Family Violence Lawyer in San Antonio, TX
A family violence arrest in San Antonio can cost you your freedom, your children, and your right to carry a firearm — sometimes all at once. Attorney Genaro R. Cortez has defended clients against assault and family violence charges in Bexar County for over 20 years. If police arrested you for an assault crime in San Antonio, call our office today. We are ready to fight for you.
Not a Family Violence Case?
If the alleged victim is a stranger, neighbor, coworker, or someone you don’t have a relationship with, your case falls under general assault law — not family violence. The charges and consequences are different. Call 210-733-7575 or see our guide below.
Read: Assault and Battery Defense in Texas →What Is Family Violence Under Texas Law?
Family violence in Texas covers all assault crimes committed between family members or members of a household. Under Tex. Fam. Code Sec. 71.004, an act constitutes family violence when one member of a family or household acts against another with the intent to cause:
- Physical harm
- Bodily injury
- Assault
- Sexual assault
Texas law also covers dating violence under Tex. Fam. Code Sec. 71.0021. Dating violence involves the same conduct listed above, but the relationship is romantic rather than familial. Regardless of whether the relationship is family or dating, prosecutors in San Antonio treat both types of cases seriously.
Does Self-Defense Apply to Family Violence Cases in Texas?
Yes. Texas law gives everyone the right to defend themselves from assault — including assault by a family member or dating partner. In fact, the Texas Family Code specifically states that family violence does not include defensive measures to protect oneself.
Self-defense is one of the most common issues we see in Assault-FV cases. For example, a client may have pushed the other person away to stop an ongoing attack or to escape the situation — not to cause harm. This is a fact-specific defense, and the outcome depends heavily on the details of your case. Contact our San Antonio family violence defense attorney to discuss how self-defense may apply to your situation.
What Constitutes Assault Under Texas Law?
Tex. Penal Code Sec. 22.01 defines assault as any of the following acts committed with criminal intent:
- Causing bodily injury to another person
- Threatening another person with imminent bodily injury
- Making physical contact with another person in an offensive or provocative way
These elements apply to both regular assault cases and family violence cases. The critical distinction is the relationship between the parties. When the victim is a family member or dating partner, Texas law imposes additional consequences — including loss of child custody rights and loss of the right to own a firearm.
Penalties for Assault–Family Violence in San Antonio, Texas
| Assault Type | Class | Jail Time | Fine Amount |
| Offensive Contact. | Class C | – | Up to $500.00. |
| First Offense. | Class A | 0-1 year in Bexar County jail. | Up to $4,000.00. |
| Choking. | 3rd Degree | 2-10 years in TDC. | Up to $10,000.00. |
| Second Offense. | 3rd Degree. | 2-10 years in TDC. | Up to $10,000.00. |
These penalties apply across Bexar County, including San Antonio. A conviction can affect your employment, housing, immigration status, and custody rights long after you serve any sentence.
Charged with assault in Bexar County? Call (210) 733-7575 — Attorney Cortez offers free consultations.
Can You Get Probation for a First-Time Family Violence Charge in Texas?
Yes. Probation is available for first-time assault convictions in Texas. In some cases, we can negotiate with the prosecutor to reduce or dismiss the charges entirely — depending on the facts of your case and the prosecutor’s discretion. However, if you violate probation conditions, the State can file a Motion to Revoke (MTR) and ask a judge to send you to jail. This is why having an experienced San Antonio family violence attorney in your corner from the start makes a significant difference.
Is It a Crime to Prevent Someone from Calling 911 in Texas?
Yes. Under Tex. Penal Code Sec. 42.062, stopping another person from calling 911 for emergency help is a criminal offense. Police frequently file this charge alongside Assault-FV charges. It applies when one party in a domestic dispute calls — or attempts to call — 911, and the other person physically stops or tries to stop that call.
Interfering with a 911 call is a Class A misdemeanor, carrying:
- Up to 1 year in Bexar County Jail
- A fine of up to $4,000
Repeat offenders face enhanced penalties, including possible felony charges.
Is it a crime to violate a protective order in Texas?
Yes. Texas courts take protective order violations seriously. Under Tex. Penal Code Sec. 25.07, intentionally or knowingly violating a protective order is a criminal offense. Prohibited conduct includes:
- Assaulting anyone protected by the order
- Contacting a protected person in a threatening or harassing manner
- Communicating with a protected person when the order prohibits all contact
- Going to a protected person’s home, workplace, or school
- Possessing a firearm
- Harming or stealing a protected person’s pet
- Tampering with a GPS monitoring device
- Placing a tracking device (Apple AirTag, Android tracker, etc.) in a protected person’s belongings or vehicle
- Following or surveilling a protected person
A first-time Violation of Protective Order charge is a Class A Misdemeanor, carrying up to 1 year in jail and a fine of up to $4,000. Repeat violations or violations involving violence can result in felony charges.
Why You Need a Family Violence Defense Attorney in San Antonio
A family violence arrest does not automatically mean a conviction. Many people charged with Assault-FV in San Antonio have strong defenses — including self-defense, false accusations, lack of evidence, or constitutional violations during the arrest.
At the same time, Texas law imposes serious collateral consequences that go far beyond jail time including:
- Loss of child custody or visitation rights
- Permanent ban on owning or carrying firearms under state and federal law
- Immigration consequences for non-citizens, including potential deportation
- Employment consequences, particularly in fields requiring background checks or professional licenses
- A permanent criminal record
If you are a first-time offender with a clean record, you may have options to avoid a conviction entirely. The right attorney can evaluate your case, identify weaknesses in the State’s evidence, and advocate for the best possible outcome — whether that means dismissal, reduction, or acquittal at trial.
Do not face a San Antonio family violence charge alone. Call (210) 733-7575 now for a free consultation.
San Antonio Family Violence Defense Attorney — Genaro R. Cortez
Attorney Genaro R. Cortez has defended San Antonio clients against assault and family violence charges for over 20 years. He handles simple assault cases, domestic assault cases, aggravated assault cases, and assaults against federal officers. His practice is based in San Antonio and serves clients throughout Bexar County and South Texas.
If police arrested you for a family violence crime in San Antonio, do not wait to get help. Call or contact the Law Office of Genaro R. Cortez, PLLC today to discuss your case.
✆ Call Now: (210) 733-7575 | Free Consultation | Over 20 Years of Experience
730 West Hildebrand Avenue, San Antonio, TX | Mon–Fri: 8:30 AM – 5:00 PM
Family Violence & Domestic Assault in San Antonio: Frequently Asked Questions
What is the difference between family violence and regular assault in Texas?
The crime is the same — but the relationship between the parties changes everything. When the victim is a family member or dating partner, Texas law adds extra consequences including loss of child custody rights and a ban on owning a firearm.
Can family violence charges be dropped in Texas?
Maybe. But the choice to drop the charges is up to the prosecutor and not the victim. In some cases, especially for first-time offenders with a clean record, we can negotiate with the prosecutor to reduce or dismiss the charges. The outcome depends heavily on the facts of your case, the evidence, and the discretion of the prosecutor.
Do I need a lawyer for a family violence charge in San Antonio?
Yes. A family violence conviction carries consequences that go far beyond jail time — including loss of custody, loss of gun rights, and a permanent criminal record. An experienced San Antonio family violence attorney can identify weaknesses in the State’s case and fight for the best possible outcome.
Can I be charged with family violence if I was defending myself?
Yes, police can arrest you — but self-defense is a legitimate and common defense in Assault-FV cases. The Texas Family Code specifically states that family violence does not include defensive measures to protect oneself. Attorney Cortez can evaluate whether self-defense applies to your situation.
What happens if I violate a protective order in San Antonio?
A first-time violation is a Class A Misdemeanor carrying up to 1 year in jail and a $4,000 fine. Repeat violations or violations involving violence can result in felony charges. Courts in Bexar County take protective order violations very seriously.
Can I get probation for a first-time family violence charge in Texas?
Yes. Probation is available for first-time offenders in Texas. In some cases charges can be reduced or dismissed entirely. However, violating probation conditions can result in a Motion to Revoke and a judge sending you to jail.
Is it a crime to take someone’s phone during a domestic dispute in Texas?
Yes. Stopping someone from calling 911 for help is a Class A Misdemeanor in Texas, carrying up to 1 year in jail and a $4,000 fine. Police frequently file this charge alongside Assault-FV charges in San Antonio.
Is choking considered a felony in Texas?
Yes. Under Texas law, assault involving “impeding breath or circulation” (choking or strangulation) is enhanced to a 3rd Degree Felony. This carries a potential sentence of 2 to 10 years in the Texas Department of Criminal Justice (TDC) and a fine of up to $10,000.