Question 1

Can a victim drop domestic violence charges in Texas?

Accepted Answer

No. In Texas, criminal charges are filed by the State, not by the alleged victim. The decision to pursue or drop charges belongs to the prosecutor's office, not to the person who made the complaint. The alleged victim can choose not to cooperate with the prosecution, and their wishes may be considered, but they do not control whether the case proceeds. Under a 2025 Texas law (SB 1120), alleged victims now have a formal right to confer with prosecutors before major decisions like plea agreements — which means early, skilled legal representation is more important than ever.

Question 2

What does 'continuous family violence' mean in Texas?

Accepted Answer

Continuous family violence is a third-degree felony charge in Texas. It applies when a person is alleged to have committed two or more acts of domestic assault within a 12-month period. The prior incidents do not have to have resulted in arrest or conviction, and they do not have to involve the same victim. Penalties are 2 to 10 years in prison and a fine up to $10,000.

Question 3

How can a domestic violence conviction affect child custody in Texas?

Accepted Answer

A domestic violence conviction is one of the most significant factors in a Texas custody determination. The court is prohibited from granting joint conservatorship if domestic violence exists between the parents. A conviction can result in supervised visitation, loss of primary custody, and restrictions on your parenting rights. Even a pending charge, before any conviction, can affect emergency custody orders. If custody is a concern, your criminal defense attorney and a family law attorney should be working together from the beginning.

Question 4

Can I return home after a domestic violence arrest in Texas?

Accepted Answer

Usually not immediately. After a domestic violence arrest, a bond condition or emergency protective order will typically prohibit you from returning to a shared residence and from having contact with the alleged victim. This is true even if you own the home or are on the lease. Your attorney can file a motion to modify these conditions, but until a judge grants that modification, you must comply with the order as issued.

Question 5

What happens at my first court appearance?

Accepted Answer

Your first court appearance after a domestic violence arrest is typically the magistration or arraignment, where the judge will set your bond and conditions of release. This is when no-contact orders and residence restrictions are put in place. It is important to have an attorney present or engaged as soon as possible — ideally before this first appearance.

Question 6

Will a domestic violence conviction affect my nursing license or teaching certificate?

Accepted Answer

It can. Professional licensing boards in Texas have broad authority to suspend or revoke licenses based on criminal convictions. The Texas Board of Nursing, the Texas Education Agency, and other licensing bodies review convictions and can take action. The outcome depends on the nature of the offense, the board's policies, and whether you can demonstrate rehabilitation. An attorney who understands both the criminal and licensing implications can help you address both tracks simultaneously.

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