Domestic Violence Offenses in Texas

In Texas, a person who is accused of domestic abuse may face charges under Chapter 22 – Assaultive Offenses of the Penal Code or violation of Sec. 71.0021 or 71.003 of the Family Code.

In domestic violence (DV) situations, a person may be accused of:

• Assault
• Sexual assault
• Aggravated assault
• Dating violence
• Family violence
• Continuous violence against the family

Unfortunately, in some situations, a person may make false accusations of domestic abuse. This is most often seen in instances where there is a child custody dispute or other contentious family law matter. If you have been falsely accused of assault, you need to consult with an experienced Houston domestic violence lawyer immediately.

Assault Against a Spouse

Under Texas law, a person commits an assault if they “intentionally, knowingly, or recklessly” cause bodily injury, threaten imminent bodily injury, or cause physical contact that they know the other person will consider offensive or provocative. 

Assault under Sec. 22.01 can be committed against any member of the family or household including the alleged perpetrator’s spouse. In most cases, an assault is considered a Class A misdemeanor punishable by up to one year in jail and a fine not to exceed $4,000. However, under certain circumstances, the relationship between the offender and the victim may increase the charges to a felony of the third degree.

Close Relationships and Associations

Where the victim in a domestic abuse case is in a close relationship or association with the defendant, there may be additional charges and penalties. 

The Texas Family Code identifies the following “close” relationships:  

• A person with whom the offender has had a dating relationship (“continuing relationship of a romantic or intimate nature”);
• Individuals related by consanguinity or affinity;
• Spouses, former spouses, or individuals who share a child;
• Foster parents and children; and 
• Members of a household, including people who previously lived in the household.

Sec. 22.01 of the Texas Penal Code states that when an assault is committed against one of these people, and it can be shown that the defendant was previously convicted of an assaultive offense, criminal homicide, kidnapping, indecency with a child, or continuous violence against the family they may be charged with a felony punishable by up to 10 years in prison and a fine not to exceed $10,000.

Domestic Violence Defenses

Being charged with domestic violence or domestic assault does not mean that you will ultimately be convicted of the offense. It is important to note, however, that family violence cases are strictly prosecuted in the state. The best way to protect your rights and fight for your freedom is to secure legal representation immediately after accusations are made against you.

There are several defenses to domestic violence allegations, including:

• Self-defense
• Defense of a third-person
• False allegations of domestic abuse
• Lack of intent (an accident that wasn’t done intentionally, knowingly, or recklessly)

A common misconception in domestic assault cases is that the prosecution cannot go forward if a person decides that they no longer want to press charges. Once the police respond to a call of domestic assault, they will generally air on the side of caution and file a report. The prosecutor can then press charges even if the victim later decides not to go forward.