A family violence charge in Fort Bend County carries consequences that extend well beyond jail time. A conviction, or even a deferred adjudication, can affect your firearm rights, your immigration status, your custody case, and your career. If you’ve been arrested, the decisions you make in the next 48 hours matter enormously.
Why Varghese Summersett for Fort Bend Family Violence Defense
Varghese Summersett is one of the few criminal defense firms in Texas with a Board Certified Criminal Law Specialist who previously served as Chief of the Family Violence Unit. Letty Martinez spent over 20 years as a prosecutor with the Tarrant County District Attorney’s Office, leading both the Family Violence Unit and the Crimes Against Children Unit, before dedicating her career to defense. She has tried over 100 cases and brings a rare, inside understanding of exactly how these cases are built and where they can be challenged.
Our Houston-area team is led by Mike Hanson, Senior Counsel and area lead, who served as an Assistant District Attorney in both Tarrant County and Fort Bend County. He is Board Certified in Juvenile Law (2025) and has tried more than 60 cases before a jury. He continues to serve in the United States Army Reserve JAG Corps.
The firm brings more than 100 years of combined experience, a team of over 70 professionals, and a track record that includes 1,600+ dismissals and 800+ charge reductions. When a family violence charge threatens everything you’ve built, you deserve attorneys who have seen these cases from both sides of the courtroom.
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What Is Family Violence Under Texas Law?
Texas defines family violence broadly. Under Texas Family Code § 71.004, family violence means an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault.
The term “family or household member” under Texas Family Code § 71.003 includes spouses and former spouses, parents of the same child regardless of marital status, foster parents and foster children, and individuals who currently live together or have lived together in the past as a couple. Dating partners and former dating partners are also covered under the statute.
In a criminal prosecution, the most common charge arising from a family violence incident is Assault Family Violence under Texas Penal Code § 22.01. To secure a conviction, the State must prove beyond a reasonable doubt that the defendant intentionally, knowingly, or recklessly caused bodily injury to a family or household member, or intentionally or knowingly threatened a family member with imminent bodily injury. The burden of proof rests entirely on the State. You have no obligation to prove innocence.
Levels of Family Violence Charges in Texas
Family violence charges span a wide range of severity depending on the facts, the relationship between the parties, any history of prior convictions, and whether a weapon was involved or breathing was impeded.
Class A Misdemeanor — Assault Family Violence
Under Penal Code § 22.01(a)(1), a first-time assault causing bodily injury to a family member is typically charged as a Class A misdemeanor. Punishment range: up to one year in jail and a fine up to $4,000. Even a misdemeanor conviction carries a lifelong federal firearm prohibition under 18 U.S.C. § 922(g)(9).
Third Degree Felony — Prior Conviction or Impeding Breathing
The charge becomes a third degree felony under § 22.01(b)(2)(B) when the assault involves impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, commonly referred to as a choking charge. It is also elevated to a third degree felony if the defendant has a prior family violence conviction. Punishment range: 2 to 10 years in prison and a fine up to $10,000.
Second Degree Felony — Prior Impeding Breathing Conviction
A choking-type assault with a prior conviction for the same offense can be charged as a second degree felony under § 22.01(b-3). Punishment range: 2 to 20 years in prison.
Continuous Violence Against the Family — Third Degree Felony
Under Texas Penal Code § 25.11, Continuous Violence Against the Family is charged as a third degree felony when a person commits two or more acts of family violence within a 12-month period, regardless of whether either act was previously charged or resulted in an arrest. Punishment range: 2 to 10 years in prison. This offense does not require a prior conviction — only two incidents within the same 12-month window.
Aggravated Assault — First or Second Degree Felony
When a family violence assault causes serious bodily injury or involves a deadly weapon, the charge escalates to Aggravated Assault under § 22.02. If the assault is committed against a family or household member and involves a deadly weapon causing serious bodily injury, it becomes a first degree felony under § 22.02(b)(1)(A), carrying a punishment range of 5 to 99 years or life in prison.
The “Family Violence” Finding and Why It Changes Everything
Even if you receive deferred adjudication probation, meaning you avoid a formal conviction, the court can still enter a “family violence” affirmative finding in the judgment. That finding follows you permanently. It cannot be expunged. It cannot be sealed. And it triggers the federal firearm prohibition under the Lautenberg Amendment regardless of whether the underlying charge was a misdemeanor or felony.
This is one of the most important reasons to fight a family violence charge from the very beginning, rather than accepting a plea without fully understanding the long-term consequences. An attorney who knows how these cases are prosecuted in Fort Bend County can often negotiate outcomes that avoid this finding entirely.
Bond Amounts for Family Violence Charges in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,200 bonds set in Fort Bend County from January through December 2025:
Typical Bond Amounts for Family Violence and Related Charges in Fort Bend County
| Charge | Penal Code | Typical Bond Range | Most Common Bond |
|---|---|---|---|
| Assault Family Member (Bodily Injury) | § 22.01(a)(1) | $2,000 – $10,000 | $2,000 |
| Assault Family Member (Impeding Breathing) | § 22.01(b)(2)(B) | $10,000 – $75,000 | $10,000 |
| Assault Family Member (Prior Conviction) | § 22.01(b)(2)(A) | $10,000 – $75,000 | $30,000 |
| Continuous Violence Against the Family | § 25.11(e) | $5,000 – $75,000 | $20,000 |
| Violation of Protective/Bond Order | § 25.07(g) | $1,000 – $30,000 | $5,000 |
| Violation of Protective Order (2+ Times/12 Months) | § 25.072(e) | $2,500 – $200,000+ | $2,500 |
Bond conditions in family violence cases almost always include a no-contact order and a requirement to vacate a shared residence. An attorney can appear at your bond hearing and argue for reasonable conditions, including modifications to allow continued contact with children when appropriate.
Case Results
Varghese Summersett has handled hundreds of family violence and assault cases across Texas. In one case, a client charged with Assault Family Member/Household Member with a Previous Conviction, a serious third degree felony, had the case dismissed. In another, a client facing Continuous Family Violence had the charge reduced to a Class C Assault by Contact, resolved with a six-month deferred adjudication. In a third matter, a client charged with Continuous Family Violence had the felony rejected by the District Attorney entirely, with the case referred to the County Attorney for a misdemeanor instead.
Past results do not guarantee future outcomes. Each case turns on its own facts, and these results reflect the firm’s commitment to fighting hard at every stage of the process.
Common Defenses in Fort Bend County Family Violence Cases
The strongest defense depends entirely on the facts, but several recurring issues arise in family violence prosecutions throughout Fort Bend County.
The Complaining Witness Wants to Drop Charges
Many people don’t realize that in Texas, the State, not the alleged victim, decides whether to proceed with a prosecution. Once a family violence call is made to law enforcement, the case belongs to the prosecutor. An experienced attorney can work with the complaining witness, present a complete picture to the prosecutor, and argue against proceeding where the complaining witness has recanted or no longer wishes to pursue the case. This does not guarantee dismissal, but it matters significantly to how the case develops.
Self-Defense
Texas law recognizes the right to use force to protect yourself. Under Texas Penal Code § 9.31, a person is justified in using force when they reasonably believe it is immediately necessary to protect against another’s use or attempted use of unlawful force. In mutual altercations, the question of who struck first and who was defending themselves is often genuinely contested. The State must disprove self-defense beyond a reasonable doubt once it is raised at trial.
Lack of Bodily Injury
Bodily injury under Texas law means physical pain, illness, or any impairment of physical condition. While that definition is broader than many people expect, the State must still prove it. Cases that rely solely on a complainant’s statement without medical documentation, photographs, or corroborating witnesses can present real evidentiary challenges for prosecutors.
Recantation and Inconsistent Statements
Statements made during a 911 call are often inconsistent with later accounts. Where a complaining witness has provided different versions of events to law enforcement, in written statements, and in court, credibility becomes a central issue. An experienced family violence defense attorney knows how to identify and effectively use those inconsistencies throughout the case.
Constitutional and Evidentiary Challenges
Evidence gathered in violation of the Fourth or Fifth Amendment can sometimes be suppressed. Statements obtained without a proper Miranda warning, entries into a home without consent or a warrant, and improperly obtained recordings all create grounds for pretrial motions that can weaken or end a prosecution before it reaches trial.
What Happens After a Family Violence Arrest in Fort Bend County
Fort Bend County family violence cases are processed through the Fort Bend County Justice Center at 1422 Eugene Heimann Circle in Richmond. Misdemeanor cases are heard in the County Courts at Law; felonies proceed through one of the district courts. The Fort Bend County District Attorney’s Office maintains a dedicated Family Violence Division that prosecutes these cases aggressively.
After arrest, you will be held in the Fort Bend County Jail pending magistration. A magistrate will set bond conditions and issue an emergency protective order, which typically prohibits contact with the complaining witness for up to 91 days. Violating that order is a separate criminal offense under § 25.07.
If the charge is a misdemeanor, a formal arraignment and setting of court dates in County Court will follow. For felony charges, the case goes to a grand jury, which decides whether to return an indictment. A no-bill from the grand jury ends the prosecution. If indicted, the case proceeds in district court toward either a plea resolution or trial.
Timeline matters in these cases. Prosecutors gather evidence quickly — surveillance footage gets overwritten, witnesses’ memories fade, and 911 call recordings may only be retained for a limited period. Having an attorney working on your case as early as possible can make a meaningful difference in what evidence is preserved and investigated on your behalf.
The Intersection of Family Violence Charges and Civil Protective Orders
A criminal case and a civil protective order proceeding can run simultaneously, and they affect each other in ways people often don’t anticipate. Under Texas Family Code § 81.001, a court shall render a protective order if it finds that family violence has occurred and is likely to occur in the future.
The standard of proof in a civil protective order proceeding is preponderance of the evidence, significantly lower than the beyond-a-reasonable-doubt standard required for criminal conviction. This means a protective order can be granted even when criminal charges are dismissed or a jury returns a not-guilty verdict.
A permanent protective order lasts for two years and can be extended. It creates obligations around residence, contact with children, and firearm possession. Violating a protective order is a criminal offense under § 25.07, which itself carries significant bond amounts in Fort Bend County. Having an attorney who can address both the criminal and civil dimensions of your situation from the beginning is worth the investment.
What to Expect From Varghese Summersett
From the moment you call, you’ll speak with someone who can help. The firm answers 24 hours a day, seven days a week, because arrests don’t happen during business hours and the first few hours after a family violence arrest are among the most consequential.
Our attorneys include former prosecutors who have worked inside the very units that prosecute family violence cases. Letty Martinez served as Chief of the Family Violence Unit before becoming a Board Certified Criminal Law Specialist in defense. Mike Hanson prosecuted cases in Fort Bend County before becoming our Houston-area lead. That depth of experience translates directly into how we evaluate your case, what we look for in the evidence, and how we negotiate with the very office that once employed our attorneys.
You’ll receive honest, direct communication at every stage. We won’t tell you what you want to hear. We’ll tell you what you need to know so you can make informed decisions about your future.
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Texas Family Violence Law: What Changed in 2025
Frequently Asked Questions
Can the charges be dropped if my partner doesn’t want to press charges?
In Texas, the decision to prosecute belongs to the District Attorney’s Office, not the alleged victim. Once a call is made, the State can proceed with or without the complaining witness’s cooperation. However, when a complaining witness recants or declines to cooperate, it significantly affects the State’s ability to prove the case at trial. An attorney can present that context to the prosecutor and advocate strongly for dismissal, though no particular outcome can be guaranteed.
Will a family violence conviction affect my right to own a firearm?
Yes. Under federal law (18 U.S.C. § 922(g)(9)), a conviction for any misdemeanor crime of domestic violence, including a Class A misdemeanor assault family violence, permanently prohibits you from possessing a firearm or ammunition. This applies even if the state charge was only a misdemeanor. It also applies to deferred adjudication if the court enters an affirmative family violence finding. This is one of the most significant collateral consequences of a family violence case and a primary reason to fight the charge from the beginning.
What happens to a family violence charge if I’m in the middle of a divorce or custody case?
A family violence charge can have direct consequences in a family court proceeding. Under Texas Family Code § 153.004, a court shall consider evidence of family violence in determining conservatorship and possession. A finding of family violence creates a rebuttable presumption against awarding joint or sole managing conservatorship to the person who committed the violence. Criminal and family court cases often run on parallel tracks, and what happens in one affects the other. Coordinated representation across both proceedings is important.
What is an Emergency Protective Order and how long does it last?
An Emergency Protective Order (EPO) is issued by a magistrate at the time of a family violence arrest, typically without a hearing. It prohibits the arrested person from communicating with the alleged victim and from going to the victim’s residence or workplace. Under Texas Code of Criminal Procedure Art. 17.292, an EPO lasts between 31 and 91 days. Violating an EPO is a separate Class A misdemeanor, or a third degree felony if the violation involves an assault, stalking, or terroristic threat. An attorney can request modification of an EPO where it causes undue hardship, such as when both parties share parenting responsibilities for minor children.
What is Continuous Violence Against the Family and how is it different from a regular assault charge?
Continuous Violence Against the Family under Penal Code § 25.11 requires the State to prove that you committed two or more acts of family violence within a 12-month period. Neither incident needs to have resulted in a prior arrest or conviction. Prosecutors can use uncharged conduct to build this case based on a pattern of alleged behavior rather than a single documented event. It is charged as a third degree felony, carrying 2 to 10 years in prison, which makes it significantly more serious than a standard Class A misdemeanor assault charge.
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If you or someone you care about is facing a family violence charge in Fort Bend County, time is working against you. The sooner an attorney gets involved, the more options remain available. Reach out to Varghese Summersett at (281) 805-2220 for a confidential consultation, any hour of the day.
