Family Violence Defense Lawyer El Paso TX — Affidavit of Non-Prosecution

What Is Family Violence Defense & Affidavit of Non-Prosecution?

Under Texas Penal Code Chapter 71, family violence includes assault, aggravated assault, sexual assault, and other offenses committed against a family member, household member, or dating partner. The term 'family member' is broadly defined to include spouses, former spouses, parents, children, siblings, and other relatives by blood or marriage. 'Household members' include anyone who currently lives or has previously lived in the same residence. 'Dating partners' are also covered, even if they have never lived together. Family violence charges range from Class C misdemeanor assault (offensive contact without injury) to first-degree felony aggravated assault. The most common charge is Class A misdemeanor assault causing bodily injury to a family member. However, if the alleged assault caused serious bodily injury or involved a deadly weapon, the charge escalates to felony aggravated assault. A second family violence conviction — regardless of the severity of the alleged assault — is automatically elevated to a third-degree felony under Texas law. This means that a person with even one prior family violence conviction faces felony charges for any subsequent allegation, no matter how minor. In El Paso, family violence cases are handled in both the County Courts at Law (for misdemeanors) and the District Courts (for felonies), and prosecutors take these cases extremely seriously.

Penalties in Texas — What You Are Facing

The criminal penalties for family violence in Texas are severe, but the collateral consequences are often even more damaging. A Class A misdemeanor family violence conviction carries up to one year in county jail and fines up to $4,000. A third-degree felony (second offense) carries 2 to 10 years in state prison. A second-degree felony aggravated family violence conviction carries 2 to 20 years in state prison. A first-degree felony carries 5 to 99 years or life in prison. Beyond the criminal penalties, a family violence conviction — even a misdemeanor — results in a mandatory protective order that can prevent you from returning to your home and seeing your children. Under federal law (18 U.S.C. § 922(g)(9), the Lautenberg Amendment), a misdemeanor family violence conviction results in a permanent, lifetime ban on possessing firearms. This is particularly significant for El Paso residents who work in law enforcement, security, or military-related positions near Fort Bliss. A family violence conviction also has significant effects on child custody and divorce proceedings, as Texas family courts are required to consider family violence history when making custody determinations. For non-citizens, a family violence conviction can trigger deportation proceedings and a permanent bar from re-entry into the United States.

The Legal Process in El Paso, Texas

Family violence cases in El Paso involve two simultaneous legal proceedings: the criminal case and the civil protective order proceeding. Immediately after an arrest, the court issues an emergency protective order (EPO) that typically remains in effect for 61 to 91 days. This order can prevent you from returning to your home, contacting the alleged victim, and in some cases, seeing your children. The alleged victim or the state can then seek a temporary ex parte protective order (issued without a hearing) and ultimately a final protective order (issued after a hearing) that can last up to two years or longer. In the criminal case, after arraignment, the prosecution will gather evidence including 911 recordings, medical records, photographs of injuries, neighbor testimony, and any prior history of family violence calls to the address. Prosecutors are trained to pursue these cases even without victim cooperation, using the 'excited utterance' exception to the hearsay rule to admit 911 recordings and other spontaneous statements. An experienced attorney can challenge each piece of evidence and work to achieve the best possible outcome in both the criminal and civil proceedings.

Defense Strategies That Work in El Paso Courts

Defending a family violence charge in El Paso requires both aggressive legal strategy and an understanding of the complex family dynamics involved. Attorney Aaronson will challenge the prosecution's evidence on every front. He will scrutinize the 911 recording for inconsistencies and context. He will review medical records and photographs to challenge the characterization of any injuries. He will investigate whether the alleged victim has a motive to fabricate or exaggerate the incident — which can occur in contentious divorce or custody situations. He will present evidence of self-defense when applicable, as Texas law recognizes the right to defend yourself even within a domestic relationship. He will work to modify or dissolve any protective orders that are preventing you from seeing your children or living in your home. And he will coordinate the criminal defense strategy with any related family law proceedings to protect your rights on all fronts. In some cases, successful completion of a family violence intervention program can be a factor in negotiating a favorable resolution.

Frequently Asked Questions About Family Violence Defense & Affidavit of Non-Prosecution in El Paso