An evening disagreement turns heated. Police are called. Before you fully understand what’s happening, you’re arrested for domestic violence in Texas. Now, on top of criminal charges, you’re worried about your career, especially if you currently hold a professional or state license.
For many Texans in regulated professions, such as nurses, teachers, engineers, real estate agents, dentists, doctors, and lawyers, a criminal conviction doesn’t just threaten your freedom, a domestic violence charge can jeopardize the future of the professional license you’ve worked for years to obtain. A criminal charge for domestic violence or assault in Texas can lead to licensure reviews, disciplinary hearings, and even license revocation. Especially if your assault is deemed a crime involving moral turpitude (CIMT). CIMTs are crimes of dishonesty, fraud, deceit, or depraved/immoral behavior that violate societal duties. Domestic violence cases involving weapons or certain extreme behavior can be labeled as CIMTs, drastically increasing the risk of a professional license review hearing or license revocation.
In this article, we outline strategic options, relevant laws for Texas licensed professionals, and potential penalties when dealing with domestic violence criminal charges while having a professional license in Texas. There isn’t a “one-sized fits all” approach to these types of cases, but there are several important things to consider if you have been arrested while holding a professional license in Texas.
Key Takeaways: Domestic Violence Charges and Professional Licenses in Texas
- A domestic violence charge can threaten more than your criminal record. In Texas, licensed professionals may face board investigations, disciplinary hearings, suspension, or even license revocation after a domestic violence arrest or conviction.
- The final outcome of the criminal case matters. Licensing boards are generally more concerned with whether the case ends in a conviction, deferred adjudication, dismissal, or other court action than with the initial allegation alone.
- Felony allegations, weapons, and moral turpitude issues increase risk. Domestic violence cases involving strangulation, weapons, repeat allegations, or conduct viewed as morally disqualifying often receive greater scrutiny from Texas licensing boards.
- Many licensed professionals have reporting duties. Nurses, doctors, teachers, attorneys, dentists, and other regulated professionals may be required to report criminal convictions or final court action within a short deadline.
- Early legal strategy can help protect your career. A strong defense aimed at dismissal, reduction, or another non-conviction outcome can significantly improve your chances of protecting your professional license and reputation in Texas.
Texas Law on Domestic Violence
Texas law defines family violence, in Section 71.004 of the Family Code, as an act by a family or household member against another intended to cause physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places a person in fear of imminent harm. Charges for domestic violence can be classified in the following ways:
- As a class A misdemeanor if there are no aggravating factors;
- As a third-degree felony assault, with aggravating factors such as an allegation of strangulation, prior convictions, or having two assault charges brought in a 12-month period (known as Continuous Family Violence); or
- As a second-degree felony charge, or higher, if serious bodily injury occurred or weapons were involved.
Texas professional licensing boards frequently consider the nature and degree of the criminal offense. Licensing boards also look at how the facts of the situation relate to your ability to perform your job safely and ethically.
Texas licensing boards will not automatically suspend a license for an allegation of domestic violence, but they are much more likely to suspend a person’s license that is convicted, acted with a weapon, or their case becomes a conviction for a crime involving moral turpitude. The original allegation matters, but it is factually and legally correct to say that the end result of a case matters more than the original criminal charge brought.
How Licensing Boards View Criminal Convictions
Licensing agencies may deny a new application, temporarily suspend, or completely revoke a Texas professional license if you’re convicted of a crime that:
- Directly relates to your professional role,
- Involves moral turpitude, or
- Poses a threat to the safety of the public you serve in your professional capacity.
Domestic violence cases often fall into these categories because boards may see the case as a sign of poor judgment, a risk to the physical safety of clients or patients, or the inability to uphold professional standards. If the assault is charged as a felony or involves a weapon, the case is much more likely to be viewed as involving moral turpitude. Even if your job duties have nothing to do with physical contact, Texas state licensing boards have broad discretion to determine whether the court action taken or final conviction impacts your fitness to continue in the profession. This is why securing the best result in your criminal case really matters for those holding a Texas professional license.
Can You Lose Your License for Domestic Violence in Texas?
Yes, you can lose your license after a criminal conviction for domestic violence in Texas. Depending on the facts of your case and the court action taken, you may lose your license even without a conviction, but this is usually only in instances involving a CIMT or a weapon. This is why it is important to get a legal team to help you that has extensive experience with handling family violence charges and experience with getting successful outcomes.
Losing a state license for domestic violence is a genuine concern for working professionals in Texas, especially for those in healthcare, education, law, and other regulated fields. Licensing boards often initiate an investigation after learning of an arrest or conviction. Most boards will wait until a case is over to make a final decision on what discipline they will issue. Some professions require you to self-report the new charge within a certain time period after arrest, for example:
- Nurses and medical professionals. The Texas Board of Nursing (BON) and Texas Medical Board (TMB) review arrests for crimes of violence and can impose probation, suspension, or license revocation for both nurses and other licensed medical professionals. The Texas Nurse Practice Act requires nurses to report criminal convictions to the Board of Nursing within 30 days of the conviction or to report court action on any criminal charge that could affect their license.
- Teachers. The State Board for Educator Certification can revoke or deny certification for offenses involving moral turpitude or violence. Teachers must report a crime of “moral turpitude” within 48 hours to their superintendent. Failure to report can lead to investigation, disciplinary action, or certification revocation by the Texas Education Agency (TEA).
- Real estate agents. The Texas Real Estate Commission (TREC) considers violent offenses in determining fitness for licensure. TREC only requires you to report within 30 days in situations where your case involves fraud, but TREC reserves the right to consider all criminal history for Texas licensed Real Estate Agents.
- Attorneys. The State Bar of Texas takes character and fitness very seriously and may suspend, discipline, or disbar attorneys that are seen as violent or commit crimes involving moral turpitude. Attorneys must provide a report to the Chief Disciplinary Counsel (CDC) of the State Bar within 30 days of a conviction or final court action. Under Rule 8.03 of the Texas Disciplinary Rules of Professional Conduct, attorneys must understand and comply with State Bar inquiries and maintain complete candor with the CDC before, during, and after their criminal case.
- Physicians. Licensed physicians must report a conviction or court action, including deferred adjudication, within 30 days to the Texas Medical Board. Also, when applying for a new license or renewing a license with the TMB, applicants must disclose all arrests, charges, and convictions. Texas Occupations Code 164.051 explains when disciplinary action or a refusal to allow a professional may take place in Texas.
- Dentists. Licensed dentists must report a conviction or final court action, including deferred adjudication, within 30 days to the Texas State Board of Dental Examiners. Also, dentists must timely respond to requests for information from the Board on the status of their criminal case. Also, when applying for a new license or renewing a license, applicants must disclose all arrests, charges, and convictions.
The disciplinary process is typically a separate proceeding from your criminal case. You could face professional penalties, even without a conviction, if the board finds your conduct violates ethical standards. Also, failure to report final court action can prevent the individual from keeping or renewing their state license.
How a Domestic Violence Conviction Can Affect Your Career
Consequences vary, but common outcomes include:
- License suspension or revocation. Losing your ability to practice or work in your field until the board reinstates you.
- Probation or monitoring requirements. Conditions may include counseling, anger management, or regular reporting to the board.
- Drug or alcohol treatment. If alcohol or other drugs were involved in your case, state boards have been known to require treatment before reinstating a license.
- Fines or administrative penalties. These additional costs are on top of criminal court fines.
- Employment challenges. Employers may terminate contracts or refuse to hire based on pending charges or convictions.
The reputational damage alone can make it difficult to rebuild your career, especially in competitive or trust-based professions.
Domestic Violence and Medical License Risks
Healthcare providers face unique scrutiny because patient safety, public trust, and ethical conduct are central to medical practice. Healthcare professionals work in a physical capacity with their coworkers and patients. For this reason, the physical safety of patients and colleagues is paramount in maintaining the profession. A misdemeanor assault conviction can trigger mandatory reporting to the National Practitioner Data Bank, which other states and employers can access. Texas physicians must report criminal convictions and final court action within 30 days to the TMB. Failure to timely report can lead to separate disciplinary action.
Legal Strategies and Defenses to Protect Your Professional License
A strong defense in your criminal case can significantly help protect your professional license. There is nothing better than being able to report to the licensing body a dismissal or outcome that does not include a conviction in your criminal case. Common defense strategies include:
- Challenging the evidence—involves questioning witness credibility, highlighting inconsistent statements, uncovering weak facts in the prosecution’s case, and highlighting a lack of physical evidence.
- Self-defense—demonstrates your actions were necessary to protect yourself or another person from imminent unlawful harm.
- False accusations—provides evidence of ulterior motives, fabricated charges, or mistaken identity to demonstrate that the accusations are baseless.
- Lack of intent—aims to prove the act was accidental or lacked the specific intent required by law.
- Lack of injury—if the physical injury or lack of injury presented does not match the allegations, this can be a significant blow to the criminal case.
- Protecting property—while this is a fact-specific defense. It is legal to use reasonable force to stop others from damaging, stealing, or vandalizing your property. This right of protection is strongest at night as events and intentions can be harder to discern in a nighttime setting.
If charges are dismissed, reduced, or resolved through deferred adjudication, you may have a greater chance of keeping your license or limiting disciplinary action at all. A conviction or enhanced charge greatly increases the chance that the charge will be seen as disqualifying or as involving moral turpitude.
Steps to Protect Your Professional License After a Charge
If you’ve been arrested for domestic violence and a professional license is at stake, act quickly to:
- Notify your licensing board promptly if required by law or regulation;
- Hire a criminal defense attorney familiar with both criminal and licensing board procedures;
- Gather character references, employment history, and evidence of community involvement; and
- Comply fully with any bond conditions or court orders to avoid additional violations or issues.
Taking proactive steps shows the court and your governing board that you take the matter seriously and are committed to resolving concerns.
Why Professionals Turn to Our Firm to Protect Their Licenses and Reputations
At Austin Hagee Law Firm, we understand that a domestic violence arrest threatens not only your freedom but also your career and reputation. We have extensive trial experience and a deep understanding of Texas law, and we approach each defense with precision and strategic planning. Our firm will protect your legal rights and your livelihood. Furthermore, we have years of experience with criminal defense and domestic violence charges.
Our firm has consistently been called upon to help clients and their families with domestic violence charges in the state of Texas. We have worked on hundreds of domestic violence cases and have gotten the vast majority of those charges dismissed or placed on non-conviction probation (deferred adjudication). This is done through meticulous evidence review, aggressive advocacy, and fearless trial work. Our legal team has had more than 100 family violence charges dismissed and our attorneys have been recognized for this work in SuperLawyers, Forbes, SA Scene Magazine, SA Current and more.
Our firm is mission-driven, and we only take a select few cases that are a fit for our team. Our mission is to help good people through hard times with the goal of restoring families. We don’t just help people with their case, we try to help them and their families get back to the best possible place after their case is completed. For our firm, this isn’t just a legal practice, it’s a calling to help people do better going forward both personally and professionally.
A domestic violence charge can pose severe risks to your career. Acting quickly to address the legal and licensing consequences significantly improves your chances of safeguarding your professional future. We are here to help you contest the charges and defend your professional career. Contact us by submitting a form or calling us today at 726-223-6041.
FAQs: Domestic Violence Charges and Professional Licenses in Texas
Can a domestic violence charge affect my professional license in Texas?
Yes. A domestic violence charge in Texas can trigger a review by a professional licensing board, especially if you work in healthcare, education, law, real estate, dentistry, or another regulated field. Depending on the facts and final court outcome, you could face monitoring, suspension, or license revocation.
Will I automatically lose my license if I am arrested for domestic violence in Texas?
Not usually. An arrest alone does not always mean you will lose your professional license. However, boards may investigate the incident, and certain allegations involving weapons, serious injury, or conduct viewed as especially concerning can put your license at greater risk even before the criminal case is fully resolved.
Does a domestic violence conviction matter more than the original charge?
Yes. In many professional license cases, the final result matters more than the initial allegation. A dismissal, reduction, or non-conviction outcome is often far better for protecting a Texas professional license than a conviction or other adverse court action.
Do Texas licensing boards care about misdemeanor domestic violence charges?
Yes. Even a misdemeanor domestic violence conviction can create licensing problems if the board believes the conduct reflects poor judgment, creates safety concerns, or raises ethical issues related to your profession. The case does not have to be a felony to cause professional consequences.
Can a felony domestic violence case increase the risk to my professional license?
Absolutely. Felony allegations, especially those involving strangulation, repeat accusations, serious injury, or weapons, often receive more scrutiny from Texas professional licensing boards. These cases are more likely to be viewed as disqualifying or as grounds for harsher discipline.
Do nurses, doctors, teachers, lawyers, and other licensed professionals have to report a domestic violence case?
Many do. Reporting requirements vary by profession and board, but licensed professionals in Texas may have a duty to report criminal convictions, final court action, or disciplinary matters within a short deadline. Failing to report can create separate licensing problems.
Can I keep my professional license if my domestic violence case is dismissed?
Often, yes. A dismissal generally puts you in a much stronger position before a Texas licensing board. Even then, you may still need to disclose the incident or address questions from your board, but a dismissal is typically far better than a conviction when protecting your professional future.
Will my employer find out about my domestic violence arrest?
Possibly. Employers and licensing boards may learn about arrests through public records, background checks, self-reporting obligations, or third-party monitoring services. For many licensed professionals, the employment risk begins well before the criminal case is over.
How can a criminal defense lawyer help protect my professional license?
A defense lawyer can work to challenge the evidence, expose weak facts, pursue dismissal or reduction, and position the case for the best possible licensing outcome. A strong legal strategy can also help you navigate reporting obligations and prepare for board scrutiny after a domestic violence charge in Texas.
What should I do right away if I hold a professional license and get charged with domestic violence in Texas?
Act quickly. You should determine whether your profession has a reporting requirement, avoid violating bond or court conditions, gather helpful records and character evidence, and speak with a criminal defense attorney who understands both domestic violence defense and professional license consequences in Texas.
Resources:
- Texas Medical Association, TMB Adopts New Requirements on Reporting Conviction Details, Negligence Suits, link.
- Texas Department of Licensing & Regulation, Guidelines for License Applicants with Criminal Convictions, link.
- Texas Occupations Code, Grounds for Denial or Disciplinary Action, Sec. 164.051, link.
- U.S. Department of Health & Human Services, National Practitioner Data Bank, link.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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