Arrested for family violence?A former police officer fighting for your rights.
A domestic violence arrest in Texas can happen fast — often based on one person’s statement during a heated moment. But the consequences last a lifetime. Don’t let one accusation define your future. Flat-fee representation in Harris, Montgomery, and Galveston Counties.
One accusation. Lifetime consequences.
Under Texas Penal Code § 22.01(b)(2), a family violence assault conviction — even a first-time misdemeanor — means up to one year in county jail and a $4,000 fine. But the jail time and fine are the least of it. A family violence conviction creates a permanent criminal record that cannot be expunged.
You will lose your right to possess firearms under federal law. Any future family violence accusation becomes a third-degree felony punishable by 2 to 10 years in prison. Custody, employment, housing, and immigration status can all be affected. If you have been arrested or charged with domestic violence in Harris, Montgomery, or Galveston County, you need a defense attorney who understands how these cases are investigated — and how to fight them.
Why this is different from any other assault charge.
A family violence conviction triggers consequences that no other misdemeanor produces. These follow you for the rest of your life.
No Expunction Available
A family violence conviction creates a permanent criminal record that cannot be expunged or sealed in Texas. Standard expunction relief is unavailable for these convictions.
Federal Firearms Prohibition
Under the federal Lautenberg Amendment, a conviction for misdemeanor crime of domestic violence permanently prohibits firearm possession nationwide — even if the Texas case was a misdemeanor.
Automatic Felony Enhancement
Any future family violence accusation against you becomes a third-degree felony automatically, punishable by 2 to 10 years in prison — regardless of the severity of the new alleged conduct.
What counts as “family violence” in Texas.
Texas Penal Code § 22.01 defines assault, and Family Code § 71.004 defines family violence broadly — as physical harm or the threat of physical harm against a family member, household member, or current or former dating partner.
That means charges can arise from incidents involving spouses, ex-spouses, parents, children, roommates, or anyone you have been in a romantic relationship with. Even grabbing someone’s arm or pushing someone during an argument can result in an arrest and criminal charges.
How domestic violence cases are actually defended.
Many domestic violence arrests happen in chaotic, emotionally charged situations where evidence is thin or the story is one-sided. These are the defenses that win cases.
Self-Defense
Under Texas Penal Code § 9.31, you had the legal right to protect yourself from harm. Self-defense applies in domestic situations just as it does anywhere else — force used to defend yourself against an attack is not assault.
False Accusation
The accuser fabricated or exaggerated the allegation, often during a custody dispute or divorce. False accusations are a known weapon in family court proceedings — and they sometimes lead to criminal charges that do not survive scrutiny.
Lack of Evidence
The State cannot prove beyond a reasonable doubt that an assault occurred. No injuries documented, no independent witnesses, no contemporaneous statements — just one person’s account against another’s.
No Bodily Injury
The alleged conduct does not meet the legal definition of assault. Not every shove, grab, or angry contact rises to the level of “bodily injury” required under the statute.
Witness Credibility
The accuser’s account is inconsistent, contradicted by other evidence, or motivated by revenge. Cross-examination exposes contradictions between the initial 911 call, the on-scene statement, the protective order affidavit, and trial testimony.
Affidavit of Non-Prosecution
When the alleged victim wishes to drop charges, an affidavit of non-prosecution can be presented to the DA. Note: the State, not the victim, decides whether to prosecute — but an AONP affects that decision substantially.
Emergency Protective Orders (EPO) — what to expect.
After a domestic violence arrest, the court may issue an Emergency Protective Order (EPO) under Tex. Code Crim. Proc. art. 17.292 that immediately restricts your movements and contact. EPOs typically last 31 to 91 days and impose serious restrictions:
Violating a protective order is a separate criminal offense under Tex. Penal Code § 25.07 — even a phone call asking to come home and apologize can result in additional charges. KVM Law Firm helps you understand the exact terms of any EPO, fights to have unreasonable restrictions modified or lifted, and represents you at the EPO hearing where applicable.
A former officer who has responded to these calls.
Attorney Kenneth V. Mitchell has personally responded to domestic disturbance calls as a law enforcement officer. He knows how officers decide who to arrest, how they write their reports, and where they take shortcuts under the pressure of a chaotic on-scene assessment.
That inside knowledge is your advantage. KVM Law Firm challenges the probable cause for the arrest, identifies weaknesses in the police report, interviews witnesses the police ignored, and builds the strongest possible defense. Domestic violence cases are about evidence — not narratives. We build cases around what the evidence actually shows.
No hourly billing. No surprise invoices.
You are already dealing with enough stress — an EPO restricting where you can go, family members caught in the middle, employment uncertainty. The last thing you need is a meter running every time you call your lawyer.
At KVM Law Firm, all domestic violence defense matters are handled on a flat-fee basis. You know what your defense costs from day one — no surprise bills, no hourly charges, no ambiguity. Criminal defense matters handled in Harris, Montgomery, and Galveston Counties.
Domestic violence defense across the greater Houston area.
Harris County
Houston, Pasadena, Baytown, Katy, Cypress, Spring, Pearland, and surrounding communities.
Montgomery County
Conroe, The Woodlands, Spring, Willis, and surrounding areas.
Galveston County
Galveston, League City, Texas City, Friendswood, and surrounding Gulf coast areas.
Arrested for family violence? Don’t wait.
Free, confidential case review. Kenneth reviews every inquiry personally. The decisions you make in the next few days can determine whether this stays with you for life.