Family violence is defined by Chapter 71.004 of the Texas Family Code as acts by one member of a family or household against another member of that same family or household with the intent of bodily injury, physical harm, or sexual assault. 

No harm needs to occur; reasonable fear that physical harm is imminent is enough to meet the threshold. And you don’t need to currently live in the same household.

Also commonly called domestic assault, it is by far the most common assault charge we see, and is the second most common charge in Texas, behind Larceny/Theft.

Anytime family violence is reported to police, the stakes are exceptionally high. There could be long-term implications within your family, and a conviction carries a major social stigma. You’ll need an experienced lawyer on your side.

Definition of Assault and Family Violence in Texas

Texas law categorizes domestic violence as family violence. The Texas Penal Code defines it as: 

• An act by a member of a family or household against another family or household member that is intended to cause physical harm, bodily injury, assault, or sexual assault
• A threat that places the victim in fear of imminent physical harm, bodily harm, assault, or sexual assault but does not include defensive measures to protect oneself
• Abuse of a child by a family or household member (reasonable child discipline is excluded)
• Dating violence

In Texas, family violence laws not only apply to incidents that involve people who currently live together but also those who have previously lived in the same household, whether they are related to each other or not.

Family violence includes any of the following relationships:

• Past and current spouses
• Past and current dating partners
• Past and current roommates or co-residents
• Parents and children
• Foster parents and children
• Parent of a child not in the same household
• Relatives (by blood, marriage, or adoption)

Penalties are more severe when family violence cases involve children. The best thing you can do if you are being accused of violence against a family member is to contact a defense lawyer you can trust.

Types of Family Violence and Penalties

Family violence cases are tough on everyone involved. When a family member contacts police to report an incident, it’s almost certain someone will be going to jail – even if the call was simply for help de-escalating a tense situation. Police officers often don’t know the full story or the family dynamic, and they aren’t willing to risk the possibility of additional violence if they leave the scene.

There are different degrees of family violence, and charges range from a misdemeanor to a first-degree felony. It depends on the circumstances of the case, and whether there are factors that will enhance the charge. 

There are three primary family violence charges in Texas:

• Assault on a family member
• Continuous violence against the family
• Aggravated assault on a family member

Each has different aggravating factors and penalties.

Assault on a Family Member

Assuming there are no aggravating factors, assault on a family member—or assault bodily injury against a family member — may result in a Class A misdemeanor charge.

Maximum penalties include:

• Up to 1 year in jail
• Up to a $4,000 fine

Furthermore, if the act were committed by a man against a woman, it would be considered a crime of moral turpitude. This can be used against you in court for unrelated proceedings and will be a red flag in record checks.

Continuous Violence Against the Family

If you’ve committed assault against a family member more than once within 12 months, you could be charged with continuous family violence, which elevates an assault charge from a Class A misdemeanor to a third-degree felony.

It doesn’t matter whether or not the original assault(s) resulted in charges. It also doesn’t matter if the separate assault incidents targeted the same victim or different family members — it will still be considered continuous family violence.

Maximum penalties include:

• Jail sentence lasting between 2 and 10 years
• A fine of up to $10,000

Aggravated Assault on a Family Member

The Texas Penal Code defines aggravated assault as an act that:

• Causes serious bodily injury
• Uses or displays a deadly weapon during the assault

Aggravated assault is typically a second-degree felony.  However, the state’s Family Code enhances the charges to a first-degree felony.

Maximum penalties include:

• Between 5 and 99 years in prison
• Up to $10,000 in fines

Prior convictions can raise the minimum jail time to 15 years. Furthermore, aggravated sex offenses can lead to a life sentence.

Other Consequences of Family Violence Charges

Family violence consequences can extend beyond the arrest and charges. A protective order could be issued, and that could affect child custody arrangements and even whether you can access your home. Additionally, depending on your U.S. immigration status, you may be at risk of being deported.

• Protective orders: This is a court-issued injunction to protect household members from family abuse, stalking, domestic violence, human trafficking, and other forms of harassment. They usually restrict the actions of anyone who is accused of committing family violence. 
• Deportation: A family violence conviction is likely to lead to deportation, whether the offense is a misdemeanor or a felony. You are not required to spend time in police custody to be deported., and probation will qualify as a conviction. 

Potential Defenses Against Family Violence Charges

It’s particularly common for the person who reported the original incident to decide that they don’t wish to press charges. If that happens, we can work to obtain an Affidavit of Non-Prosecution. This is a sworn statement signed by the complaining witness (“victim”) stating that they do not want the defendant to be prosecuted and they want all charges to be dismissed.

It’s also important to remember that no matter what type of assault charge you face, you are innocent unless proven guilty, and guilt must be established beyond a reasonable doubt. An experienced attorney will review your case to look for potential weaknesses.

This can include:

• Inconsistent testimony
• You have an alibi that establishes you were elsewhere at the time
• The act was self-defense or defending others
• Questionable bodycam footage
• Lack of credible proof
• False allegations
• Mistaken identity
• Lack of DNA evidence

Family Violence Statistics

Types of Family Violence in Texas in 2022

The Texas Department of Public Safety compiles family violence offense data according to federal Unified Criminal Reporting guidelines, so statewide statistics don’t necessarily conform to Texas state definitions. For federal purposes, family violence offense information falls into five categories: assaults, homicides, kidnapping/abductions, robberies, and sex offenses. However, the relationships required to face family violence charges remain the same as the state’s definition.

Relationship of Victim to Offender in Domestic Assault Cases

Simple assault was the most common family violence offense in 2022.

Offense	Total cases	Total %
Assaults
Simple assault	177,432	69.76%
Aggravated assaults	35,322	13.89%
Intimidation	25,260	9.93%
Homicides
Murder and non-negligent manslaughter	467	.18%
Negligent manslaughter	60	.02%
Justifiable homicide	8	.001%
Kidnapping/abduction
Kidnapping/abduction	3,445	1.35%
Robberies
Robbery	1,432	.56%
Sex offenses
Rape	4,990	1.96%
Fondling	3,575	1.48%
Sodomy	1,372	.54%
Sexual assault with an object	692	.27%
Incest	101	.04%

There were a total of 251,260 family violence cases in Texas in 2022. Female family members were the most common victims.

Victim/ offender connection	Total cases	%
Marital (21.87%)
Wife	26,920	10.71%
Common-law wife	7,922	3.15%
Husband	9,409	3.74%
Ex-wife	6,363	2.53%
Common-law husband	2,339	.93%
Ex-husband	2,000	.80%
Parent/child (16.75%)
Mother	15,191	6.05%
Daughter	8,789	3.5%
Son	6,180	2.46%
Father	5,834	2.32%
Stepdaughter	2,144	.85%
Stepfather	1,785	.71%
Stepson	1,417	.56%
Stepmother	735	.29%
Foster parent	1	.0001%
Foster child	0	0%
Other family (61.38%)
Other female family member	87,028	34.64%
Other male family member	29,162	11.61%
Sister	9,210	3.67%
Brother	7,257	2.89%
Female roommate	6,901	2.75%
Male roommate	6,218	2.47%
Female in-law	2,526	1.01%
Male in-law	1,939	.77%
Grandmother	1,507	.60%
Granddaughter	879	.35%
Stepsister	451	.18%
Grandfather	514	.20%
Grandson	397	.16%
Stepbrother	242	.10%

Potential Defenses Against Family Violence Charges

It’s particularly common for the person who reported the original incident to decide that they don’t wish to press charges. If that happens, we can work to obtain an Affidavit of Non-Prosecution. This is a sworn statement signed by the complaining witness (“victim”) stating that they do not want the defendant to be prosecuted and they want all charges to be dismissed.

Other defenses:

• Inconsistent testimony
• You have an alibi that establishes you were elsewhere at the time
• The act was self-defense or defending others
• Questionable bodycam footage
• Lack of credible proof
• False allegations
• Mistaken identity
• Lack of DNA evidence

More Commonly Asked Questions

What’s the Difference Between a Protective Order and a Restraining Order?

A protective order is issued by a court to protect someone from harassment, abuse, stalking, or threats by another person. They are typically issued in family violence cases, but they can also be issued in other situations where your safety is at risk.

Restraining orders are typically issued in civil cases, including divorces and lawsuits.

READ MORE: What is a protective order in Texas?

What is an Affidavit of Non-Prosecution?

An Affidavit of Non-Prosecution is a sworn statement from a victim stating that they do not want a defendant to be prosecuted and want all charges dismissed. They’re common in family violence cases when one partner decides they want to drop all criminal charges after a domestic dispute.

What is Considered “Reasonable Discipline” for a Child in Texas?

In Texas, “reasonable discipline” refers to moderate disciplinary measures parents or guardians are permitted to take to manage or correct their child’s behavior. It typically includes spanking or other non-injurious physical contact. Cruelty or grossly negligent behavior is not acceptable.