Under Texas state law, many crimes fall under the umbrella of family violence crimes — assault, continuous family violence, or a violation of a protective order. The severity of these offenses ranges from misdemeanors to felonies.
Whether you’re facing accusations of domestic assault or violation of a protective order, our experienced Dallas defense attorneys can protect your rights while handling your case with the discretion it deserves. Contact us today for a free consultation.
Family Violence Charges in Texas
Domestic violence in Texas is addressed under existing laws, such as assault statutes and definitions of family violence, which apply specific legal terms and penalties when the crime involves family or household members.
Family Violence
Under Texas Family Code § 71.004, family violence encompasses:
- When a family or household member intentionally, knowingly, or recklessly hurts someone else, it is considered an act of family violence under Texas law.
- A threat of imminent bodily injury that causes a family or household member to fear harm may constitute family violence.
- Dating violence, defined under Section 71.0021 of the Texas Family Code
Under Texas law, relationships that qualify under family violence statutes include:
- Current or former spouses
- Current or former dating partners
- Parents of the same child
- Blood relatives or relatives by marriage
- Household members, including those who previously lived together
- Foster parents and foster children
This broad definition means that family violence charges can arise from incidents involving not just immediate family members.
Continuous Violence Against Family Members — TPC § 25.11
Under Texas law, this offense occurs when a person commits two or more separate acts of domestic violence within 12 months, even when the acts weren’t previously reported or prosecuted.
Key elements prosecutors must prove:
- The defendant committed at least two separate incidents of assault causing bodily injury under Texas Penal Code § 22.01(a)(1)
- The assaults occurred within a 12-month timeframe
- The acts were committed against a family member, someone in the household, or someone in a dating relationship.
Unlike a single domestic assault charge, continuous family violence is automatically charged as a third-degree felony, punishable by:
- 2 to 10 years in state prison
- Up to $10,000 in fines
- A felony record
What makes this charge particularly challenging is that prosecutors don’t need prior convictions to pursue this offense—they only need to prove the separate incidents occurred. Our defense strategies focus on challenging the evidence of these alleged separate incidents and protecting your rights throughout the process.
Assault — TPC § 22.01
Assault is one of the most frequent offenses in family violence cases, often based on misunderstandings or false allegations. Texas law defines this charge broadly, which can lead to accusations even in situations involving accidental contact or self-defense.
Under Texas Penal Code § 22.01, the prosecution must prove one of the following acts:
- Intentionally, knowingly, or recklessly hurting another person (TPC § 22.01(a)(1)).
- Intentionally or knowingly threatening someone with imminent bodily injury (TPC § 22.01(a)(2)).
- Intentionally or knowingly making physical contact in a manner that is offensive or provocative (TPC § 22.01(a)(3)).
A first offense of family violence assault is typically charged as a Class A misdemeanor if it involves bodily injury without aggravating factors. The penalties include:
- Up to one year in jail
- Up to a $4,000 fine
The prosecution may enhance the charge to a third-degree felony if any of the following apply:
- The accused has a prior family violence conviction (TPC § 22.01(b)(2)(A)).
- The incident involved intentionally, knowingly, or recklessly obstructing the normal breathing of the alleged victim (TPC § 22.01(b)(2)(B)).
- The reported victim was pregnant at the time of the offense, and the aggressor knew or reasonably should have known about the pregnancy (TPC § 22.01(b-3)).
A third-degree felony carries penalties of 2 to 10 years of imprisonment and fines of up to $10,000.
Our defense team thoroughly examines every element the prosecution must prove, exposing inconsistencies in witness statements, identifying self-defense circumstances, and protecting your rights against potentially exaggerated or false claims.
Aggravated Assault TPC §22.02
Aggravated assault charges in family violence cases often follow exaggerated claims or situations of self-defense. The prosecution may attempt to escalate a standard assault accusation to this more serious charge by proving:
- The use or exhibition of a deadly weapon during the incident
- Serious bodily injury to the alleged victim
Aggravated Assault is frequently charged as a second-degree felony, carrying potential penalties of:
- 2 to 20 years in prison
- Up to $10,000 in fines
Aggravated Assault may be enhanced to a first-degree felony if committed against a family or household member, with the use of a deadly weapon and serious bodily injury.
Family Violence Charges and Protective Orders
Protective orders in Texas can significantly restrict your rights before a conviction. Courts may issue temporary ex parte protective orders based on an accuser’s sworn statement if they find a clear and present danger of family violence. However, a full hearing must be held before a final protective order is issued.
These orders typically include restrictions that can:
- Force you from your home
- Prevent contact with your children
- Restrict your mobility in certain areas
- Require surrender of firearms
If you’re facing domestic violence accusations or a protective order, it’s crucial to contact an experienced attorney who can help challenge the basis for the order, gather supporting evidence, and prepare a strong defense against criminal charges.
Violation of a Protective Order
The prosecution may pursue additional criminal charges for alleged violations of protective orders, even in cases where the contact was initiated by the protected person. Texas law requires proof that the accused knowingly or intentionally violated the order, but misunderstandings and false allegations can still lead to charges.
A first offense is classified as a class A misdemeanor, but it’s upgraded to a third-degree felony if you have two or more convictions of either violating a protective order or violating a bond condition or if the violation is related to an assault or stalking charge.
Arrests in Family Violence Cases
Unlike some states with mandatory arrest policies, Texas law does not require officers to make an arrest in every domestic violence situation where probable cause exists.
Instead, officers have the discretion to assess the circumstances and determine the most appropriate course of action, which may include making an arrest, referring individuals to support services, or conducting further investigation.
Related Offenses
Family violence cases often intersect with other criminal offenses. Related charges can directly interfere with the defense strategy. Two offenses frequently associated with family violence cases are stalking and resisting arrest.
Stalking
Stalking charges often arise in family violence cases, particularly involving former romantic partners or household members. Under Texas Penal Code § 42.072, stalking happens when someone knowingly engages in repeated conduct that:
- Is directed at a specific person and
- Would cause a reasonable person to:
- Fear bodily injury or death for themselves or a family member
- Fear that an infraction will be committed against their property
- Feel harassed, alarmed, or threatened due to repeated actions with no legitimate purpose
In Texas, stalking is prosecuted as a third-degree felony for a first offense, carrying penalties of:
- 2 to 10 years in state prison
- Up to $10,000 in fines
If there is a prior stalking conviction, the offense becomes a second-degree felony, carrying even more severe penalties of 2 to 20 years in prison.
Resisting Arrest — TPC § 38.03
Under Texas penal code § 38.03, resisting arrest charges frequently take place in family violence allegations, particularly during emotionally charged domestic situations. These charges can complicate an already serious legal dispute.
A resisting arrest charge is typically prosecuted as a Class A misdemeanor, punishable by:
- Up to one year in county jail
- A fine of up to $4,000
- Possible probation conditions
However, if the prosecution can prove the defendant used a deadly weapon during the resistance, the charge elevates to a third-degree felony, carrying harsher penalties.
How a Family Violence Defense Attorney Can Help
Comprehensive Case Evaluation
We review each case, examining police reports, witness statements, physical evidence, and medical records to identify weaknesses in the prosecution’s case and build a strong defense strategy.
Protection of Your Constitutional Rights
Throughout the legal process, we ensure your rights are protected at every step. This includes challenging unlawful searches or seizures, protecting you from self-incrimination, and advocating for your right to a fair trial.
Strong Courtroom Representation
If your case goes to trial, we stand ready to provide aggressive courtroom counsel. Our experienced attorneys cross-examine witnesses to expose inconsistencies, present evidence supporting your defense, and challenge the prosecution’s arguments for the best possible outcome.
Contact Us For A Free Consultation
The laws concerning a domestic violence charge in Texas can be complicated. If you have been charged with domestic violence in the Dallas area, contact domestic violence lawyer RJ Harber to schedule a confidential consultation. RJ Harber and his team are well-versed in Texas domestic violence cases and can defend your case using the insight gained from many years of experience.
Frequently Asked Questions
Is family violence a misdemeanor or felony under Texas Law?
Depending on the circumstances, family violence offenses can be charged as misdemeanors or felonies under Texas law:
- Class A Misdemeanor – Domestic assault involving bodily injury to a family or household member.
- Class C Misdemeanor – Assault that involves threats or offensive contact without bodily injury.
- Third-Degree Felony – If the accused has prior convictions for family violence or the offense involves strangulation, the charge may be elevated to a felony.
What is Deferred Adjudication in Texas?
Deferred adjudication is a form of probation where a judge defers a finding of guilt after a guilty or no contest plea, allowing the person charged to avoid a conviction if they successfully complete all court-ordered conditions. In domestic assault cases, this may include counseling, treatment programs, community service, and restitution. However, not all family violence cases qualify for deferred adjudication, and while there is no conviction, the record may still be accessible unless sealed through a nondisclosure order.
What constitutes family violence in Dallas, TX?
Family violence in Dallas, TX, includes acts of physical harm, bodily injury, or threats of imminent physical harm between family members, household members, or those in dating relationships. Family violence offenses range from domestic assault to aggravated domestic assault, which involves serious bodily injury or the use of a deadly weapon. Other related offenses include continuous violence against the family and violations of protective orders.
What are the consequences of a family violence conviction?
The consequences of a family violence conviction depend on the charge:
- Misdemeanor convictions can lead to up to one year in jail and fines up to $4,000.
- Felony convictions range from 2 to 10 years in prison for a third-degree felony, 2 to 20 years for a second-degree felony, and 5 to 99 years for a first-degree felony.
Can I be charged with family violence even if the supposed victim doesn’t want to press charges?
Yes. In Dallas County and throughout Texas, the decision to pursue family violence charges lies with the prosecutor, not the alleged victim. Even if the victim backs off or doesn’t want to press charges, you may still face prosecution.
What should I do if I’m falsely accused of family violence?
If you’re wrongly accused, it’s crucial to remain silent and contact a Dallas family violence defense attorney immediately. False accusations are a serious matter, and an experienced lawyer can help protect your rights and build a strong defense.
How can a protective order affect me?
A protective order can force you to leave your home, prohibit contact with family members, affect child custody arrangements, and impact your employment and gun ownership rights.
Is self-defense a valid defense in family violence cases?
Self-defense can be a possible defense in family violence cases. However, the specifics of the situation are crucial. An experienced defense attorney can better evaluate if self-defense is an appropriate strategy for your case.
How can a Dallas family violence defense attorney help me?
A skilled attorney can provide legal experience, represent you in court, challenge evidence, negotiate with prosecutors, and work toward a positive outcome. They can also advise you on protective orders, help preserve your constitutional rights, and guide you through the legal system.
Can family violence charges be dropped?
In some cases, prosecutors may reduce or dismiss family violence charges based on available evidence, lack of probable cause, or weaknesses in the prosecution’s case. However, Texas prosecutors often pursue these cases even if the alleged victim does not want to proceed. In certain circumstances, deferred adjudication or plea agreements may be options. An experienced defense attorney may evaluate your case and advise you on possible outcomes.