Cedillo Law Firm, PLLC
Officing in Sugar Land &
The Woodlands, Texas
Se Habla Espanol
Cedillo Law Firm
ASSAULT FAMILY VIOLENCE CASES
Texas law uses a very broad definition of “family violence.” A person can be charged even if no one was seriously injured, the incident involved mutual argument or pushing, or the complainant does not want to prosecute. Officers are required to make arrests in many situations, even when both people insist that nothing criminal occurred. Once the charge is filed, the case belongs to the State — not the complaining witness — and the process can move forward even without that person’s cooperation.
CEDILLO LAW FIRM
Family violence allegations move fast and carry consequences long after the court case ends. Whether the incident happened in Harris County, Fort Bend County, or Montgomery County, a family violence charge puts your freedom, your gun rights, your immigration status, and your future at risk.
At Cedillo Law Firm, we defend these cases from our offices in Sugar Land and The Woodlands, using a careful, strategic approach to protect every part of your life.
What Counts as 'Family Violence' in Texas?
Firearm Consequences After a Family Violence Case
One of the most permanent consequences of a family violence conviction is the impact on your firearm rights. Under federal law, even a Class A misdemeanor family violence conviction results in a lifetime prohibition on owning or possessing a firearm. There is no federal procedure to restore this right once the finding is entered. Texas law also imposes its own firearm restrictions for a period following certain sentences. These consequences apply even when the case involved a minor allegation or resulted in a plea deal that avoided jail. Protecting your Second Amendment rights requires preventing any family violence finding from being entered in the first place.
Immigration Risks — Even With Deferred Adjudication
Family violence charges create extremely serious immigration issues. Even if the case results in deferred adjudication — which is not considered a conviction under Texas law, but IS a conviction under Federal law — immigration authorities may still treat it as a “crime of domestic violence” or as a crime involving moral turpitude. This can lead to detention, deportation, denial of residency, denial of naturalization, or the loss of work authorization. Many people mistakenly believe that a deferred plea or “no jail” agreement is safe. For non-citizens, a family violence allegation must be handled with precise coordination between criminal and immigration counsel to avoid life-altering consequences.
Enhancements, Felony Exposure, and Protective Order Violations
Texas law allows certain family violence allegations to escalate quickly. A second family violence charge — even one that occurs years later — can be enhanced to a felony. Allegations involving impeding breath (strangulation) are charged as felonies on a first offense. Violating a magistrate’s order, protective order, or bond condition can create new charges and significantly increase the difficulty of resolving the case. These complications are common in Harris, Fort Bend, and Montgomery County courts, and require a defense team who understands how these enhancements are applied and how to prevent a misdemeanor from becoming a felony.
Affidavits of Non-Prosecution
Many cases involve a complainant who wants the charges dismissed. An Affidavit of Non-Prosecution can be helpful, but it does not compel the prosecutor to drop the case. Domestic violence prosecutors often proceed even when both parties want to move forward peacefully. The affidavit is simply one part of a comprehensive defense strategy. We can help clients obtain, present, and use these affidavits effectively — without relying on them as the only defense.
Expunctions, Non-Disclosures and 'Poison Pill' Cases
Family violence cases involve some of the strictest record-clearing rules in Texas. Even when a case is dismissed, these matters often require longer wait times before expunction eligibility and more complex procedures due to protective orders, no-contact conditions, or prior findings. Most importantly, any family-violence finding — whether on a conviction or a deferred adjudication — permanently bars non-disclosure. These cases are often referred to as “poison pill” cases because, once the finding is entered, the record can never be sealed. This includes convictions, deferred adjudications with a family violence finding, and certain related offenses such as violation of protective order or assault by impeding breath.
Preventing that finding is one of the most critical parts of our defense strategy.
Contact us today to analyze your current or past cases with expunctions and/or non-disclosures (record sealing) in mind.
Serving Harris, Ft. Bend, Montgomery Counties and Beyond
Cedillo Law Firm represents clients in Houston, Sugar Land, The Woodlands, Richmond, Missouri City, Conroe, and all surrounding areas. Each county handles family violence allegations differently, and our team is experienced with the judges, prosecutors, and procedures in each system.
We tailor your defense to the exact court your case is in to achieve the strongest possible result.
Why Choose Cedillo Law Firm?
Family violence charges involve criminal law, immigration issues, firearm laws, protective orders, and long-term consequences that most people never anticipate. Our team focuses on dismissals, reductions, avoided findings, and long-term protection of your rights and reputation. With offices in Sugar Land and The Woodlands, we are positioned and ready to defend clients across the region with the urgency these cases demand.