If you, a loved one, or someone you know has been charged with domestic or family violence, you need a Fort Worth family violence lawyer, and we can help. We are the law firm of Baker and Dameron. Our lawyers understand the significance of these charges and the impact they will have on your future. If convicted, you face jail time, fines and more. You can lose your right to possess a gun. You will have a criminal record that can impact your ability to get a job in the future. We will work hard to protect your rights.

Non-aggravated assault and non-aggravated family violence assault are class A misdemeanors. An assault occurs if the accused recklessly or intentionally causes bodily injury to the complainant. Bodily injury is often described as an act that causes pain. It is not necessary that there be physical evidence of an injury such as a bruise or broken lip; however, lack of a visible injury may make the case very defendable and ultimately result in a dismissal or an acquittal. Fort Worth family violence assault convictions carry numerous repercussions. Because of the Lautenberg amendment someone convicted of a family violence assault is banned from ownership and use of guns or ammunition; furthermore, a restraining order for domestic abuse will also result in the prohibition. The Lautenberg amendment has resulted in some servicemen being discharged from the military because they could no longer carry a weapon.

Sec. 25.07. Violation of Protective Order or Magistrate's Order.

  • A person commits an offense if, in violation of an order Issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292, Code of Criminal Procedure, or by another Jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally:
    • Commits family violence or an act in furtherance of an offense under Section 42.072;
    • Communicates:
      • Directly with a protected individual or a member of The family or household in a threatening or harassing manner;
      • A threat through any person to a protected individual or a member of the family or household; and
      • In any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the order prohibits any communication with a protected individual or a member of the family or household; or
    • Goes to or near any of the following places as specifically described in the order:
      • The residence or place of employment or business of a protected individual or a member of the family or household; or
      • Any child care facility, residence, or school where a child protected by the order normally resides or attends.
  • For the purposes of this section, "family violence," "family," "household," and "member of a household" have the meanings assigned by Section 71.01, Family Code.
  • If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
  • Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section.
  • A peace officer investigating conduct that may constitute an offense under this section for a violation of an order may not arrest a person protected by that order for a violation of that order.
  • It is not a defense to prosecution under this section that certain information has been excluded, as provided by Section 71.111, Family Code, or Article 17.292, Code of Criminal Procedure, from an order to which this section applies.
  • An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault or the offense of stalking, in which event the offense is a third degree felony.