Accused of Assaulting a Spouse, Partner, or Household Member in Texas? What You Need to Know Right Now
Being accused of assaulting a spouse or partner can flip your entire life upside down—sometimes in a matter of hours. It doesn’t take a formal conviction to face real consequences. In fact, if you’re reading this after an arrest or emergency protective order, you’ve probably already lost access to your home, your children, or your ability to carry a firearm.
At Christian, Nisbet & Casillas, we’ve helped clients navigate this exact situation. We know how fast things move, how overwhelming it feels, and how critical it is to have the right legal team from the very beginning.
In this article, we’ll walk you through exactly what happens after an accusation, what legal changes in Texas have made it even harder for the accused, and what steps you can take now to protect yourself.
What Legally Counts as “Assault” in a Domestic Relationship?
Texas Penal Code §22.01 defines assault broadly. You don’t need to leave visible marks or cause serious injury to be arrested and charged. In fact, simply “intentionally or knowingly threatening another with imminent bodily injury” can be enough.
Here’s what commonly leads to a family violence assault charge:
Slapping, pushing, or grabbing during an argument
Throwing an object, even if it misses
Yelling or threatening language that someone perceives as dangerous
Attempting to block someone’s movement or control their phone or keys
Allegations of being physically intimidating during a verbal argument
If you live with the person, are romantically involved, or related by blood or marriage, it’s classified as “family violence.” Even if it’s a one-time disagreement, the charge carries the same legal weight as ongoing abuse.
And once police are involved, someone is almost always arrested.
Immediate Legal Consequences—Before You’ve Said a Word in Court
In Texas, family violence arrests trigger fast-moving legal actions. Within 24 to 48 hours, here’s what you could be facing:
1. Emergency Protective Orders
Judges almost always issue a Magistrate’s Order of Emergency Protection (MOEP) at the magistrate hearing. This order can:
Ban you from returning to your home
Prohibit contact with the alleged victim (including by phone or text)
Block you from seeing your children
Require you to surrender your firearms immediately
These orders last up to 91 days and are enforceable statewide.
2. Bond Conditions and GPS Monitoring
New Texas legislation—specifically HB 36 (2025)—gives judges broad power to impose GPS ankle monitors and designate “exclusion zones” (areas you cannot enter, such as the accuser’s residence or workplace).
Even if the facts are unclear or the alleged victim doesn’t want to press charges, the judge can still impose these restrictions based on the prosecutor’s recommendations or your prior history.
New Laws You Need to Be Aware Of
Several legal changes in the past two years have made defending against family violence charges even more urgent:
HB 1432 (Effective September 2023)
This law changed the criteria for long-term protective orders. Courts no longer have to believe that future violence is likely—they can issue orders based solely on past incidents. Even a single allegation can trigger a protective order that lasts up to two years, or longer in some cases.
HB 36 (Passed 2025)
This legislation allows GPS monitoring for people accused of family violence, even before trial. The court can assign a tracking device and set geographic restrictions. Violating those restrictions can land you back in jail—even if your underlying charge is still pending.
HB 1824 (Pending as of mid-2025)
Known as the Sharon Radebaugh Domestic Violence Protection Act, this bill would require GPS tracking for “high-risk” offenders based on past charges, threats, or firearm use. If passed, this law would further tighten pretrial conditions for the accused, potentially including mandatory daily reporting or active supervision.
What to Do If You’ve Been Accused
The first 72 hours after an accusation are critical. While it may feel like the system is moving against you—and in many ways, it is—you do have rights, and you can begin mounting a strong defense immediately.
Here’s what we recommend:
1. Do Not Contact the Alleged Victim
Even if the accusation was based on a misunderstanding, any form of contact—text, call, social media message—can be interpreted as a violation of protective orders or bond terms. Let your attorney handle all communication.
2. Preserve Evidence
Save all text messages, call logs, emails, and voicemails. If there were witnesses present during the alleged incident, get their names and contact information. Security camera footage or home surveillance can be extremely valuable, especially in cases of false or exaggerated claims.
3. Hire a Defense Attorney Immediately
Do not wait until your first court date. A seasoned defense lawyer can:
Challenge the protective order
Request a bond reduction or modification
Begin investigating the case for inconsistencies
Collect and preserve defense evidence that could be lost
At Christian, Nisbet & Casillas, we’ve successfully helped clients dismiss or reduce family violence charges, especially when the incident involved mutual conflict, no injuries, or was later recanted.
What Happens If You’re Convicted?
A conviction for assault causing bodily injury to a family member is a Class A misdemeanor, punishable by:
Up to 1 year in jail
Up to $4,000 in fines
A permanent criminal record
Loss of your right to possess firearms
If the charge involves choking, suffocation, or you’ve been previously convicted, it can be elevated to a third-degree felony, carrying 2–10 years in prison.
Even if you qualify for deferred adjudication (a form of probation), the charge can still show up in background checks, affect your immigration status, and limit your custody or visitation rights.
Final Thoughts
If you’ve been accused of assaulting your spouse, partner, or someone you live with, the system moves quickly—and not always fairly. Between emergency orders, new legislation, and a presumption of guilt in many courtrooms, you need a defense attorney who will act fast, fight hard, and make sure your side of the story is heard.
At Christian, Nisbet & Casillas, we treat every case with the urgency and respect it deserves. We understand how easily a moment can be misinterpreted—or weaponized—and we’re here to help you take control of your case before it takes control of your life.
When your freedom, your name, and your future are on the line… we’re that call.
