Family Violence Charges in Texas
An allegation of family violence can change your life overnight.
An argument becomes a 911 call.
A heated moment becomes an arrest.
And suddenly you are facing criminal charges, bond conditions, and possibly a protective order that keeps you out of your own home.
Under Texas law, family violence charges carry serious and lasting consequences. Early strategy matters.
What Is “Family Violence” Under Texas Law?
Texas defines family violence in Texas Family Code § 71.004 and prosecutes these cases under various provisions of the Texas Penal Code.
Generally, family violence involves:
Causing bodily injury to a family or household member
Threatening imminent bodily injury
Assault against a dating partner
Assault against a spouse, former spouse, parent of a child, or household member
The most common charge is Assault Causing Bodily Injury – Family Member under Texas Penal Code § 22.01.
Even a minor injury—redness, soreness, or a scratch—can support a charge.
What Level of Offense Is It?
In Texas:
A first-time family violence assault is typically a Class A misdemeanor (up to 1 year in jail and a $4,000 fine).
If there is a prior family violence conviction, the charge can be enhanced to a third-degree felony (2–10 years in prison).
Allegations involving strangulation or impeding breathing are charged as a third-degree felony, even with no prior record.
Repeated conduct can result in higher-degree felony charges.
Enhancements matter. A prior conviction—even from years ago—can dramatically change exposure.
Immediate Consequences After Arrest
Family violence cases move quickly in Texas.
Within days, you may face:
A magistrate’s emergency protective order
Bond conditions prohibiting contact
Firearm restrictions
Orders requiring you to leave your home
Protective orders can last from weeks to years and may affect:
Child custody
Employment
Professional licenses
Immigration status
Even if the complaining witness later wants to “drop the charges,” that decision belongs to the State—not the alleged victim.
Why These Cases Are Different
Family violence cases are often built on:
911 recordings
Body camera footage
Photographs
Statements made in the heat of the moment
Jurors are instructed to take these allegations seriously. Prosecutors frequently pursue cases even when the complainant is reluctant.
And unlike many misdemeanor cases, a family violence conviction:
Cannot be sealed through nondisclosure
Triggers federal firearm restrictions
Can affect future felony enhancements
The long-term consequences can exceed the immediate punishment.
Common Defense Issues
Every case turns on facts. But common defense angles include:
Self-Defense
Texas law allows reasonable force in self-defense. Context matters.
Defense of Property or Third Person
In certain circumstances, force may be legally justified.
Lack of Intent
Accidental contact is not criminal assault.
Credibility Issues
Inconsistent statements, prior disputes, or motive to fabricate can be critical.
Overcharging
Some cases are filed as family violence when the legal elements are questionable.
Early investigation—before memories shift and evidence disappears—can materially affect the outcome.
Protective Orders
Separate from criminal charges, courts may issue:
Temporary ex parte protective orders
Final protective orders lasting up to two years (or longer in some cases)
Protective order hearings are civil proceedings but carry serious consequences. They can affect gun rights and custody arrangements.
These hearings require preparation. They are not informal conversations.
Family violence cases are often emotionally charged and legally complex.
A conviction can:
Permanently mark your record
Affect custody rights
Restrict firearm ownership
Increase penalties for future allegations
But an arrest is not a conviction.
Many cases are defensible. Some can be reduced. Some can be dismissed. Others require strategic negotiation.
The key is responding early and deliberately.