A family violence arrest can turn a person’s life upside down in a matter of hours.
One minute, you’re going about your normal routine. The next, you’re being booked into jail, trying to figure out how to get home, wondering what your bond requires, and trying to understand what happens to the criminal case from here.
For many people, the uncertainty doesn’t end when they’re released.
There may be a protective order or other restrictions to understand. A court date may be scheduled. The alleged victim may say they don’t want to pursue the case. Employers, professional licensing boards, or immigration concerns may already be on your mind. And one of the biggest questions is often: How long is this going to take?
These are questions we hear regularly at MC Criminal Law.
There is no single timeline or outcome for every family violence case in Texas. But understanding what happens after an arrest—and knowing which assumptions can get you into trouble—can help you navigate the process more effectively.
Here’s what to know.
What Happens After a Family Violence Arrest in Texas?
After an arrest for family violence, several things may happen relatively quickly.
The person arrested will generally be taken to jail, processed, and brought before a magistrate. Bond will be addressed, and conditions may be placed on release. Depending on the circumstances of the arrest, a magistrate may also issue an order for emergency protection.
When someone contacts our office after a family violence arrest, we want to understand the immediate circumstances first. We typically ask the following questions:
- What county and city did the arrest occur in?
- How much was the bond?
- Have you been in contact with the bonding company?
- Do you have any upcoming or previously scheduled court dates?
- Are there bond conditions in place?
- Is there a protective order or other court order in place?
- Have you had any contact with the complainant?
- Do you know whether the complainant wants to pursue the charges?
You may not know the answers to every question, but the more information you can provide will help us know how to best help you with your family violence charge. The purpose of the initial conversation is to understand where the case stands, to identify issues that may require immediate attention, and to help you know that you’re in the right hands.
What Happens After You Are Released on Bond?
Getting out of jail does not mean the family violence case is over.
The conditions of bond can affect what you can do while the criminal case is pending. Depending on the circumstances, restrictions may address contact with another person, locations you can visit, or other conduct. These restrictions are important. Violating a bond condition or court order can create additional legal problems and additional criminal charges.
Family violence cases can be especially complicated because the people involved often have an existing relationship. They may live together, share children, work in the same place, or otherwise have regular contact. If your bond conditions restrict contact or require you to stay away from a particular person or location, make sure you understand exactly what those conditions require.
Know that an informal agreement with the other person does not change a court-ordered restriction.
Can Family Violence Charges Be Dropped If the Alleged Victim Doesn’t Want to Pursue the Case?
This is one of the most frequent questions we hear. It is also one of the most common misconceptions about family violence cases in Texas.
People sometimes assume that if the alleged victim decides not to pursue the case, the criminal charges will automatically go away.
Unfortunately, that’s not how a criminal prosecution works.
The criminal case belongs to the State. A complainant’s desire to see the case dropped does not automatically require the State to dismiss the charges. Texas law also makes it clear that a criminal prosecution involving family violence is not dependent on a separate civil family proceeding.
Depending on the circumstances, the State can require a complainant to appear and may have other evidence it can use to pursue the case. That is why we encourage people not to make assumptions based solely on what the complainant says they want to do.
Even if a potential client tells us the complainant does not want to press charges anymore, we still need to complete a full evaluation of the case.
This analysis dictates how we proceed, including if we contact the complainant to sign and file an Affidavit of Non-Prosecution (also known as an ANP).
How Long Does a Family Violence Case Take in Texas?
Another question people ask almost immediately is: How long will this take?
A family violence case may take weeks, months, or longer to resolve depending on the circumstances. The timeline can be affected by the county, the charges, the evidence, court settings, investigation, negotiations, motions, and whether the case ultimately proceeds toward trial.
Someone who has just been arrested may want to put the experience behind them as quickly as possible, but rushing toward a resolution simply because you are tired of waiting is not necessarily in your best interest. A criminal case needs time to be investigated and evaluated.
We encourage our clients to focus on understanding the case and making informed decisions rather than trying to predict exactly when it will end. Every family violence case is nuanced and deserves thorough attention and strategy to achieve the best possible outcome.
Is There a Protective Order After a Family Violence Arrest?
A family violence arrest may involve a protective order or an emergency protection order, depending on the circumstances. A protective order, which is separate from the criminal prosecution, is a court order that can restrict contact and other conduct involving the protected person. Texas law permits protective orders to address matters such as communication, proximity to certain locations, and other conduct.
A magistrate’s order for emergency protection may also be issued following certain family violence arrests. In some circumstances, Texas law requires the magistrate to issue one—for example, when the arrest involves serious bodily injury or the use or exhibition of a deadly weapon.
This is important because someone can be dealing with both a criminal case and a protective-order proceeding at the same time. They are related, but they are not the same thing.
If you have been served with a protective order or given an emergency protection order, read the order carefully and understand the restrictions before taking any action that could violate it.
Will I Have to Go to Jail for a Family Violence Charge?
Family violence offenses can range from misdemeanors to felonies, and the potential consequences can vary significantly depending on the alleged conduct, injuries, prior convictions, and other circumstances. But, in most cases, the only jail time our clients will experience occurs after the initial arrest.
An arrest does not tell you the outcome of a case.
We also don’t believe it is useful to give someone a generic “success rate” for family violence cases. Every case is different, and an outcome depends on the facts, evidence, charges, and circumstances involved.
The more useful question is: What does the evidence in this case show and what options are available?
That is something an attorney can evaluate after learning the details of the case. Our team is highly experienced in family violence cases in Dallas County, Collin County, Denton County, and the surrounding areas of Dallas-Fort Worth. In fact, Kendall Castello was Chief of the Family Violence Division at the Dallas County District Attorney’s Office before founding MC Criminal Law. As a former prosecutor with more than 23 years practicing criminal law, Kendall understands the nuance of these allegations, how these cases develop, what details to focus on, and how to build a strong strategic defense to help our clients achieve the best possible outcome and protect their rights, their reputation, their livelihoods, and their futures.
How Can a Family Violence Case Affect Your Job or Future?
For many people who contact us, jail is not their only—and sometimes not even their biggest—concern. They are worried about:
- Losing their current job
- Whether a future employer will find out about the case
- Finding an apartment
- Firearm possession
- Maintaining or obtaining professional licensure
- Immigration consequences
- Family law matters, including custody arrangements
Those concerns deserve attention.
A criminal case can also affect your reputation and personal relationships.
That is why we encourage people to think about the full impact of a family violence case, not just whether they will spend time in jail.
What Should You Do After a Family Violence Arrest?
The period immediately following an arrest is often when people are most likely to act emotionally.
They want to explain what happened.
They want to call the complainant.
They want to send a text.
They want to post on social media.
They want to convince everyone that the situation was misunderstood.
We understand that instinct, but decisions made early in a criminal case can have consequences that are difficult to undo. Instead, we encourage people facing a family violence allegation to focus on a few basic priorities.
1. Understand Your Bond Conditions
Know what your release requires of you. If you have questions about a condition, get clarification from an attorney before assuming you are allowed to do something.
2. Understand Any Protective Order
If there is a protective order or emergency protection order, understand what it prohibits. Do not assume that another person’s willingness to communicate with you changes the terms of the order.
3. Preserve Important Information
Messages, photographs, videos, records, and other information may provide important context about what happened.
4. Be Careful About Communications
Communications with the complainant, witnesses, law enforcement, or others may become relevant to the case.
5. Get Legal Guidance Early
You should not wait until your first court date to talk to an attorney.
Early legal guidance can help you understand the status of your case, identify immediate concerns, preserve information, and begin evaluating the available options. Much of what we can do to assist a client is done before a case is accepted or indicted by the District Attorney’s Office. These opportunities are lost by the first court setting. When you or your loved one is released from jail, call us to speak with our team. We will help you understand the proper next steps to protect your defense from the very beginning.
What Should You Bring When You Talk to a Family Violence Attorney?
You do not need to have your entire case figured out before contacting a lawyer, but having access to basic information can help an attorney understand your situation more quickly.
If possible, be prepared to discuss:
- Where the arrest occurred
- The jail where you were booked
- The bond amount
- Any bond conditions
- Any court dates
- Whether a protective order has been issued
- Whether you have had contact with the complainant
- What you understand about the complainant’s position
- Any relevant messages, photographs, videos, or other records
- Any prior or pending criminal matters that may be relevant
Don’t worry if you don’t know everything. We don’t expect you to understand the criminal justice system. Our job is to help you understand what you are facing.
Why Does Early Legal Guidance Matter?
We often hear from people who waited to contact an attorney because they believed the case would go away. Sometimes they thought the complainant would not pursue the charges or assumed the police report would explain what happened.
Sometimes they simply did not realize how long a criminal case could take. By the time they call, important decisions may already have been made.
Getting legal guidance early does not guarantee a particular outcome but can allow you to understand the case before making decisions that could affect what happens next. It also allows an attorney to begin evaluating the evidence, identifying potential issues, and considering the best path forward.
Every Family Violence Case Has Its Own Timeline
There is no single roadmap for every family violence arrest in Texas.
The process may involve:
- Arrest
- Bond
- Protective Orders
- Investigation
- Court Proceedings
- Resolution
What happens at each stage can vary significantly from one case to another. The facts matter. The evidence matters. The jurisdiction matters. And the decisions made along the way matter.
At MC Criminal Law, we help people facing criminal accusations understand where they are in the process, what issues they may be facing, and what options may be available. We don’t promise a particular result, and we don’t believe in treating every family violence case the same way.
Instead, we start by understanding the facts.
If you or someone you love has been arrested or accused of family violence in Dallas County, Collin County, Denton County, or the surrounding areas of DFW, don’t assume you know what will happen next or that the case will simply go away. Contact MC Criminal Law to schedule a consultation and speak with an expert family violence attorney today.