Domestic Violence Lawyer in Conroe and The Woodlands
A domestic violence arrest can upend your life overnight. By the time you are released, you may be barred from your own home, cut off from your children, and facing a charge the State can pursue even if the other person wants it dropped. If you need a domestic violence lawyer in Conroe or The Woodlands, you need one who understands both the criminal case and what it means for your family.
At Griffin & Cain, Attorneys at Law, Partner Brian Russell Cain practices both criminal defense and family law, and Senior Attorney Stella A. Stevens spent nine years as a Montgomery County prosecutor. Together, they defend family violence charges across Montgomery County, and every case starts with a complimentary consultation.
What Makes an Assault Family Violence in Texas
A family violence charge is usually an assault charge with one added element: your relationship with the other person. Texas covers three kinds of relationships:
- Family: relatives by blood or marriage, former spouses, parents of the same child, and foster parents and children
- Household: people who live together or used to, whether or not they are related
- Dating: a current or past romantic or intimate relationship, not a casual acquaintance
A first family violence assault causing bodily injury is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
When a Family Violence Charge Becomes a Felony
Several situations turn it into a felony even without a serious injury. Choking, or impeding someone's normal breathing or blood circulation by pressing on the throat or neck or blocking the nose or mouth, is a third-degree felony even on a first offense. So is a second family violence assault after a prior conviction, and a prior deferred adjudication counts for this purpose. When both apply, the charge becomes a second-degree felony. Two or more assaults on family, household, or dating partners within 12 months can be charged as continuous violence against the family, which is also a third-degree felony.
Emergency Protective Orders and Bond Conditions
At the first appearance, the magistrate will often sign an emergency protective order. It can bar you from contacting the other person, going near the home you share, or visiting their workplace or a child's school, and it can override an existing custody order while it lasts. For orders issued since September 2025, it lasts 61 to 91 days, or 91 to 121 days when a deadly weapon was involved. Unless you are a full-time peace officer, you cannot possess a firearm while it is in effect, and a handgun license is suspended.
The person the order protects cannot give you permission to break it. Going home because they said it was fine is still a violation, and it can mean a new charge and a revoked bond.
The First 72 Hours After a Family Violence Arrest
Family violence arrests move on their own timeline. When there is reason to believe the violence would continue, Texas law allows the jail to hold you for four hours after bond is posted, and a magistrate can extend that hold in writing. A personal bond is generally not available for felony family violence charges, and bond conditions often mirror the protective order.
Then come the practical problems: where to sleep, how to get clothes and medication, how to see your kids. Do not solve them by reaching out to the other person, even through a friend or relative. Retrieving belongings usually has to be arranged through your lawyer or with a police escort. If you are a family member calling on someone's behalf, do not pass messages between the two of them, however well meant.
If you need help understanding your bond conditions or getting back into your home legally, send us a message through the form on this page. We will help you handle it the right way.
How We Defend Family Violence Charges
What really happened. Many family violence cases begin with a 911 call made in anger and an arrest made in minutes. Body camera footage, the recording of the call, and the first statements at the scene often differ from the report written later.
Self-defense. The law protects people who defend themselves at home. Texas specifically excludes defensive measures from the legal definition of family violence.
False or exaggerated accusations. Accusations sometimes surface during a divorce or custody dispute, when one side stands to gain. Texts, emails, and timing can reveal a motive.
The choking allegation. The felony charge for impeding breath depends on specific proof. Medical findings, or the absence of them, matter.
The relationship element. If the relationship does not meet the legal definition, the family violence label falls away.
A witness who does not appear. When the accuser chooses not to testify, the State has to prove its case another way, and there are real limits on using statements from someone the defense cannot cross-examine.
Why Deferred Adjudication Is Not the Safe Plea It Seems
In many cases, deferred adjudication is a good way to avoid a conviction. In family violence cases, it carries hidden costs. It counts as a prior if you are ever accused again, which turns the next case into a felony. It can never be sealed with an order of nondisclosure, and a family violence conviction or deferred adjudication on your record blocks sealing for your other cases, too. Federal immigration law treats it as a conviction. Probation terms also commonly include a batterer intervention program that runs for several months.
Sometimes the better path is to fight for a dismissal, a reduced charge, or a trial. We walk you through the long-term consequences of every option before you decide anything.
What a Family Violence Conviction Can Cost You
Your gun rights. A conviction for family violence assault brings a federal firearm ban that usually lasts for life, with no exception for military or police duty weapons. Texas also bars you from having a firearm until five years after you finish your jail sentence or probation for a Class A assault on a family or household member.
Your children. Family courts can limit custody based on credible evidence of abuse, even without a conviction. That is why the criminal case and any custody case need to be handled together.
Your immigration status, job, and housing. A domestic violence conviction can make a noncitizen deportable, and it shows up on every background check a landlord or employer runs.
Facing a Family Violence Charge?
Get help with bond conditions, protective orders, and the criminal case. Your first consultation is complimentary. Send us a message using the form below.
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We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
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Our last review post was a year ago; Brian has continued to provide excellent work and advice on legal matters.
When the Other Person Wants to Drop the Charges
It is one of the most common questions in family violence cases, and the answer surprises people. The State, not the accuser, decides whether the case goes forward. Prosecutors can subpoena the other person to testify, and the spousal privilege that protects some conversations does not apply when the charge is a crime against a spouse or household member.
An affidavit of non-prosecution is one piece of information for the prosecutor, not a dismissal. Offering the other person anything, or threatening them, to get the case dropped can be charged as witness tampering, which is at least a third-degree felony in a family violence case. Even a heartfelt plea can violate your bond conditions or a protective order. If they want to share their wishes, they can speak with their own lawyer or with the District Attorney's victim coordinator. Your job is to stay out of it and let your lawyer handle it.
Family Violence Cases in Montgomery County
The Montgomery County District Attorney's Office has had a dedicated Domestic Violence Unit since 2011. Its prosecutors and victim coordinators work these cases on special dockets, so you should expect a prepared prosecutor from the first setting. A defense team that includes a former prosecutor from that office gives you a realistic read on how your case will be evaluated.
A civil protective order case may also be filed alongside the criminal charge. Testifying at a protective order hearing while your criminal case is open can hand the prosecution a transcript of your testimony, so talk to us before you say anything under oath. Since September 2025, a protective order against someone charged with family violence can remain in effect until two years after the criminal case ends.
Because Brian Cain also handles divorce and custody cases, we can coordinate your criminal defense with what is happening in family court. If you have a hearing coming up in either court, contact us now so we have time to prepare.
Frequently Asked Questions About Domestic Violence Charges
Can the victim drop domestic violence charges in Texas?
No. Prosecutors decide whether the case goes forward, and the other person can be subpoenaed to testify. Their wishes can influence the outcome, but offering them something or threatening them to drop the case can be charged as a separate felony.
Is domestic violence a felony in Texas?
A first family violence assault is usually a Class A misdemeanor. It becomes a felony with a prior family violence conviction or deferred adjudication, with an allegation of choking or impeding breath, or with repeated assaults within 12 months.
How long does an emergency protective order last?
For orders issued since September 2025, it lasts 61 to 91 days, or 91 to 121 days if a deadly weapon was involved. It can bar contact, keep you away from the home, and override a custody order while it is in effect.
Can I go home if the other person says it is okay?
No. The protected person cannot give permission to violate the order. Going home anyway can lead to a new charge and the loss of your bond.
Will a family violence charge affect my gun rights?
Yes. You generally cannot possess a firearm while an emergency protective order is in effect, and a conviction brings a federal ban that usually lasts for life, plus a Texas ban for assaults on family or household members.
Can a domestic violence charge be sealed or expunged?
A dismissal or acquittal can often be expunged. Deferred adjudication for family violence can never be sealed with an order of nondisclosure, which is why the plea decision deserves careful thought. Learn more about clearing a criminal record.
Talk to a Conroe Domestic Violence Lawyer Today
A family violence accusation puts your freedom, your home, and your relationship with your children on the line at the same time. You need a defense that protects all three. Griffin & Cain, Attorneys at Law, defends domestic violence charges in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties as part of our criminal defense practice, with criminal and family law experience under one roof.
Contact our Conroe office for a complimentary consultation. We will explain your bond conditions and protective order, what the State has to prove, and what we would do first.
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We're Available to Speak With You
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Contact Our Office
Today
We will provide a complimentary consultation so that you can discuss your issue with us. Get started by calling us or contacting us via email, and we will respond as soon as possible.
Phone:
936-539-1011
Address:
400 W. Davis St., Suite 200. Conroe, TX. 77301