records even if the alleged victim refuses to cooperate.

Possible defenses available that we may pursue in domestic violence cases include:

• Self-Defense: Often, someone is accused of the crime after defending themselves against an initial attack. We can review the evidence at the scene and determine if this is an option in your case.
• Challenging the Relationship: Family violence and domestic violence charges only apply when certain relationships exist as defined by statute. There may be opportunities to argue that the parties did not meet those strict definitions.
• False Allegations: Domestic violence allegations are often used to gain leverage in high-conflict family law cases.

Collateral Consequences: What This Means For Your Future

Why does this matter? What is at risk if you are convicted of domestic violence? A conviction for Assault Family Violence in Travis County carries penalties that last a lifetime, which can include:

• Banned From Firearm Possession: Being convicted of family violence means that you will be unable to possess a firearm, according to the Lautenberg Amendment. This means you cannot own a firearm for any reason.
• Professional Licensing: Austin tech workers, nurses, and teachers face immediate investigations and potential loss of license, and those who require any security clearance or need to carry a firearm on the job may find themselves out of work.
• Immigration: If there is a conviction, the nature of these offenses often means that a person may be deported..

Texas Family Violence FAQ

Have you been accused of domestic violence? Do you have questions about the law and implications of a guilty plea or conviction? Here are answers to some of our clients’ most frequently asked questions:

Do the police have to arrest someone if there is a domestic violence complaint?

The law does not require police to make an arrest when they respond to a domestic violence call. They are only supposed to arrest someone if they have probable cause to believe someone committed domestic assault, based on things like physical evidence at the scene, injuries to the victim or an eyewitness’ account. Lack of probable cause to arrest you could be an issue your lawyer will bring up to challenge the charges.

Can I go back home after a family violence arrest in Travis County?

Probably not. After a family violence arrest in Travis County, returning home is usually not allowed immediately. Many are released from jail under a Magistrate’s Order for Emergency Protection, which can restrict contact with the alleged victim and prohibit returning to the shared residence. 

Orders vary in scope and duration, and violations can lead to additional criminal charges. An attorney can review the specific terms of the order, explain what is permitted and help request modifications if appropriate. 

Can a domestic violence charge be dropped if the victim does not want to press charges?

No. In Travis County, the decision to move forward with a domestic violence case lies with the State of Texas. Prosecutors often continue a case even when the accuser asks for it to be dismissed because the county follows a no‑drop approach in most situations. A victim’s reluctance to move forward can still impact the case’s direction, but it does not guarantee a dismissal. 

Will a conviction impact my right to own a firearm?

It depends on the level of charge against you. A Class A misdemeanor-level domestic violence charge can result in losing your right to own or possess firearms for up to five years after being released from incarceration or supervised release, though there are exceptions. Separately, a protective order against you could prohibit you from owning or possessing a gun.

Put Hildreth & Rueda on Your Side

We know the Austin courts, the Travis County jail system, and the changes to the domestic violence statutes inside and out. Don’t leave your future to chance.

Call 512-415-7648 today or send us an email for a free, confidential consultation.

*This page has been reviewed by attorney Florencia Rueda, who has over 15 years of experience in criminal defense cases in Travis County and nearby communities.