What You Need to Know About Assault Family Violence Charges in Collin/Dallas Counties

By Bo Kalabus
24-hour Jail Release: 214-402-4364

What is Family Violence?

Family violence as defined under the family code is “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, but does not include defensive measures to protect oneself.” Tex. Fam. Code § 71.004.

Why do I need a lawyer for my AFV case?

An affirmative finding of family violence (AFV) on your record will drastically change your life. This type of case should be taken seriously and defended aggressively considering the impact of a negative outcome can be incredibly far-reaching.

Why am I playing with fire if I represent myself?

In a criminal case, the AFV will be used as tool by the State to enhance an assault charge. Taking an AFV on your record will cut your rights as a U.S. citizen cut in half.

Also, you can never seal your criminal record even if you successfully complete deferred adjudication probation on a case involving family violence. The prosecutor won’t share this piece of information with you if you are representing yourself.

I still don’t understand….what are the consequences of an AFV conviction?

  • You can never be named as the “managing conservator” of a child in any divorce action or action requiring the placement of a child.
  • You can never adopt a child under Texas law.
  • You can never posses or transport a firearm or ammunition under federal law.
  • Moreover, if you have been convicted of AFV, if, at any time in the future you are charged with an assault against a family member or a member of your household or a person who qualifies under Texas law as a person with whom you have a “dating relationship”, that assault can be filed as a third degree felony offense regardless of the degree of physical injury.

Will the case go away if the victim does not want to press charges?

No, the State of Texas will still go forward with the case even if the victim does not. The State will subpoena a reluctant victim to trial to testify and any other witnesses to alleged assault.

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