Collateral Consequences of Domestic Violence Convictions

What Constitutes a Domestic Violence Conviction in Texas?

Under Texas Penal Code Section 22.01, “family violence” encompasses assault against a family member, household member, or someone with whom you’ve had a dating relationship.

This broad definition includes:

• Current or former spouses
• Dating partners (current or former)
• Household members living together
• Blood relatives
• Children of any of the above parties
• Foster children or foster parents

Misdemeanor vs Felony Domestic Violence Charges

The severity of your domestic violence charge significantly impacts both immediate penalties and long-term consequences:

Important Note: Even first-time Class A misdemeanor domestic violence convictions trigger significant federal restrictions, particularly regarding firearms possession.

Protective orders often accompany domestic violence charges, creating immediate restrictions on contact and property access that can last up to two years or become permanent.

Additional resources: https://mcconathylaw.com/blog/is-domestic-violence-a-felony-or-misdemeanor/

Legal Penalties vs Hidden Consequences

While most defendants focus on avoiding jail time and fines, the collateral consequences of a domestic violence conviction often prove more devastating than the direct legal penalties.

Consider this comparison:

Immediate Legal Penalties:

• Jail time (typically 1 year maximum for first offense)
• Fines up to $4,000
• Probation requirements
• Court-ordered counseling
• Temporary protective orders

Hidden Long-Term Consequences:

• Permanent federal gun ban
• Employment discrimination
• Immigration deportation
• Child custody restrictions
• Professional license revocation
• Housing denials
• Educational limitations

These hidden consequences can impact your life far longer than any jail sentence, making aggressive defense representation essential.

The 5 Hidden Consequences of a Domestic Violence Conviction

1. Loss of Gun Rights

Federal law prohibits anyone convicted of domestic violence from possessing firearms—forever. This restriction applies regardless of whether your conviction was a misdemeanor or felony.

The Lautenberg Amendment (18 U.S.C. § 922(g)(9)) makes it a federal crime punishable by up to 10 years in prison for domestic violence offenders to purchase, possess, receive, transport, or ship firearms.

Key Points About Gun Rights Loss:

• Applies to all domestic violence convictions, including misdemeanors
• No exceptions for law enforcement or military personnel
• Cannot be restored through expungement or record sealing
• Violating this ban is a separate federal felony

2. Employment and Background Checks

Domestic violence convictions create significant employment barriers across numerous industries. Most employers conduct background checks, and domestic violence and employment background check policies often result in automatic disqualification.

High-Risk Employment Sectors:

• Law Enforcement: Automatic disqualification due to gun restrictions
• Healthcare: Licensing boards consider domestic violence convictions
• Education: School districts typically reject applicants with violence convictions
• Finance: Banks and credit unions often exclude domestic violence offenders
• Government: Federal and state positions frequently require clean records
• Transportation: CDL licenses may be affected

Professional Licensing Impact: The Texas Department of Licensing and Regulation oversees numerous professions that may deny or revoke licenses based on domestic violence convictions, including nursing licenses, teaching certificates, real estate licenses, accounting certifications, and legal practice licenses.

3. Immigration Consequences

For non-U.S. citizens, domestic violence convictions trigger severe immigration penalties under federal law. The Immigration and Nationality Act classifies domestic violence as both a “crime involving moral turpitude” and “crime of violence.”

Potential Immigration Consequences: Deportation proceedings for permanent residents, visa application denials, green card revocation, naturalization eligibility loss, and re-entry bans after deportation.

According to U.S. Citizenship and Immigration Services, domestic violence convictions are among the most common grounds for removal proceedings, affecting thousands of Texas residents annually.

4. Custody and Visitation Issues

Family courts heavily weigh domestic violence convictions when determining child custody and visitation arrangements. Texas Family Code Section 153.004 creates a rebuttable presumption that awarding custody to a parent with a domestic violence history is not in the child’s best interest.

Impact on Family Court Decisions: Supervised visitation requirements, restricted overnight visits, mandatory parenting classes, psychological evaluations, limited decision-making authority, and geographic restrictions on residence.

The domestic violence impact on custody can persist for years, even after completing all court requirements. Judges retain broad discretion to impose ongoing restrictions based on domestic violence convictions.

Statistics from the Texas Office of Court Administration indicate that domestic violence convictions significantly impact custody decisions, with parents having such convictions being substantially less likely to receive joint custody arrangements compared to parents without such convictions.

5. Professional Licensing & Housing

Beyond employment challenges, domestic violence convictions create barriers in professional licensing and housing that many people never anticipate.

Professional License Issues: Licensing boards across Texas regularly deny or revoke professional licenses based on domestic violence convictions. The professional license and domestic violence intersection affects careers including nurses, teachers, lawyers, real estate agents, and healthcare providers.

Housing Discrimination: Private landlords and public housing authorities frequently reject applicants with domestic violence convictions through background check rejections, higher security deposits, limited rental options, public housing exclusions, and co-signer requirements.

According to the Texas Apartment Association, the vast majority of property management companies conduct criminal background checks, with violent offenses frequently resulting in automatic application denials.

Is It Possible to Expunge or Seal a Domestic Violence Conviction in Texas?

Unfortunately, most domestic violence convictions cannot be expunged or sealed in Texas. The state’s expungement laws specifically exclude family violence offenses from eligibility for record clearing.

Texas Code of Criminal Procedure Article 55.01 prohibits expungement of:

• Final domestic violence convictions
• Family violence protective order violations
• Deferred adjudication for family violence (in most cases)

Limited Options for Record Relief: Deferred adjudication (for some first-time offenders), orders of nondisclosure (very limited circumstances), and pardons (extremely rare).

The expungement domestic violence Texas limitations make preventing conviction through aggressive defense your best option for protecting your record.

Important Legal Note: Recent Texas legislation has created narrow exceptions allowing some domestic violence deferred adjudications to qualify for orders of nondisclosure after completing all requirements and waiting periods.

How Our Texas Defense Lawyers Can Help

Early intervention is crucial in domestic violence cases. The longer you wait to retain experienced legal representation, the more difficult it becomes to prevent the life-altering consequences outlined above.

Our comprehensive defense strategy includes evidence analysis and witness interviews, police report examination for inconsistencies, strategic defense development including self-defense claims and false accusation defenses, and negotiation and trial advocacy for charge reduction and alternative sentencing.

With over 1,000+ dismissed criminal cases and 300+ not guilty verdicts, our team has the experience to protect your future from domestic violence conviction consequences.

Proven Defense Results:

• Assault Family Violence, Dismissed, Dallas County, M13-33519
• Assault- Threats Family Violence, Dismissed, Dallas County, C21363176
• Assault by Contact Family Violence, Dismissed, City of Dallas, C21550262

These actual case results demonstrate our ability to achieve favorable outcomes in domestic violence cases throughout North Texas.

Contact Our Criminal Defense Attorneys Today

Don’t let a domestic violence accusation destroy your future. The hidden consequences of conviction extend far beyond jail time and fines, affecting your constitutional rights, career prospects, family relationships, and immigration status for years to come.

⚡ Time is critical in domestic violence cases. Evidence disappears, witnesses forget details, and opportunities for favorable resolutions diminish with each passing day.

Take Action Now:

📞 Call (972) 528-0478 for immediate legal consultation

💬 Contact our legal team online

🏢 Schedule your confidential case evaluation today

What We Offer:

✅ 35+ years of criminal defense experience
✅ Thousands of cases successfully defended
✅ 24/7 availability for emergencies
✅ Aggressive advocacy at every stage
✅ Confidential consultations protected by attorney-client privilege

Frequently Asked Questions About Hidden Consequences of Domestic Violence Convictions

What are the hidden consequences of a domestic violence conviction in Texas?

The hidden consequences of a domestic violence conviction in Texas include permanent loss of gun rights under federal law, employment discrimination across multiple industries, immigration consequences including deportation for non-citizens, restricted child custody and visitation rights, professional license revocation or denial, housing discrimination by landlords, and inability to expunge the conviction from your record. These collateral consequences often prove more devastating than the direct legal penalties like jail time or fines.

Can you own a gun after a domestic violence conviction in Texas?

No, you cannot legally own a gun after any domestic violence conviction, including misdemeanors. The federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)) prohibits anyone convicted of a misdemeanor crime of domestic violence from purchasing, possessing, receiving, transporting, or shipping firearms for life. This ban applies nationwide regardless of state law and includes no exceptions for law enforcement or military personnel.

Will employers see my domestic violence conviction on background checks?

Yes, employers will see your domestic violence conviction on criminal background checks. Most employers conduct background checks, and domestic violence convictions appear permanently on your criminal record. This can result in automatic disqualification from jobs in law enforcement, healthcare, education, finance, government, and other sectors that require clean criminal records.

Can domestic violence convictions be expunged in Texas?

No, domestic violence convictions cannot be expunged in Texas. Texas Code of Criminal Procedure Article 55.01 specifically excludes family violence offenses from expungement eligibility. Even successful completion of deferred adjudication for domestic violence charges cannot be sealed or expunged. The conviction remains on your permanent record forever, making aggressive defense representation crucial to prevent conviction.

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

A domestic violence conviction significantly affects child custody in Texas. Texas Family Code Section 153.004 creates a legal presumption that awarding custody to a parent with a domestic violence history is not in the child’s best interest. This can result in supervised visitation, restricted overnight visits, mandatory parenting classes, psychological evaluations, and geographic restrictions on where you can live.

Can domestic violence convictions cause deportation?

Yes, domestic violence convictions can cause deportation for non-U.S. citizens. Under federal immigration law, domestic violence is classified as both a “crime involving moral turpitude” and a “crime of violence,” which can trigger deportation proceedings for permanent residents, result in visa application denials, green card revocation, loss of naturalization eligibility, and re-entry bans after deportation.

What jobs can you lose with a domestic violence conviction?

A domestic violence conviction can result in job loss or disqualification from careers including law enforcement (due to federal gun restrictions), healthcare positions, teaching and education roles, government jobs, financial services positions, and jobs requiring professional licenses. Many employers automatically reject applicants with violent offense convictions regardless of the specific industry.

Does domestic violence show up on professional licensing applications?

Yes, domestic violence convictions show up on professional licensing applications and can result in license denial or revocation. Texas licensing boards for nurses, teachers, lawyers, real estate agents, accountants, and healthcare providers all consider domestic violence convictions when making licensing decisions. Many boards view violent offenses as disqualifying factors for professional practice.

How long does a domestic violence conviction stay on your record in Texas?

A domestic violence conviction stays on your criminal record permanently in Texas. Unlike some other offenses, family violence convictions cannot be expunged, sealed, or removed from your record even after completing all court requirements and probation. The only way to avoid a permanent record is to prevent conviction through successful defense representation.

Can landlords deny housing for domestic violence convictions?

Yes, landlords can legally deny housing applications based on domestic violence convictions. Most property management companies conduct criminal background checks and frequently reject applicants with violent offense convictions. This can result in limited rental options, higher security deposits, co-signer requirements, and exclusion from public housing programs.

What is the difference between domestic violence and family violence in Texas?

In Texas law, “domestic violence” and “family violence” are the same thing. Texas Penal Code uses the term “family violence” to describe assault committed against family members, household members, or dating partners. The terms are used interchangeably, but the legal definition encompasses violence between current or former spouses, dating partners, household members, blood relatives, and parents of the same child.

How can I avoid the hidden consequences of domestic violence charges?

The best way to avoid hidden consequences of domestic violence charges is to prevent conviction through aggressive legal defense. Contact an experienced Texas domestic violence attorney immediately after arrest. Early intervention can result in charge dismissals, reductions to non-domestic violence offenses, or alternative sentences that avoid conviction. Once convicted, the consequences are permanent and cannot be undone through expungement.