Texas family-violence charges: defenses and consequences for non-citizens

A Texas family-violence allegation produces consequences in three places at once: the criminal court that hears the charge, the civil court that may issue a protective order, and (for non-citizens) the immigration system that scrutinizes any family-violence finding with unusual intensity. Plea offers that look reasonable from a pure criminal-defense standpoint can be devastating from an immigration standpoint. This guide walks through how the three intersect.

The criminal charge. Family violence in Texas is defined in Family Code section 71.004 and includes assault, terroristic threat, and other offenses where the alleged victim is a family or household member or person in a dating relationship. A first-offense misdemeanor assault with a family-violence finding is typically a Class A misdemeanor under Penal Code section 22.01, punishable by up to one year in county jail and up to four thousand dollars in fines, plus collateral firearms and immigration consequences.

The protective order. Separate from the criminal case, the alleged victim can apply for a Magistrate’s Order of Emergency Protection (often issued at booking) and later a longer-term Protective Order under Family Code chapter 85. A protective order can prohibit contact with the alleged victim, prohibit going within a stated distance of the home and workplace, prohibit firearm possession, and impose other conditions. The protective-order hearing is civil and uses a lower standard of proof than the criminal case.

Federal firearms consequences. Under 18 U.S.C. section 922(g)(9), a misdemeanor conviction "for a crime of domestic violence" prohibits the convicted person from possessing firearms or ammunition for life under federal law. This applies even if Texas law would otherwise allow possession after a deferred adjudication. The federal ban is the single most common collateral consequence Texas defendants do not see coming.

Immigration consequences. Under federal immigration law, family-violence convictions are scrutinized intensely. A "crime of domestic violence" can be a deportable offense under INA section 237(a)(2)(E). Some assault convictions can also be crimes involving moral turpitude. A protective order finding that the respondent represents a credible threat can independently trigger deportability. Even a deferred adjudication is generally treated as a conviction for immigration purposes.

Defenses that actually work. The most common is self-defense or defense of a third person, particularly where the alleged victim was the initial aggressor or the scenario was mutual. Recantation by the alleged victim is common in family-violence cases but is treated cautiously by prosecutors and does not automatically end the case. Lack of evidence of bodily injury (no medical records, no photographs) often supports negotiating the family-violence finding off the case.

The negotiation that matters. The single most important negotiation in a non-citizen family-violence case is whether the disposition includes a "family violence" finding or not. A plea to a non-family-violence offense (often disorderly conduct or simple assault without the finding) preserves immigration options. A plea to assault with the family-violence finding generally does not. This requires a defense attorney who understands both Texas Code of Criminal Procedure article 42.013 and federal immigration removability triggers.

For accused non-citizens, do not plead to anything without an immigration-informed analysis. The criminal lawyer must consult with immigration counsel before any plea is entered. The firm handles both areas of law and routinely coordinates the analysis in-house.

For the alleged victim. If you are the person who called 911, you may feel pressured by family, by financial reality, or by genuinely changed circumstances to drop the case. In Texas, the State, not the victim, decides whether to prosecute. You may speak with the prosecutor about your wishes; the prosecutor is not obligated to honor them. You may consult independent counsel; you are not required to talk to the defense investigator without one.

What to do next: if you or a family member has been charged with a family-violence offense in South Texas, call (956) 317-1167 or message WhatsApp at (956) 500-1371 the same day. The early plea offers are the most damaging if accepted without analysis. Initial consultations are confidential. Use /contact to write.