Assault Family Violence Lawyer 

Assault family violence usually occurs when a domestic dispute escalates beyond mere words and a physical altercation ensues.  This can be a traumatic experience for families and victims deserve every legal protection afforded under the law.  While assault family violence laws seem clear cut and well intended, they don’t address every possible scenario and they can be weaponized by people with bad intentions.  In the media and online, accused “abusers” are frequently judged in the court of public opinion long before the legal process unfolds. These assumptions shape how we react to accusations, often leaving little room for nuance, misunderstanding, or false claims. In reality, allegations of assault family violence are rarely simple. They arise from complex relationships, heightened emotions, and situations where the truth is not always immediately clear. 

If you or a loved one have been accused of assault family violence in Texas, it’s important to remember that an accusation is not a conviction. The accused are entitled to the presumption of innocence and a fair legal process. Meanwhile, genuine victims of domestic violence deserve protection, and Texas law takes these allegations seriously. Navigating this balance requires an experienced and thoughtful defense attorney. Andrea M. Kolski and the team at Nonstopjustice PLLC provide skilled legal guidance to the accused and hope to families as they navigate these difficult situations. 

What is Assault Family Violence in Texas 

Under Texas law, assault family violence is governed primarily by Texas Penal Code § 22.01, which defines assault. When an assault involves a family member, household member, or someone in a dating relationship, it may be classified as family violence. 

Assault can occur in several ways, including intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or engaging in physical contact that the other person finds offensive or provocative. 

The definition of “family” and “household” is broad. It includes spouses, former spouses, individuals related by blood or marriage, people who live together, and those in dating relationships. Because of this wide scope, many interpersonal conflicts can fall under the umbrella of family violence if they escalate. 

Texas law also provides specific protections for alleged victims, including protective orders that can limit contact, remove an accused person from their home, and affect child custody arrangements. 

Penalties and Consequences 

The penalties for assault family violence vary depending on the severity of the allegation and the defendant’s prior history. A first-time offense involving bodily injury is typically charged as a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000. 

However, the consequences can escalate quickly. A prior conviction for family violence can enhance the charge to a third-degree felony, carrying a potential sentence of 2 to 10 years in prison. More serious allegations, such as those involving strangulation or impeding breathing, are often charged as felonies even for a first offense. 

Beyond jail time and fines, a conviction can lead to long-term consequences that affect nearly every aspect of your life. These may include: 

-Loss of firearm rights under federal law 
-Difficulty securing employment or housing 
-Negative impact on child custody and visitation rights 
-A permanent criminal record that follows you for years 

Even before a case is resolved, protective orders and bond conditions can disrupt your daily life, forcing you to leave your home or limiting contact with loved ones. 

Public Perception Versus Legal Reality 

There is often a disconnect between how the public views family violence and how the law defines it. Many people assume that only severe physical harm qualifies as assault. In reality, even minor physical contact or perceived threats can lead to criminal charges if they are considered offensive or harmful.  It’s in these “gray areas” where much of the legal misunderstandings occur. 

Emotions often run high in domestic situations. Arguments can escalate quickly, and actions taken in the heat of the moment may later be interpreted very differently. Unfortunately, once law enforcement becomes involved, officers often err or the side of caution and will make an arrest based on limited information, leaving it to the courts to sort out the truth. 

False Accusations and Misuse of the System 

While many allegations of family violence are legitimate and deserve serious attention, false accusations are a growing concern in Texas courts. False accusations can be used as a strategic tool in contentious divorces or custody disputes. One party may believe that making an accusation will provide leverage in securing favorable outcomes related to property division or parenting rights. 

Similarly, a strained relationship or breakup can lead to accusations driven by anger, jealousy, or a desire for retaliation. In extreme cases, extortion for money or property can accompany false accusations of assault family violence.  Just the accusations alone can result in immediate and severe consequences, including arrest, removal from the home, separation from family members, and damage to your reputation. 

The legal system isn’t perfect and mistakes are common.  Assuming that the court will uncover the truth is wishful thinking that could end badly for the accused.  To protect your rights and insure your voice is heard, you need an experienced assault family violence attorney by your side. 

Real World Situations and Assault Family Violence Law 

Many assault family violence cases arise from situations that are not as straightforward as they might initially appear. Consider the following examples: 

An argument between spouses becomes heated, and one person grabs the other’s arm to prevent them from leaving the room. What was intended as a momentary act of frustration may later be described as causing bodily injury. 

A couple is involved in a verbal dispute, and one person raises their voice or makes a statement that the other interprets as a threat. Even without physical contact, this can lead to an assault charge under Texas law. 

During a breakup, one partner accuses the other of pushing them during an argument. There are no visible injuries, but the allegation alone is enough to trigger an arrest and prosecution. 

These simple scenarios demonstrate how easily everyday conflicts can quickly escalate into criminal charges, particularly in contentious divorce cases or strained relationships.  

Andrea M. Kolski: Experience You Can Trust 

Montgomery attorney Andrea M. Kolski has spent more than 25 years defending those accused of criminal offenses in Texas, including assault family violence cases. Her approach is grounded in the belief that every client deserves a fair chance to tell their side of the story and challenge the evidence against them. 

Known by clients and respected by her peers as a “pitbull in the courtroom,” Andrea brings determination, preparation, and strategic thinking to every case. As a former Harris county prosecutor, she has unique insights into prosecution strategy, how to properly question witnesses, and fight for the best possible outcome for her clients. 

Andrea has earned the respect of her fellow defense attorneys through her decades of successful practice, professionalism, and litigation skills. Based in Montgomery County, Andrea has handled cases throughout Texas while developing strong relationships and a deep understanding of the local legal system. This insight allows her to navigate cases effectively and anticipate the strategies of opposing counsel. 

Building a Defense That Works

Defending against assault family violence charges requires a careful and thorough approach. Andrea M. Kolski and her team at Nonstopjustice PLLC focus on uncovering the full context of each case. 

This may involve reviewing police reports for inconsistencies, examining witness statements, analyzing medical records, and gathering evidence such as text messages or video footage. In some cases, it may also include demonstrating that the accused acted in self-defense or that the allegations are exaggerated or unfounded. 

Every case is different, and Andrea tailors her strategy to the specific facts and circumstances involved. Her goal is to protect your rights, challenge the prosecution’s case, and work toward a resolution that preserves your future. 

Acting Quickly Can Make a Difference

When you are facing assault family violence charges, time is not on your side. Early intervention by an experienced attorney can help prevent mistakes, preserve evidence, and ensure that your rights are protected from the beginning. 

Whether you have been arrested, are under investigation, or are dealing with a protective order, Andrea M. Kolski is prepared to step in and provide expert legal guidance. She and her team understand the urgency of these situations and work diligently to provide support and clarity during these stressful times. 

A Path Forward For You and Your Family

Being accused of assault family violence can be devastating. The legal consequences, combined with the emotional turmoil of strained relationships and public perception, can make it difficult to see a way forward. However, with the right legal representation, it is possible to navigate this challenge and work toward a better outcome. 

Andrea M. Kolski and her team at Nonstopjustice PLLC offer the experience, knowledge, and commitment needed to successfully handle these complex cases. They approach every client with respect and a determination to uncover the truth, while providing compassion for family and friends who may also be impacted.  

For over 25 years, clients facing serious criminal charges have turned to Andrea Kolski for outstanding legal guidance.  Andrea brings a proven track record of success, deep roots in the Montgomery County legal community, and a reputation for fighting tirelessly for her clients. Her decades of trial experience, combined with her relentless advocacy and strategic approach, make her an ideal choice for anyone facing assault family violence charges.  

When your future is at stake, having an experienced and dedicated defense attorney on your side can make all the difference.  Contact us today.