It starts as an argument in a townhome off Legacy Drive. Voices carry through a shared wall, and a neighbor calls 911. Two Plano officers arrive, separate you and your partner, and talk to your partner first.
Your partner is upset and has a red mark on one arm. You try to explain, but the officers have already heard one version. Within the hour you are in handcuffs, charged with assault family violence.
By the next day you have seen a magistrate, posted bond, and received an emergency protective order. It may bar you from going home, contacting your partner, or having a gun. You have not been convicted of anything. But your life has already changed.
This page explains what comes next in a Plano family violence case, and what you can do now.
Al Rowland is a former police officer and a former prosecutor in Colorado. He has defended people in Collin County courts since 2015. He reads a police report the way the officer who wrote it was trained to write it, and he knows what an officer can and cannot see in the first ten minutes of a call.
Al is a member of the Texas Criminal Defense Lawyers Association, the Collin County Criminal Defense Lawyers Association, and the National Association of Criminal Defense Lawyers.
Texas uses the term “family violence,” not “domestic violence.” Under Texas Family Code § 71.004, it includes an act by a family or household member meant to cause physical harm or assault, or a threat that causes reasonable fear of imminent harm. It also includes dating violence. Defensive measures to protect yourself are not family violence.
The relationship matters. It covers spouses and ex-spouses, people who share a child, relatives, people who live or lived together, and current or former dating partners.
Most Plano family violence arrests are charged as assault under Texas Penal Code § 22.01. The level depends on what is alleged and on your record. See our assault and domestic violence pages for more.
| Allegation | Statute | Level | Range |
|---|---|---|---|
| Offensive contact or threat, no injury | § 22.01(a)(2)–(3), (c) | Class C misdemeanor | Fine only |
| Bodily injury | § 22.01(a)(1), (b) | Class A misdemeanor | Up to 1 year in jail and a $4,000 fine (§ 12.21) |
| Bodily injury with a prior family violence conviction or deferred adjudication | § 22.01(b)(2)(A), (f) | Third-degree felony | 2–10 years in prison and a $10,000 fine (§ 12.34) |
| Impeding breathing or circulation (“choking”) | § 22.01(b)(2)(B) | Third-degree felony | 2–10 years and a $10,000 fine |
| Impeding breathing, with a prior family violence conviction | § 22.01(b-3) | Second-degree felony | 2–20 years and a $10,000 fine (§ 12.33) |
| Two or more family violence assaults within 12 months | § 25.11 | Third-degree felony | 2–10 years and a $10,000 fine |
| Violating a protective order or bond condition | § 25.07 | Class A misdemeanor; third-degree felony with two prior convictions or if the violation is an assault or stalking | Varies |
One point surprises many people. Under § 22.01(f), a deferred adjudication for family violence counts as a prior conviction if you are ever charged again. A plea that keeps a conviction off your record today can still turn a future misdemeanor into a felony.
After a family violence arrest, a magistrate may issue an emergency protective order under Texas Code of Criminal Procedure art. 17.292. The order is mandatory if the offense involved serious bodily injury or the use or display of a deadly weapon.
The order can bar you from:
The magistrate must also suspend any license to carry a handgun. For orders issued since September 1, 2025, the order lasts 61 to 91 days, or 91 to 121 days in deadly-weapon cases. Your bond may have its own no-contact conditions on top of the order.
The order stays in force even if the other person invites you back. Only the court can change it, and only after notice and a hearing. Breaking it is a separate crime under Penal Code § 25.07. Read more in our post on protective orders in Texas.
Plano family violence cases are prosecuted by the Collin County District Attorney’s Office.
You can learn more on our Collin County page.
Family violence calls move fast. Officers arrive to a tense scene and often decide within minutes. A careful defense looks at:
Al has been the officer writing the report. That experience helps him see what a report leaves out.
No. In Texas, the State brings the case, not the alleged victim. Your partner can tell prosecutors what they want, and that can matter. But the decision to dismiss belongs to the prosecutor and the court. Sometimes a complaining witness decides, on their own, to sign an affidavit of non-prosecution. Combined with a class or counseling, that can sometimes help lead to a dismissal, but not always. Never ask for an affidavit or pass messages about one; that can lead to a witness tampering charge.
Not while a protective order or bond condition says otherwise. The order stays in force even if the protected person invites you back. Only the court can change it. A lawyer can ask the court to modify an order or bond condition.
It can, right away. An emergency protective order can bar you from possessing a firearm while it lasts. A conviction can bring a Texas ban under Penal Code § 46.04(b) and a federal ban under 18 U.S.C. § 922(g)(9).
It depends on how the case ends. A dismissal may qualify for expunction. Texas bars orders of nondisclosure for offenses involving family violence or with a family violence finding. See our expunction and nondisclosure page.
It avoids a final conviction if you complete it. But under Penal Code § 22.01(f), it counts as a prior conviction if you are charged with family violence again. Talk through that trade-off with a lawyer before you accept any plea.
No. Pretrial diversion is not available for assault family violence charges. The realistic options depend on the evidence, your history, and the complaining witness’s wishes, which is why the defense work starts early.
The weeks right after an arrest are when evidence is easiest to gather and when a protective order shapes your daily life. Call the Law Office of Al Rowland, PLLC at (469) 895-6555 or request a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034
Related pages: Domestic violence defense · Plano DWI defense · Continuous violence against the family
This page provides general information, not legal advice. Every case depends on its own facts.
