Montgomery County Family Violence Lawyer
Charged With Assault Family Violence in Conroe or The Woodlands?
A family violence arrest can change your life before you ever see a courtroom. By the time you’re released from the Montgomery County jail, you may already be under an emergency protective order that keeps you out of your own home and away from your children.
Henry K. Nguyen has defended family violence cases in Montgomery County and Harris County for years. He knows these cases are often built on a single chaotic phone call and a few minutes of investigation.
What Happens Right After the Arrest
- Magistrate’s order for emergency protection. At your first appearance, the magistrate can issue an emergency protective order. It typically lasts 31 to 61 days, and longer if the case involves a weapon or serious injury. It can order you to stay away from the complainant, your home, and places like a child’s school, and it can suspend your right to carry a firearm.
- Bond conditions. Expect no-contact conditions. Contacting the complainant, even if they reach out first or want to reconcile, can lead to a new charge and revocation of your bond.
- The complainant can’t simply “drop the charges.” The District Attorney’s office decides whether a case goes forward. A complainant can tell the prosecutor they don’t want to proceed, but the State can still prosecute using the 911 call, body camera video, photos, and officer testimony.
Penalties
| Charge | Level | Range |
|---|---|---|
| Assault causing bodily injury to a family or household member or dating partner | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| Assault family violence with a prior family violence conviction | Third-degree felony | 2 to 10 years in prison |
| Impeding breath or circulation (“choking”) | Third-degree felony | 2 to 10 years in prison |
| Impeding breath with a prior family violence conviction | Second-degree felony | 2 to 20 years in prison |
| Continuous violence against the family (two or more assaults within 12 months) | Third-degree felony | 2 to 10 years in prison |
Consequences Beyond the Sentence
- An “affirmative finding” of family violence stays on your record and makes any future family violence charge a felony.
- No record sealing. A family violence case resolved with deferred adjudication is not eligible for an order of nondisclosure.
- Firearms. A family violence conviction bars firearm possession under Texas law for years after the sentence ends, and federal law can make that ban permanent.
- Family court. A family violence case can affect custody and divorce proceedings.
How These Cases Are Defended
Family violence cases often come from arguments with no neutral witnesses. The defense starts with the evidence the State will rely on: the 911 recording, body camera footage, photos, medical records, and what witnesses actually saw. Common issues include self-defense, injuries that don’t match the story, statements that changed between the 911 call and the officer’s arrival, and witnesses police never spoke with.
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Talk to a Montgomery County Defense Lawyer
Call (713) 222-1800 for a free consultation, available 24/7. Hablamos español. Chúng tôi nói tiếng Việt.