Domestic Violence Lawyers in Austin

💡
Facing domestic violence allegations in Austin requires an immediate legal response to protect your freedom, reputation, and parental access in Travis County. Skilled defense attorneys navigate criminal assault charges, contest civil protective orders, and negotiate bond conditions in local courts. Explore our directory below to consult an experienced Austin domestic violence lawyer today.
Law Office of Jessica Bernstein - Austin, TX - Attorney in Austin

Law Office of Jessica Bernstein - Austin, TX

(0)
820 W 10th St, Austin, Texas
Free Consultation
Specializing in: DWI Defense Drug Crimes Jail Release Assault Defense
Evans Family Law Group - Austin, TX - Attorney in Austin

Evans Family Law Group - Austin, TX

(0)
901 S MoPac Expy, Austin, Texas
Free Consultation
Specializing in: High Net Worth Divorce, Child Custody Trials, Collaborative Law, Family Law Appeals, Complex Property Division
Morales Law Office, Attorneys at Law, PLLC. - Austin, TX - Attorney in Austin

Morales Law Office, Attorneys at Law, PLLC. - Austin, TX

(0)
1305 San Antonio St, Austin, Texas
Free Consultation
Specializing in: Criminal Defense Personal Injury Family Law Jail Release
Texas RioGrande Legal Aid - Austin, TX - Attorney in Austin

Texas RioGrande Legal Aid - Austin, TX

(0)
4920 N Interstate Hwy 35, Austin, Texas
Free Consultation
Specializing in: Legal Aid, Tenant Rights, Domestic Violence, Farmworker Rights, Public Benefits
The Law Office of David Reed - Austin, TX - Attorney in Austin

The Law Office of David Reed - Austin, TX

(0)
608 W 12th St, Austin, Texas
Free Consultation
Specializing in: Criminal Defense, DWI, Drug Charges, Assault, Expunctions, Domestic Violence
Law Office of Leslie J Boykin PC - Austin, TX - Attorney in Austin

Law Office of Leslie J Boykin PC - Austin, TX

(0)
609 W 9th St, Austin, Texas
Free Consultation
Specializing in: DWI Defense, Domestic Violence, Probation Revocation, Drug Possession
Sandoval Family Law, P.C. - Austin, TX - Attorney in Austin

Sandoval Family Law, P.C. - Austin, TX

(0)
611 S Congress Ave, Austin, Texas
Free Consultation
Specializing in: Child Custody, Bilingual Family Law, Protective Orders
Law Office of Zachary Bidner - Austin, TX - Attorney in Austin

Law Office of Zachary Bidner - Austin, TX

(0)
818 W 10th St Ste A, Austin, Texas
Free Consultation
Specializing in: Sexual Assault Defense, Domestic Violence, DWI, Federal Criminal Defense
Eric M. Willie, P.C. Austin Family & Divorce Lawyer - Austin, TX - Attorney in Austin

Eric M. Willie, P.C. Austin Family & Divorce Lawyer - Austin, TX

(0)
3755 S Capital of Texas Hwy #295, Austin, Texas
Free Consultation
Specializing in: Contested Divorce, High Asset Divorce, Stepparent Adoptions, Fathers Rights
Law Office of Bryan Fagan, PLLC - Austin, TX - Attorney in Austin
Law Office of Bryan Fagan, PLLC - Austin, TX

Law Office of Bryan Fagan, PLLC - Austin, TX

(0)
11645 Angus Rd suite a-3, Austin, Texas
Free Consultation
Specializing in: Divorce, Child Custody, Estate Planning, Probate
The Law Office of Ilana R. Tanner, PLLC - Austin, TX - Attorney in Austin

The Law Office of Ilana R. Tanner, PLLC - Austin, TX

(0)
6034 W Courtyard Dr, Austin, Texas
Free Consultation
Specializing in: High-Conflict Custody, CPS Defense, Jury Trials
Law Offices of Blake Fulton Quackenbush - Austin, TX - Attorney in Austin

Law Offices of Blake Fulton Quackenbush - Austin, TX

(0)
2401 E 6th St, Austin, Texas
Free Consultation
Specializing in: Divorce Litigation, Child Custody, Domestic Violence, Civil Litigation, Mediation
Beyer Family Law - Austin, TX - Attorney in Austin

Beyer Family Law - Austin, TX

(0)
3303 Northland Dr UNIT 205, Austin, Texas
Free Consultation
Specializing in: Grandparent Rights, Child Protective Services, Complex Property Issues, Protective Orders
Selesky Law Austin - Austin, TX - Attorney in Austin

Selesky Law Austin - Austin, TX

(0)
1101 S Capital of Texas Hwy, Austin, Texas
Free Consultation
Specializing in: Contested Divorce, Uncontested Divorce, Child Custody, Paternity, Alimony
Kazen Family Law & Divorce Lawyers Austin - Austin, TX - Attorney in Austin

Kazen Family Law & Divorce Lawyers Austin - Austin, TX

(0)
609 W 9th St, Austin, Texas
Free Consultation
Specializing in: High-Net-Worth Divorce, Complex Property Division, Child Custody, Collaborative Law, Paternity

Domestic Violence Proceedings Across Travis County Courts

Domestic violence proceedings in Austin are prosecuted across two distinct judicial venues. Criminal charges alleging assault family violence or continuous family violence are prosecuted at the Blackwell-Thurman Criminal Justice Center, located at 509 West 11th Street in Downtown Austin. Parallel civil protective order proceedings, however, are adjudicated at the Travis County Civil and Family Courts Facility at 1700 Guadalupe Street.

Arrests initiated by the Austin Police Department or the Travis County Sheriff's Office frequently result in the immediate entry of a Magistrate's Order for Emergency Protection (MOEP). These emergency orders enforce strict no-contact directives, prohibit individuals from returning to their residences in neighborhoods such as South Congress, Tarrytown, or North Austin, and temporarily restrict contact with minor children.

Retaining an Austin domestic violence attorney is vital to coordinating defense strategies across both criminal and civil dockets. Counsel works to modify restrictive bond conditions, examine 911 audio recordings and police bodycam footage, and defend against Title 4 protective order applications that carry long-term constitutional consequences.

Legal Fee Structures for Austin Domestic Violence Representation

Case ScenarioFee StructureEstimated Cost (USD)Key Cost Determinants
Misdemeanor Assault Family Violence DefenseFlat Fee$3,000 - $7,500Emergency protective order removal, discovery analysis, pretrial diversion eligibility.
Civil Protective Order Hearing RepresentationFlat Fee or Hourly Retainer$2,500 - $6,000Evidentiary hearing at 1700 Guadalupe St, witness testimony, protective order terms.
Felony Domestic Assault / Impeding BreathTiered Retainer$6,000 - $16,000Grand jury packet submission, medical evidence review, suppression motion hearings.
Continuous Violence Against the FamilyComprehensive Retainer$10,000 - $25,000+Multiple incident documentation, digital forensic extractions, jury trial defense.

Critical Legal Deadlines & Statutes in Texas

Assault causing bodily injury to a family or household member is codified under Tex. Penal Code § 22.01(a)(1) as a Class A misdemeanor, escalating to a third-degree felony under Tex. Penal Code § 22.01(b)(2) if the offense involves impeding the normal breathing or circulation of blood. Committing two or more domestic assaults within a twelve-month period constitutes continuous violence against the family under Tex. Penal Code § 25.11.

Following an arrest, a magistrate may issue an Emergency Protective Order under Tex. Code Crim. Proc. art. 17.292, remaining in effect for 31 to 61 days (or up to 91 days if a deadly weapon was involved). In civil court, a Title 4 protective order application under Tex. Fam. Code § 81.001 and Tex. Fam. Code § 85.001 requires proving that family violence occurred and is likely to occur in the future, typically lasting up to two years pursuant to Tex. Fam. Code § 85.025. Under the Texas Code of Criminal Procedure, the statute of limitations is two years for misdemeanors under Tex. Code Crim. Proc. art. 12.02 and three years for felonies under Tex. Code Crim. Proc. art. 12.01.

Handling Family Violence Allegations Pro Se vs. Retaining Counsel

Travis County Justice of the Peace courts handle Class C infractions up to $20,000 under Tex. Gov't Code § 27.031, but have no authority over assault family violence charges or Title 4 protective orders. Attempting to handle family violence allegations pro se exposes defendants to catastrophic legal consequences.

Self-represented individuals who testify at civil protective order hearings often make unprompted admissions that prosecutors immediately use to secure felony convictions at 509 West 11th Street. Furthermore, an affirmative finding of family violence results in a lifetime firearm prohibition under federal law and severely restricts child custody rights under Tex. Fam. Code § 153.004. An experienced domestic violence defense lawyer asserts self-defense protections, challenges fabricated testimony, and preserves your liberty and constitutional rights.

Red Flags When Hiring an Austin Domestic Violence Lawyer

  • Promising that charges will be dropped immediately if the alleged victim signs an Affidavit of Non-Prosecution, ignoring that Travis County prosecutors routinely proceed without victim consent.
  • Failing to coordinate defense strategy between the criminal court at 509 West 11th Street and the civil protective order court at 1700 Guadalupe Street.
  • Failing to file an immediate motion to modify restrictive Magistrate's Orders for Emergency Protection (MOEP) to restore access to your residence or children.
  • Attorneys who lack routine trial experience before Travis County criminal judges and prosecutors in the domestic violence division.

Frequently Asked Questions

What is a Magistrate's Order for Emergency Protection (MOEP) in Austin?

Issued under Tex. Code Crim. Proc. art. 17.292 upon arrest for assault family violence, an MOEP is a mandatory temporary criminal restraining order prohibiting contact with the alleged victim and barring the defendant from their residence for 31 to 91 days.

Can a domestic violence charge be dismissed if the alleged victim wants to drop it?

In Travis County, only the prosecutor possesses legal authority to dismiss criminal charges. While a victim's Affidavit of Non-Prosecution is valuable defense evidence, the state frequently prosecutes cases using 911 audio, photos, and officer testimony without victim participation.

What is the difference between an MOEP and a civil protective order?

An MOEP is issued by a criminal magistrate automatically upon arrest and lasts up to 91 days. A civil protective order under Tex. Fam. Code § 85.001 is filed in civil family court, requires a formal evidentiary hearing, and can remain in effect for two years or longer.

What happens if you violate a protective order in Texas?

Violating a protective order is a separate criminal offense under Tex. Penal Code § 25.07, punishable as a Class A misdemeanor or third-degree felony, resulting in immediate arrest without bond and potential prison time.

How does a domestic violence finding affect child custody in Texas?

Under Tex. Fam. Code § 153.004, a court cannot appoint parents as joint managing conservators if there is a credible finding of family violence within two years of filing, severely restricting or prohibiting unsupervised access to minor children.

×
Need legal help? I'm here!
Legal AI
Assistant