When people face a misdemeanor assault family violence charge, they often focus on the immediate penalties: possible jail time, probation, and a fine. What they frequently miss—until it’s too late—are the two permanent, life-altering consequences that come with an “affirmative finding of family violence.” These aren’t just temporary punishments; they are lifelong restrictions that strip away fundamental rights, even after you’ve completed your sentence.
An affirmative finding is a formal designation by the court that the offense involved family violence. This finding triggers federal and state laws that impose severe, irreversible penalties far beyond the scope of a typical misdemeanor. If you are facing these charges, understanding these consequences is not just important—it’s critical to protecting your future.
A gavel and a crossed-out firearm, symbolizing the permanent loss of gun rights from a family violence finding.
An affirmative finding of family violence carries a hidden life sentence: the permanent loss of your Second Amendment rights.
The Permanent Loss of Your Second Amendment Rights
This is the most well-known yet devastating consequence. Under 18 U.S.C. § 922(g)(9), a federal law often called the “Lautenberg Amendment,” anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from shipping, transporting, possessing, or receiving firearms or ammunition.
This ban is for life. It applies regardless of the sentence you receive. Even if you get deferred adjudication probation and avoid a final conviction, a family violence finding can still trigger this federal firearm ban. There is no “waiting period” or legal pathway to restore these rights for a misdemeanor family violence offense. For many, this permanent disarmament is a more severe punishment than any jail sentence.
The Closed Door: Why a Family Violence Finding Blocks Record Sealing
Many people hope that after they complete their sentence, they can eventually seal their record through an expunction or, more commonly, a non-disclosure order. This is a standard path for many other misdemeanors, allowing people to move on with their lives without the public stigma of a criminal record.
An affirmative finding of family violence slams this door shut.
Under Texas Government Code Section 411.081(i), a person is not eligible for an order of non-disclosure if the offense is a crime involving family violence, as defined by the Texas Penal Code.
This means the record of your case will remain permanently public. Any potential employer, landlord, or educational institution conducting a background check will be able to see it. Unlike other charges, a family violence finding truly is a “permanent record” that you can never escape. It blocks the very mechanism designed to give people a second chance.
What Constitutes an “Affirmative Finding of Family Violence”?
An affirmative finding isn’t automatic. The judge must make a formal determination and enter it into the court’s judgment. This typically happens in two ways:
- You plead guilty or are found guilty, and the judgment specifically includes the finding.
- The charging instrument (the complaint or information) alleges that the assault was against a family or household member, and you plead guilty to that specific allegation.
This is why the strategy your attorney employs from the very beginning is so critical. The goal isn’t just to avoid jail time; it’s to avoid this specific, damaging finding altogether.
Fighting the Finding: Your Defense Strategy is Everything
Because the collateral consequences are so severe, a skilled defense must focus on preventing the affirmative finding. This requires a more aggressive approach than simply negotiating for probation.
Potential defense strategies include:
- Challenging the Evidence: Was there a lack of physical evidence or independent witnesses? Were the allegations exaggerated or made with an ulterior motive during a divorce or custody dispute?
- Arguing Self-Defense: The Texas Family Code’s definition of family violence explicitly excludes defensive measures to protect oneself. We can assert that your actions were a justified response to an imminent threat.
- Negotiating for an Alternative Charge: In some cases, it may be possible to negotiate a plea to a different, non-family violence offense (like simple assault) that does not carry the same lifelong penalties.
- Taking the Case to Trial: If the state’s case is weak, going to trial may be the only way to avoid the finding and the permanent consequences that come with it.
Family Violence Affirmative Findings: FAQs
Does this apply to all assault charges?
No. This applies specifically to assault charges where the victim is defined as a “family or household member” under Texas law, which includes spouses, former spouses, dating partners, parents of your child, and relatives by blood or marriage.
What if the alleged victim wants to drop the charges?
While the prosecutor may consider the victim’s wishes, the state ultimately decides whether to pursue the case and the affirmative finding. The victim cannot simply “drop” the charges, and their desire to do so does not automatically prevent the lifelong penalties.
Is there any way to get my gun rights back?
For a misdemeanor with an affirmative finding of family violence, there is currently no legal mechanism to restore firearm rights under federal law. A pardon is the only potential remedy, which is exceptionally rare.
Plano Family Violence Defense Attorney
At Starr Law, P.C., we understand that a family violence case is about much more than the immediate sentence. We are fighting for your future, your rights, and your reputation. With vast experience defending against these specific charges, we know how to build a defense aimed at one primary goal: avoiding the affirmative finding of family violence.
We are not plea-bargain lawyers who will rush you into a deal that permanently strips you of your rights. We are trial-tested attorneys who will meticulously investigate your case, challenge the prosecution’s evidence, and fight for an outcome that allows you to move forward with your life.
Don’t let a single allegation define your future forever. The decisions you and your attorney make now will last a lifetime.
Contact Starr Law, P.C. today for a confidential consultation. We are ready to defend you. Call us at 214-982-1408.
References
- Texas Government Code, Section 411.081(i)
- 18 U.S.C. § 922(g)(9) (Lautenberg Amendment)
- Texas Family Code, Section 71.004
