I am William Patrick Delgado, a criminal defense attorney in Corpus Christi. I defend people charged with assault and family violence in Nueces County, and I spent seven years as a Nueces County Assistant District Attorney before I moved to the defense side of the courtroom. On this page I explain, in plain terms, what a Texas assault charge means, what a family-violence finding can cost you beyond the criminal case, and what actually happens at the first setting.
What Texas law says assault is
Under Texas Penal Code §22.01, a person commits assault if the person:
- Intentionally, knowingly, or recklessly causes bodily injury to another person — a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $4,000; or
- Intentionally or knowingly threatens another with imminent bodily injury, or causes physical contact the person knows or should reasonably believe the other will regard as offensive or provocative — a Class C misdemeanor, punishable by a fine of up to $500.
"Bodily injury" in Texas is a low bar: it means physical pain, illness, or any impairment of physical condition. A red mark, a complaint of pain, or a torn shirt combined with a push can be enough for the State to file. There does not have to be a visible injury, a hospital visit, or a weapon.
What changes when it is "family violence"
Texas law treats assault differently when the alleged victim is a family member, a household member, or a current or former dating partner. Under Texas Family Code §71.004, "family violence" includes an act by a family or household member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the other in fear of imminent physical harm, bodily injury, assault, or sexual assault.
An assault against a family member, household member, or dating partner is still charged under Penal Code §22.01, but the consequences are heavier in three ways:
- Prior conviction. Assault against a family member, household member, or dating partner is a third-degree felony — 2 to 10 years in prison and a fine of up to $10,000 — if the person has a prior conviction for assault involving family violence.
- Strangulation. Assault by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of another by applying pressure to the person's throat or neck or by blocking the person's nose or mouth is a third-degree felony under Penal Code §22.01(b)(2)(B), even on a first offense.
- The family-violence finding. A conviction — or even a deferred adjudication in some contexts — can carry an affirmative finding of family violence. That finding follows you: it affects future charges, it can be used to enhance later cases, it can affect child custody proceedings, and it can affect your right to possess a firearm under both Texas and federal law.
This is why the first conversation about a family-violence case is about more than the immediate charge. A plea that looks quick can carry a finding that changes your life for years.
Protective orders, emergency protective orders, and bond conditions — three different things
People confuse these constantly, and the confusion is dangerous, because violating any of them is itself a crime.
- Emergency protective order (EPO). Under Texas Code of Criminal Procedure art. 17.292, after an arrest for family violence, stalking, sexual assault, or trafficking, a magistrate can issue an emergency protective order on the State's request, often without the accused being present. It typically lasts 31 to 91 days and can order you to stay away from the protected person, their home, their workplace, and their children's school, and to surrender firearms.
- Protective order. Under Texas Family Code Chapter 85, a court can issue a protective order after a hearing, lasting up to 2 years (longer in some cases). Violating a protective order is a separate offense under Penal Code §25.07 — a Class A misdemeanor for a first violation, a third-degree felony if the person has prior violations or commits an assault while violating it.
- Bond conditions. Separate from any order, the judge setting your bond can impose conditions: no contact with the alleged victim, no going to a shared address, GPS monitoring, or no possession of firearms. Violating a bond condition can get your bond revoked and you put back in jail while the case is pending.
A critical point: the protected person cannot give you permission to violate an order or a bond condition. A text saying "it's okay, come home" does not make it legal. Only the court can change or lift the order or the condition.
"The victim wants to drop the charges"
I hear this in almost every family-violence case, and I understand why it feels like it should end the matter. It does not. In Texas, criminal cases are brought by the State, not by the alleged victim. The person who called the police is a witness, not a party, and the decision to proceed, dismiss, or reduce belongs to the prosecutor.
That said, an alleged victim's wishes are not irrelevant. Prosecutors do listen, and a complainant who does not want to proceed, who recants, or who refuses to cooperate changes the practical strength of the State's case. An attorney's job here is to make sure the prosecutor hears the full picture — including the complainant's position, presented properly — while protecting the accused from saying or doing anything that makes the case worse. Never contact the alleged victim to pressure them about the case; that contact itself can become a new charge.
What happens at the first setting
A family-violence case in Nueces County moves through the same stages as other criminal cases, with a few features of its own:
- Magistration and bond. After arrest, you go before a magistrate, who sets bond and usually imposes conditions — often no contact and no return to the shared home. If you cannot make bond, you stay in jail until the bond is changed or the case resolves.
- The protective-order hearing. If an EPO was issued, it has an expiration date. If a longer protective order is sought, there will be a hearing where both sides can present evidence. This hearing happens on its own track and can affect the criminal case.
- Arraignment and announcement. You are formally told the charge, and the case is set for further proceedings. Your attorney will have requested discovery — the police reports, any recordings, body camera video, and 911 calls.
- Negotiation or trial. Many family-violence cases are resolved by negotiation: dismissal, reduction to a lesser charge, deferred adjudication, or a plea. Others go to trial, where the State must prove the assault beyond a reasonable doubt. The evidence in these cases is often thin — a single witness, no physical evidence, conflicting accounts — and that is exactly why the details matter: who called 911, what was said on the recording, what the officers saw when they arrived, whether anyone was actually injured.
I have handled these cases from both sides of the courtroom in this county — seven years prosecuting in the Nueces County District Attorney's Office, and since then defending people as a founding partner of my own firms and, since February 2024, in my solo practice. I know how family-violence cases are charged, negotiated, and tried here, because I have done the charging and the negotiating myself.
Frequently asked questions
Can the person who called the police drop a family-violence charge in Texas?
No — not by themselves. The State brings the case, and only the prosecutor can dismiss it. The alleged victim's wishes do matter to prosecutors in practice, and an attorney can make sure those wishes are heard properly, but there is no form the victim signs that automatically ends the case.
If there is a no-contact order, can the other person invite me back home?
No. Only the court can change or lift an order or a bond condition. Contact in violation of an order can be charged as a new offense even if the other person initiated it or said it was fine. If circumstances change, the way to fix it is through the court.
What is the difference between a protective order and a bond condition?
A protective order is a court order under the Family Code (or an emergency order under the Code of Criminal Procedure) that lasts for a set period and carries its own criminal penalty for violation. A bond condition is a condition of your release while the criminal case is pending; violating it can get your bond revoked. You can be subject to both at the same time, and they are enforced separately.
Is assault on a family member a felony on the first offense?
Usually it is a Class A misdemeanor, unless the assault involved impeding breathing or circulation (strangulation), which is a third-degree felony on a first offense, or the person has a prior family-violence assault conviction, which also makes it a third-degree felony.
Will a family-violence charge affect child custody?
It can. Texas courts consider family violence in custody decisions, and a conviction or a family-violence finding can weigh heavily against the person found to have committed it. This is one reason the outcome of the criminal case matters beyond the criminal penalties.
Should I talk to the police or the detective about what happened?
Talk to a lawyer first. In family-violence cases, both people often give statements, and the first version of events — given while stressed, tired, or angry — becomes the report the whole case is built on. Anything you say can be used in the case, and "explaining your side" without counsel rarely helps as much as people hope.
Talk to me about your assault or family-violence case
Consultations are free. We can meet by phone, by video, or in person at my Corpus Christi office. If you are under a no-contact order or bond condition, do not wait to get advice — violating one by accident is one of the most common ways a bad situation gets worse.
William Patrick Delgado, Attorney at Law — Nueces County criminal defense
Last reviewed: November 13, 2026
This page is general information about Texas law, not legal advice about your specific case. Every case turns on its own facts; talk to an attorney about yours.