What Separates Domestic Assault From Assault?

 Posted on April 17, 2025 in Uncategorized

 Assault and domestic assault may not seem too different from each other at first glance. But the more you look into domestic assault, the more it becomes apparent that it comes with a whole separate set of consequences. If you have been accused of domestic assault, a Texas criminal defense lawyer can help contest the charge in court.

At Godwin Law Firm, PLLC, we understand how serious the consequences of a domestic assault conviction can be. Our criminal law attorney can protect you with zealous advocacy, fighting for an ideal outcome on your behalf.

What Is a Finding of Family Violence?

If you are convicted of domestic assault, the court will make a special note in your record known as a finding of family violence.  This can show up on background checks, possibly restricting your job opportunities. A finding of family violence may also adversely affect you regarding alimony, property division, child custody, and other family law disputes.

Once you have a finding of family violence on your record, you may face additional penalties for any future acts of domestic assault. For instance, a subsequent charge of family violence may be charged as a third-degree felony, or a second-degree felony if it involves strangulation. In Texas, second-degree felonies are punishable by up to 20 years in prison, so having strong legal representation to support you is critical.

Potential for Protective Order

If you have been accused of domestic assault, you could be subject to a protective order. This is not different from a restraining order, which can be filed against anyone regardless of their relation to the victim. As part of an order, you may be barred from contacting your accuser or approaching anyone else protected in the order.

Additionally, if the judge finds it necessary, you could be ordered to leave your home if you share your residence with your accuser. If you are accused of violating a protective order, you could face criminal penalties, including the threat of jail time.

Loss of Firearm Rights

One of the most severe penalties for a domestic assault conviction is the loss of your right to own a firearm. This same penalty does not apply to a regular assault conviction. Specifically, you will be barred from owning a firearm until at least five years have passed since your release from prison or community supervision resulting from the domestic assault conviction.

Meet With a Decatur, TX Domestic Violence Defense Attorney Today

A conviction of domestic assault in Texas can do more damage than you think. At Godwin Law Firm, PLLC, our Wise County, TX criminal defense lawyer is ready to protect your rights against allegations of family violence. Call our offices at 940-255-0000 to schedule a free consultation.