If you’ve been charged with domestic violence in Fort Bend County, you need an attorney in your corner immediately. A domestic violence charge — even a first-time misdemeanor — can result in jail time, a protective order, loss of your firearm rights, and consequences that follow you for years. The state takes these cases seriously, and so should you.
Why Fort Bend Families Trust Varghese Summersett
Varghese Summersett is one of Texas’s most recognized criminal defense firms, with more than 100 years of combined legal experience handling every type of criminal case in Texas. The firm has achieved over 1,600 dismissals and more than 800 charge reductions for clients across the state.
The firm especially well-suited to defend domestic violence cases in Fort Bend County. Mike Hanson, the firm’s Houston area lead and senior counsel, previously served as an Assistant District Attorney right here in Fort Bend County. He knows how local prosecutors build these cases — and where the weaknesses are. Mike has tried more than 60 cases before a jury and is Board Certified in Juvenile Law by the Texas Board of Legal Specialization.
The firm also has five Board Certified attorneys overall — a distinction held by fewer than 1% of Texas lawyers.
The firm’s attorneys have appeared on CNN, Fox News, and in major Texas publications. Their track record in violent offense and family violence cases is documented and real.
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What People in Fort Bend County Are Asking After an Arrest
A domestic violence arrest raises immediate, urgent questions. Can the alleged victim drop the charges? Will you lose your gun rights? What happens if there’s a protective order? Can this be kept off your record?
These are the right questions to ask — and they have real answers. Texas domestic violence law is strict, and the state can prosecute even when the person who called 911 doesn’t want to press charges. Understanding what you’re facing is the first step toward building a defense.
You may also be concerned about how this charge will affect a custody case, your job, or your immigration status. Those concerns are legitimate. A conviction or even a deferred adjudication can carry lifelong consequences, including a federal ban on firearm possession under the Lautenberg Amendment. This is not a charge to navigate without experienced legal counsel.
How Texas Defines Domestic Violence
Texas law does not use the phrase “domestic violence” as a criminal charge. Instead, prosecutors file charges under Texas Penal Code § 22.01 — the assault statute — and add a “family violence” designation when the alleged victim is a family member, household member, or someone with whom the accused has or had a dating relationship.
The definition of “family violence” comes from the Texas Family Code § 71.004, which defines it as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault. It also includes threats that reasonably place the victim in fear of imminent harm.
To secure a conviction for assault family violence under § 22.01(a)(1), the prosecution must prove each of the following beyond a reasonable doubt:
- The defendant intentionally, knowingly, or recklessly caused bodily injury to another person
- The alleged victim is a family member, household member, or someone in a dating relationship with the defendant as defined by the Texas Family Code
The burden of proof rests entirely on the State. You have no obligation to prove your innocence or testify. The standard — beyond a reasonable doubt — is the highest in the legal system.
Fort Bend County prosecutors may also charge more serious offenses depending on the facts, including felony family violence based on a prior conviction, or assault by impeding breathing or circulation under § 22.01(b)(2)(B) — commonly called a choking charge — which is automatically a third-degree felony regardless of prior criminal history.
Under Texas Penal Code § 25.11, a person who commits two or more acts of family violence against the same person or persons within a 12-month period can be charged with Continuous Violence Against the Family, a third-degree felony, even if no individual act rose to the level of a felony on its own.
Penalties for Domestic Violence in Fort Bend County
The level of the charge determines the range of punishment. Here is how the most common domestic violence charges stack up in Texas:
- Class A Misdemeanor (Assault Family Violence, first offense): Up to 1 year in jail and a fine of up to $4,000
- Third-Degree Felony (prior family violence conviction, or choking): 2 to 10 years in prison and a fine of up to $10,000
- Second-Degree Felony (aggravated assault family violence): 2 to 20 years in prison and a fine of up to $10,000
- Third-Degree Felony (Continuous Violence Against the Family): 2 to 10 years in prison and a fine of up to $10,000
Beyond incarceration and fines, a conviction carries serious collateral consequences. Federal law (18 U.S.C. § 922(g)(9)) permanently bans anyone convicted of a misdemeanor domestic violence offense from possessing firearms. A conviction can also affect custody arrangements, professional licenses, housing applications, and immigration status. Even deferred adjudication — which many people assume is “not a conviction” — carries many of these same consequences.
Typical Bond Amounts for Domestic Violence Charges in Fort Bend County
Based on an analysis Varghese Summersett completed of over 10,241 bonds in Fort Bend County, here is what defendants typically face when seeking release after a domestic violence-related arrest:
| Charge | Typical Bond Range | Most Common Bond |
|---|---|---|
| Assault Family Member (Class A Misd.) | $500 – $20,000+ | $2,000 |
| Assault FAM/HM – Impeding Breath/Circulation (Choking, F3) | $5,000 – $100,000+ | $10,000 |
| Assault Family Member – Prior Conviction (F3) | $5,000 – $100,000+ | $30,000 |
| Aggravated Assault Date/Family/Household W/Weapon (F2) | $10,000 – $250,000+ | $50,000 |
| Continuous Violence Against the Family (F3) | $5,000 – $100,000+ | $20,000 |
| Violation of Bond/Protective Order | $1,000 – $75,000+ | $5,000 |
Bond conditions in domestic violence cases almost always include a no-contact provision with the alleged victim, which can mean being removed from your own home. An attorney can sometimes move for modification of those conditions. Call (281) 805-2220 if you or a loved one needs help securing release.
How Domestic Violence Cases Can Be Defended
A domestic violence charge is not the same thing as a conviction. There are real, proven defenses to these allegations, and an experienced attorney will examine every angle of your case.
Self-defense or defense of another. Texas law recognizes the right to use force to protect yourself or someone else from harm. If you acted to stop an attack against you, that is a complete defense to assault charges.
False accusation. Unfortunately, domestic violence allegations are sometimes made falsely — in the context of a heated argument, a divorce, a custody dispute, or as leverage in a civil matter. Read more about how the firm handles false accusations of domestic violence. Evidence such as text messages, call logs, witness statements, and prior inconsistent conduct by the accuser can all be powerful tools.
Insufficient evidence. The prosecution must prove every element beyond a reasonable doubt. If the only evidence is a 911 call and the alleged victim’s statement — and that statement has inconsistencies, no corroborating injury, or other problems — the case may be weak. A skilled attorney will scrutinize everything.
The alleged victim recants or is uncooperative. Fort Bend County prosecutors can and often do pursue charges even when the alleged victim no longer wants to cooperate. But a recanting witness significantly affects the state’s ability to prove its case. Your attorney can work to ensure that the victim’s change of position is properly documented and considered.
Challenging the choking allegation. An assault-by-impeding-breathing charge requires the state to prove that breathing or circulation was actually impeded — not merely that there was contact with the neck or throat. Medical evidence, or the lack thereof, often plays a central role in these cases. See more on choking charges in Texas.
Constitutional violations. Evidence obtained without a warrant or in violation of your Fourth Amendment rights may be suppressible. Statements made without Miranda warnings may also be excluded.
What Happens After a Domestic Violence Arrest in Fort Bend County
The process moves quickly after an arrest. Here is what to expect.
After booking at the Fort Bend County Jail or a local municipal facility, you will appear before a magistrate for a bond hearing — typically within 24–48 hours. A magistrate’s order of emergency protection is often issued in family violence cases, creating an immediate no-contact order between you and the alleged victim, even if the victim does not want it.
Your case will be filed in a Fort Bend County court. Misdemeanor cases are handled in the County Courts at Law in Richmond; felony cases go to District Courts. Prosecutors with the Fort Bend County District Attorney’s Office review the case and decide how to proceed. Having an attorney involved early — before charges are even filed — can affect the outcome.
From there, your attorney will receive discovery: police reports, 911 call recordings, body camera footage, medical records, and witness statements. The defense team investigates, conducts its own interviews, and identifies weaknesses in the state’s case. From arraignment to resolution, a misdemeanor case may take months; a felony case often takes six months to a year or more. Many cases resolve through plea negotiation; others go to trial.
The Fort Bend County Criminal Justice Center is located at 1422 Eugene Heimann Circle, Richmond, TX 77469.
Real Results in Family Violence Cases
Varghese Summersett has a documented history of favorable outcomes in family violence and assault cases:
In a case involving Assault Family Member with a Previous Conviction — a third-degree felony — Varghese Summersett secured a full dismissal of the charge.
Past results do not guarantee future outcomes. Every case is different and depends on its specific facts and circumstances.
What to Expect From Varghese Summersett
When you call Varghese Summersett, you reach a team that handles domestic violence cases differently than most firms. This is not a practice area where you want an attorney who takes every case to plea. You want someone who understands the full range of outcomes — from dismissal to diversion to trial — and who fights for the best possible resolution from day one.
The firm’s team includes former prosecutors, Board Certified specialists, and attorneys with deep experience in Fort Bend County’s courts. Mike Hanson, who previously prosecuted cases in Fort Bend County as an Assistant District Attorney, brings an insider’s understanding of how local prosecutors think, what evidence they prioritize, and where cases can be challenged.
You will receive honest guidance about your options, aggressive advocacy on your behalf, and a legal team that is reachable when you have questions. We handle criminal cases across Fort Bend County and the greater Houston area, with resources to take cases all the way to jury trial when that is what your defense requires.
Speak with a Fort Bend criminal defense attorney about your case. Call (281) 805-2220 — available 24 hours a day, seven days a week.
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Texas Family Violence Law: What’s Changed
Texas updated its family violence statutes in 2025. Watch our attorney explain what House Bill 2492 means for people facing domestic violence charges in Texas today.
Fort Bend County Domestic Violence: Frequently Asked Questions
Can the alleged victim drop domestic violence charges in Fort Bend County?
The alleged victim does not control whether charges are filed or dropped — the Fort Bend County District Attorney’s office does. Prosecutors in Texas can and do pursue cases even when the alleged victim recants or refuses to cooperate. That said, a victim who recants or declines to testify significantly affects the strength of the state’s evidence, and an attorney can work to ensure that change in position is documented and presented effectively.
Will I lose my right to own a firearm if convicted?
Yes. Under federal law, anyone convicted of a misdemeanor crime of domestic violence — including a Class A misdemeanor assault family violence — is permanently prohibited from possessing firearms or ammunition. This applies even to deferred adjudication in some circumstances. This is one of the most serious collateral consequences of a domestic violence case and a key reason to fight the charge aggressively.
What is a Magistrate’s Order of Emergency Protection, and how long does it last?
A Magistrate’s Order of Emergency Protection is a protective order issued automatically by a magistrate after a family violence arrest, often without any request from the alleged victim. It typically prohibits the accused from contacting the alleged victim and may require them to vacate the shared home. In Fort Bend County, a MOEP typically lasts 31 to 61 days, and up to 91 days if a deadly weapon was involved. Violating a MOEP is a separate criminal offense. An attorney can in some cases seek modification of these conditions.
What is the difference between a misdemeanor and a felony domestic violence charge?
A first-time assault family violence charge with no prior history is typically a Class A misdemeanor, punishable by up to one year in jail. The charge becomes a felony — a third-degree felony — if the accused has a prior family violence conviction, if the assault involved choking or strangulation, or if a Continuous Violence Against the Family charge is filed. Aggravated assault involving a deadly weapon or serious bodily injury can reach the second-degree felony level.
How will a domestic violence charge affect my child custody case?
A family violence finding or conviction can significantly affect custody arrangements. Texas courts are required to consider a history of domestic violence when determining conservatorship and possession orders. A criminal charge and a family law case can intersect in serious ways, and protecting your rights in the criminal case often has direct implications for your ability to maintain access to your children. An attorney who understands both arenas is essential.
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Speak With a Fort Bend Domestic Violence Defense Attorney Today
A domestic violence charge in Fort Bend County is serious — but it is not hopeless. The right attorney, retained early, can make a meaningful difference in how your case resolves. Varghese Summersett has the experience, the resources, and the team to defend you at every stage of the process.
Call (281) 805-2220 any time — day or night — for a free consultation with a Fort Bend County criminal defense lawyer. You can also reach the firm through the Fort Bend Criminal Defense page or by visiting our Houston-area office.
