Domestic violence cases can affect many legal rights, including the right to possess or carry a firearm. Domestic violence involves threats or harm to a family member, household member, or dating partner. Texas has broad gun rights and permissive firearm laws. However, domestic violence allegations and convictions create specific legal limitations. These restrictions may be temporary or permanent, depending on the circumstances of the case.

Firearm restrictions may arise from arrests, criminal convictions, protective orders, or other court actions. Sometimes, the court can impose restrictions before a conviction occurs. This procedure can happen when a restraining order is issued against you or when you are released on bail while the case is pending. Restrictions under these circumstances are temporary. This provision means that the court can lift them when the situation changes.

However, if the judge finds you guilty of a domestic violence offense, they have the authority to impose a more severe restriction. If you are facing a domestic violence allegation or charge in Texas, you should speak with a reliable criminal defense lawyer.

Domestic Violence Under Texas Law

In Texas, domestic violence or family violence covers a range of conduct involving family members or household members. Family violence includes the following:

  • Physical harm or bodily injury

  • Threats of imminent harm

  • Abuse against a child

  • Violence between dating partners

  • Violence between spouses or former spouses

  • Violence between members of the same household

Most domestic violence charges arise under Texas Penal Code 22.01, which addresses assault. When the alleged victim is a family or household member, the offense becomes assault involving family violence. Depending on the extent of the harm caused, prosecutors file misdemeanor or felony charges for domestic violence.

A domestic violence conviction can have severe legal and collateral consequences. In addition to incarceration and fines, the conviction can result in the loss of your gun rights. Losing your gun rights means that you are prohibited from purchasing, owning, or possessing a firearm for a specific period.

Firearm Restrictions After Domestic Violence Charges

Being charged with domestic violence does not automatically eliminate gun rights. However, several legal events during the criminal process may restrict firearm possession. The events include:

Protective Orders and Gun Rights

Protective orders are one of the most common ways gun rights are restricted after a domestic violence case in Texas. A protective order is a court order meant to protect someone from further harm or threats. Courts issue domestic violence restraining orders when family violence has occurred or when the court believes it may happen again.

When the court issues a protective order, it can immediately affect your ability to possess firearms. The court has the authority to place strict limits on gun ownership and access. Once you receive the order and understand its terms, these restrictions come into effect.

Under Texas law, courts may include several firearm restrictions in a protective order. These restrictions protect the alleged victim from potential further violence. The most common prohibitions on firearm possession included in protective orders are:

  • Prohibiting firearm possession. When you are subject to a domestic violence restraining order, you cannot own, possess, or control a firearm. The restriction may remain in effect while the protective order is active.

  • Requiring the surrender of firearms. The court may order you to turn over any firearms to law enforcement for safekeeping.

  • Prohibition against purchasing new firearms. While the restraining order is in effect, you are not authorized to purchase new firearms.

  • Suspending a License to Carry. If you have a Texas license to carry a handgun, the court can suspend it while the protective order is in effect.

These restrictions apply even when your domestic violence case has not resulted in a conviction. A protective order alone can trigger firearm limitations. Different types of protective orders affect gun rights. They include:

  • Temporary Protective Orders

In Texas domestic violence cases, courts can issue temporary protective orders before a full hearing takes place. These orders are often referred to as temporary ex parte protective orders. They are designed to provide immediate protection to the alleged victim. A judge may issue this order based only on the information provided by the applicant.

If you are accused of family violence, you will not appear in court before the order is issued. Because of this, the order offers short-term protection until the court can hold a full hearing. Even though the order is temporary, it can still affect gun rights. Upon receiving the protective order, you are required to adhere to the gun restrictions.

Violating the order can lead to criminal charges. Temporary protective orders usually last up to 20 days, but a judge can extend them if necessary. The order remains in place until the court holds a hearing for a permanent order.

  • Permanent Protective Orders

After holding a full hearing, the court can issue a permanent restraining order. At this hearing, both sides have the opportunity to present evidence and testimony. The judge then decides whether family violence occurred and whether it is likely to happen again. If the court makes this finding, it can issue a final protective order against you.

These orders carry more lasting consequences than temporary orders. One of the most important consequences involves firearm restrictions. Texas law allows courts to place strict limits on firearm possession after issuing a permanent order. Final protective orders usually last up to two years. However, they can last longer in serious cases involving violence or repeated offenses.

During the duration of the restraining order, possession of a firearm can lead to new criminal charges. If the court issues a restraining order against you for a domestic violence arrest or conviction, you must check the firearm restriction condition. This helps ensure you comply with all court orders and restrictions.

Bail Conditions Imposed by a Judge

Another way you could lose your gun rights in a domestic violence case is through bail conditions. After a domestic violence arrest in Texas, you can secure a release on bail. Bail allows you to leave jail and move on with your life while the case continues. However, the judge may attach strict conditions to your release. These conditions protect the alleged victim and reduce the risk of further violence.

These rules take effect immediately after release from jail. Violating any of these conditions can lead to serious consequences. A common condition involves restrictions on firearm possession. In many domestic violence cases, judges restrict access to guns. This means that you cannot possess or control any firearm while the case is pending.

In addition to preventing you from purchasing and owning firearms, the court can set restrictions on where firearms can be present. In some cases, the court may order you not to enter any locations where firearms are stored or used. Restricted access to firearms will remain in effect unless the case is terminated or the presiding judge amends the order.

Individuals who had legal possession of firearms before arrest must abide by all court-imposed restrictions. Violating bail conditions can result in immediate consequences. Possible outcomes of a bail violation hearing include:

  • Revocation of bail

  • Arrest and return to jail

  • Additional criminal charges

Because of the risk of additional charges, you should follow all the conditions that the court imposes after your release on bail for domestic violence.

Domestic Violence Convictions and Gun Rights

You will face firearm restrictions after a criminal conviction for domestic violence. In Texas, family violence can attract felony or misdemeanor charges. The extent of the alleged harm and the defendant’s criminal history can impact the nature of the charges.

Felony Domestic Violence Convictions

Felony convictions have much more severe consequences. These include prison time, fines, and even firearm restrictions. Examples of felony domestic violence offenses include:

  • Aggravated assault with a deadly weapon

  • Continuous violence against the family

  • Assault by strangulation

  • Violation of protective orders involving assault

Under Texas law, people convicted of felonies generally cannot possess firearms. There is a limited exception that allows a felon to possess a firearm only at their residence. However, the exception applies after five years of your release from confinement or supervision. Federal law may impose additional firearm restrictions even when Texas law allows possession. Therefore, felony convictions result in permanent firearm restrictions.

Domestic Violence Misdemeanor Convictions

Many domestic violence cases in Texas involve misdemeanor assault charges. A common charge is Class A misdemeanor assault involving family violence. If you are convicted under this statute, the firearm restrictions may apply. Under Texas Penal Code 46.04, a person convicted of a misdemeanor involving family violence cannot possess a firearm.

This restriction remains in place for five years after completing their sentence. Sometimes, the court may sentence you to probation instead of jail time for domestic violence. Probation allows you to serve your sentence outside jail. However, it is not available for all defendants. The court can sentence you to probation if you are a first-time offender and your case does not involve causing harm.

Misdemeanor probation can last for up to three years. During this period, the court may prohibit your firearm possession. After the five-year period ends, Texas law can restore your gun rights under certain conditions.

Federal Firearm Restrictions for Domestic Violence

Federal law plays a major role in firearm restrictions after domestic violence cases. Even if Texas law allows you to possess a firearm, federal law may still prohibit it. Because federal law applies nationwide, you must understand these restrictions. The main federal firearms rule appears in 18 U.S.C. § 922(g).

This law lists several groups of people who cannot possess firearms or ammunition. If you fall under these categories, possession of a gun can result in severe legal and collateral consequences. Individuals prohibited from possessing firearms under federal law include:

  • Convicted felons. If you face a conviction for an offense punishable by more than one year in prison, you cannot possess a firearm or ammunition. Some domestic violence offenses attract felony charges. After the conviction, you cannot possess a firearm. Federal law usually permanently prohibits felons from possessing firearms.

  • People convicted of a misdemeanor crime of domestic violence. This includes assault convictions involving a spouse, former spouse, co-parent, or household member.

  • Individuals subject to qualifying domestic violence protective orders. If you are subject to a domestic violence restraining order, the federal law can limit your gun rights.

  • Fugitives from justice. People who are actively avoiding prosecution or fleeing from a criminal charge cannot possess firearms. If you flee while out on bail for domestic violence, firearm restrictions will apply to you.

Domestic violence cases often trigger federal firearm restrictions. These restrictions can apply even if the underlying offense was a misdemeanor. An important feature of federal law is that it imposes stricter limits than Texas law. Under Texas law, the court may restore your firearm rights after some time.

However, federal law may continue to prohibit firearm possession indefinitely. Violating federal firearm laws can result in significant federal prison time and fines. Therefore, if the federal court imposes this restriction, you must honor it.

Impact of Domestic Violence on Handgun Licenses in Texas

You can possess and carry a handgun if you have a Texas license to carry. Domestic violence can affect a person’s ability to obtain or keep a Texas License to Carry (LTC). The law is strict about preventing individuals involved in family violence from carrying a handgun. The key impacts on handgun licenses include:

  • Suspension or revocation of an existing license. If you face a domestic violence conviction or you are subject to a protective order, the court can suspend or revoke your LTC.

  • Ineligibility for new licenses. Individuals with a domestic violence conviction or certain protective orders cannot apply for a license.

  • Restrictions tied to protective orders. Temporary domestic violence protective orders can prevent you from carrying a firearm even when you hold a license.

  • Federal law considerations. Federal prohibitions may make you ineligible for an LTC.

Illegal Firearm Possession After Domestic Violence

Most people lose their right to purchase, possess, or use firearms after a domestic violence conviction in Texas. When you lose this right, you will be at a great risk of criminal charges for violating the specific restrictions. These charges are separate from the original domestic violence case.

Illegal possession often occurs when you misunderstand or ignore the firearm restrictions imposed. After a domestic violence allegation, a judge can issue a protective order against you. With this order in place, you must stay away from the alleged victim. Additionally, you cannot possess a firearm during this time. You could be cited for a violation in this case if you keep a gun in your home or vehicle. Firearm violations can arise under the following circumstances:

Possessing a Firearm While Subject to a Protective Order

If you keep or carry a firearm while a protective order is active, you could face arrest and charges under Texas Penal Code 46.04(c). This offense is a Class A misdemeanor, punishable by:

  • Up to 1 year in county jail

  • A fine of up to $4,000

Possessing a Firearm after a Domestic Violence Misdemeanor Conviction

Texas law prohibits firearm possession for five years after completing the sentence for a domestic violence conviction. Violating this restriction may result in unlawful possession of a firearm. The offense is a third-degree felony, which attracts the following penalties:

  • 2 to 10 years in prison

  • A fine of up to $10,000

Possessing a Firearm after a Felony Domestic Violence Conviction

Felony convictions usually create long-term firearm restrictions. You may face charges for Unlawful Possession of a Firearm by a Felon if you commit this violation. Unlawful firearm possession by a felon is a third-degree felony punishable by:

  • 2 to 10 years in prison

  • A fine of up to $10,000

Violating Federal Firearm Restrictions

Federal law prohibits firearm possession for people convicted of certain domestic violence offenses. Violations of 18 U.S.C. §922(g) are punishable by the following:

  • Up to 10 years in federal prison

  • Significant federal fines

Firearm violations often arise during routine law enforcement encounters. A police officer can discover a firearm during a traffic stop or a domestic disturbance call. Even if you did not use the firearm, being in possession can result in severe legal consequences.

Restoration of Gun Rights

State laws restricting your gun rights due to domestic violence can restore them under specific circumstances. These include:

  • Dismissed charges. Sometimes, the court restricts your gun rights before the case goes to trial. This occurrence can happen after a restraining order is issued or bail is released. If the domestic violence charge is dismissed, the court can restore your rights.

  • Deferred adjudication. Texas law sometimes allows deferred adjudication probation. If you complete probation, the judge can dismiss your case. In this case, the court can lift the firearm restrictions.

  • Completed misdemeanor sentence. For misdemeanor family violence convictions, Texas law allows firearm possession again five years after the sentence ends.

Find a Competent Criminal Defense Lawyer Near Me

Domestic violence cases in Texas can create serious consequences beyond criminal penalties, including restrictions on the right to own or carry a firearm. An arrest or conviction for these offenses can impact your right to own or carry a firearm. Gun restrictions may arise at several stages of a case. These include the issuance of protective orders, the setting of bail conditions, and criminal convictions. In addition to state laws, the federal court can impose firearm restrictions. Some restrictions are temporary, while others can last for many years or even permanently.

Texas and federal laws both regulate firearm possession, resulting in complicated rules. Sometimes, you may be eligible to restore your rights under state laws, but the federal law imposes a restriction. Violating these restrictions can lead to serious criminal charges. If you are facing domestic violence charges in Texas, you should hire and retain a skilled attorney.

At Andrew Deegan Criminal Attorney at Law, we offer expert legal counsel to clients facing domestic violence charges in Fort Worth, TX. Call us at 817-689-7002 to discuss your case.