Under Texas Penal Code § 22.01, domestic violence, legally recognized as assault family violence, occurs when someone intentionally, knowingly, or recklessly threatens imminent bodily injury or makes provocative physical contact with a family member, household member, or dating partner. Domestic violence is not a standalone crime in itself, but rather an enhancement to the base sentence of assault-related crimes that increases the punishment for the crime based on the relationship between the parties.

This article discusses the classifications, the statutory punishments, and the wide-ranging collateral consequences of domestic violence allegations in Texas. You learn the statutory framework of the Texas Penal Code and the Family Code, covering offenses ranging from misdemeanors to felonies. Additionally, you learn key procedural issues, including emergency protective orders, loss of constitutional rights, and how to defend against criminal charges.

Classifications and Penalties of Family Violence Offenses

Texas domestic violence laws are split into levels based on the extent of the alleged harm and the defendant’s history. Most first-time offenses begin as misdemeanors, but certain aggravating factors can elevate a case to a serious felony.

Class A Misdemeanor Domestic Assault

A standard domestic assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person in a protected relationship under Texas Penal Code § 22.01(a)(1). According to Texas Penal Code § 1.07(a)(8), “bodily injury" is defined as physical pain, illness, or impairment of physical condition. 

It follows that any mark, laceration, or bruising visible to the naked eye is not legally required to secure a conviction; the complainant’s subjective experience of physical pain is legally sufficient. First-time convictions for Class A misdemeanor domestic assault have harsh statutory consequences:

  • A county jail sentence of up to 1 year
  • A penalty of up to $4,000
  • A condition of community supervision pursuant to the Texas Code of Criminal Procedure Art. 42A.504, which requires a Batterers Intervention and Prevention Program (BIPP) completion. 

Felony Domestic Assault by Choking or Strangulation

Texas Penal Code § 22.01(b)(2)(B) makes domestic assault a third-degree felony if the assault includes choking or strangulation. To establish this felony conviction, the prosecution has to prove that you knowingly, intentionally, or recklessly obstructed the normal breathing or blood circulation of the complainant. This is a blockage that occurs when pressure is applied to the throat or neck, or when the nose/mouth is blocked. The consequences of third-degree felony strangulation charges are as follows:

  • Two to ten years of prison time in the Texas Department of Criminal Justice (TDCJ)
  • A maximum fine of up to $10,000
  • A permanent criminal record that will not be expunged or sealed through a non-disclosure agreement

Felony Enhancements for Prior Domestic Violence Convictions

Texas Penal Code § 22.01(b)(2)(A) provides for very specific statutory enhancements for repeat offenses. The state will elevate the charge of a Class A misdemeanor domestic assault to a third-degree felony if you get a new charge of domestic assault and have a prior family violence conviction. The prosecution establishes this enhancement by introducing certified copies of the prior judgment. In Texas, this improvement is for:

  • Any prior criminal record for family violence or dating violence
  • Prior deferred adjudication community supervision for family violence
  • Conviction for continuous violence against the family in the past

The State Of Continuous Violence Against The Family

Texas Penal Code § 25.11 allows the state to prosecute you for continuous violence against the family if you are charged with domestic assault two or more times in 12 months. This is a third-degree felony, and the state does not need prior convictions for the individual offenses. The prosecution is required to prove the following to obtain a conviction under this statute:

  • Two or more domestic assaults in 12 months
  • The conduct is conduct that meets the definition of family violence, household violence, or dating violence
  • The dates of each act do not have to be agreed upon by the jury, so long as they agree that two acts took place within the 12 months

Aggravated Domestic Assault

Texas Penal Code Section 22.02 is the most serious domestic violence charge in Texas. This crime is normally prosecuted as a second-degree felony, which is punishable by 2 to 20 years in prison and a fine of up to $10,000. If you use a deadly weapon and cause great bodily injury (GBI) to a family member, household member, or dating partner, however, the state will upgrade this charge to a first-degree felony, which carries a sentence of 5 to 99 years or life in prison. To establish this crime, the prosecution must prove two elements:

  • Great Bodily Injury – Bodily injury under Texas Penal Code § 1.07(a)(46) that creates a substantial risk of death or that causes death, permanent disfigurement, or the loss or impairment of your body part/organ function.
  • Deadly Weapon—A firearm or anything designed, made, or adapted to cause death or GBI or anything in its use or intended use that could cause death or GBI, under the Texas Penal Code § 1.07(a)(17).

Defining Protected Relationships Under the Texas Family Code

The “domestic” or “family” designation in Texas encompasses a myriad of interpersonal relationships. The prosecutor is only allowed to request the higher penalty that comes with being charged with family violence or dating violence if the specific relationship between the parties exists.

Relatives, Foster Parents, and Household Members

The Texas Family Code defines “family” as including “siblings, parents, and in-laws." It also includes former spouses and parents of the same child, whether or not they were ever married. In addition, the term “household member” in Section 71.005 includes individuals who reside in the same dwelling unit but do not have a familial or romantic relationship. If roommates had a physical altercation, it could be a domestic violence finding, just like it would be if it were between spouses.

The Legal Aspects of Dating Relationships

A casual relationship can be determined to be “dating violence” under Section 71.0021 of the Texas Family Code. The court considers the length, quality, and frequency of the interaction to determine whether a dating relationship existed. Exclusive and long-term are not the only requirements for a relationship to count. 

The domestic violence statutes apply if the parties had a romantic or intimate relationship. This wide definition enables the state to seek family violence enhancements in situations where the former dating partner has not seen the person for years. Consequently, even a brief, previous relationship can easily trigger these stringent statutory penalties and significantly impact your future legal standing.

Collateral Consequences

The unknown danger in a family violence case is the collateral consequences. A “Finding of Family Violence” is a specific finding by the court that places federal and state restrictions on you that remain in effect long after your probation or jail term and impact almost every facet of your professional and personal life.

Civil and Professional Restrictions 

A domestic violence conviction changes your legal status, unlike a regular assault conviction. A final judgment immediately terminates specific constitutional rights. These restrictions can also be permanent and exist even if you are given a relatively light sentence or a period of community supervision. The state and federal governments consider these offenses high-risk and impose the following limitations.

Forfeiture of Firearms Rights (Federal and State)

The federal Lautenberg Amendment prohibits you from possessing a gun after a domestic violence misdemeanor conviction. Possession is also banned for five years after your release from confinement or community supervision, according to Texas Penal Code Section 46.04. 

Any “finding of family violence” renders you permanently ineligible for a Texas license to carry. New, higher-level felony charges may be brought against those who violate these state or federal restrictions. Once a judgment is final, these gun rights are rarely restored.

Professional Licensing and Employment Disqualification

Disciplinary proceedings are often started by professional boards regulating nurses, teachers, and physicians right after the arrest for family violence. Some employers may have a zero-tolerance policy, which means you could be fired on the spot if you are caught. In addition, a family violence finding is a permanent disqualification from being a peace officer or serving in the military. The “Family Member” notation will always show up on your background check. This label is a serious social and professional stigma that can derail your career. Securing new employment becomes significantly more challenging once a basic background check reveals a formal family violence entry on record.

Immigration, Deportation, and Inadmissibility

Domestic violence is a crime of violence or moral turpitude under federal law, which has serious immigration implications. If you are a non-citizen or legal permanent resident, you will be subject to mandatory removal after conviction. It is a conviction for immigration purposes even if the defendant is granted deferred adjudication. Consult with an immigration attorney to understand how these state criminal charges impact your right to remain in the country.

Impact on Divorce and Child Custody Proceedings

Texas Family Code Section 153.004 provides that judges shall take into account evidence of family violence when deciding child custody. You will be subject to a rebuttable presumption that the joint managing conservatorship is not in the child’s best interest. As a result, supervised visitation or even no visitation at all may be allowed. 

In the divorce process, your conviction can be used to request a disproportionate share of the community estate. The results of these tests could change your parentage and financial situation forever.

Protective Orders and Bond Conditions After Arrest

Once arrested, the legal system starts to put in place procedures to keep the parties apart. Often these orders are issued ex parte, meaning without your participation, and can legally prevent you from entering your own home or from seeing your children before you have the opportunity to consult with an attorney.

Magistrate’s Order for Emergency Protection (MOEP)

The court will issue an emergency protective order when you first appear before a magistrate. A MOEP is issued immediately at your initial magistrate's hearing and remains in effect for 31 to 91 days, depending on whether a deadly weapon was allegedly brandished during the offense. It bans you from threatening or harassing the alleged victim and often mandates that you maintain a certain distance between your home and the victim’s home and/or workplace. 

If the arrest was made in connection with the use of a deadly weapon or the infliction of serious bodily injury, the magistrate must make this order. Any violation of MOEP will be treated as a separate criminal violation, which may result in re-arrest and cancellation of your bond.

Contact Restrictions and Bond Reductions

The bond amount for family violence charges can differ greatly among counties in Texas. A typical misdemeanor bond in Tarrant County can be issued for $1,000, and a felony strangulation bond may start at $10,000. These amounts can be doubled depending on the magistrate’s risk assessment in Dallas or Harris County. 

In addition to the financial expense, your bond will nearly always contain a “no-contact” clause. This will not allow you to return to your common residence, even to retrieve your property, without a police officer present. These are the conditions you must follow if you don’t want to be jailed while your defense attorney works on your case.

Defending Against Domestic Violence Allegations

The allegation does not equate to a conviction. In the State of Texas, the state bears the burden of proving all the elements of the assault beyond a reasonable doubt. A strategic defense is the process of checking the evidence, including 911 recordings, medical reports, and others, to find inconsistencies in the prosecution’s story.

Asserting Self-Defense and Defense of Property

You are legally permitted to use force to prevent unlawful interference with your physical safety, personal property, or habitation. When the confrontation results in physical injury, establishing a valid self-defense claim justifies the force used and serves as a complete defense, clearing you of criminal liability. 

Your lawyer needs to prove your response was appropriate to the threat you were presented with in the dispute. These facts will help you to prove that your actions were not a criminal assault.

Challenging Witness Credibility and False Allegations

In Texas, many domestic violence arrests are the result of “he-said, she-said” situations where no witnesses or physical evidence is found, and police take the word of one party. Your attorney can make a point of the underlying reasons for false charges, including the complainant’s desire to secure an unfair advantage in a divorce or child custody case. 

When the initial 911 call does not align with what the victim later tells the police, it can be a powerful weapon against the prosecution. Additionally, your personal electronic correspondence, such as text messages, social media posts, and emails, often contains crucial background information that challenges the victim’s story. 

These contradictions will help you prove that the allegations are not reliable enough to convict of a crime. The most effective way to attack the state’s evidence and prove the charges are completely baseless is to conduct a thorough investigation of the complainant’s credibility.

Pre-Trial Diversion and Eligibility for Case Dismissal

Some Texas counties, such as Tarrant County, have programs that are specifically for first-time offenders charged with family violence that are designed to provide pre-trial diversion. If you complete these programmatic requirements, you can have the criminal charges against you formally dismissed, which would end the state’s prosecution of you. 

These diversion programs are strictly reserved for first-time offenders with clean criminal records who demonstrate a high potential for rehabilitation. Prosecutors and judges consider the gravity of the situation when determining whether to allow entry into these rehabilitative avenues. 

One of the most important goals is to obtain a dismissal in a diversion program, which could eventually lead to a petition for expunction. A legal process that allows you to have the record of your arrest removed, keeping a future job and housing application from being impacted by a domestic violence charge. Talk to your lawyer about these options to maximize your chances of keeping your record and reputation clean.

Find a Criminal Defense Near Me

When a family violence allegation is made, there is no time to waste. This is a serious case that requires an immediate and complex legal response to avoid a single incident attracting harsh penalties. Prompt action enables you to preserve evidence, interview witnesses, and file motions to reduce bond or modify restrictive protective orders. Your freedom, your rights, and your reputation should be your lawyer’s top priorities. 

With decades of courtroom experience, Andrew Deegan Criminal Attorney at Law is ready to defend you. We provide complimentary initial consultations for defendants in Fort Worth, TX, to provide the clarity and support they need to take the next step with confidence. Give us a call today at 817-689-7002 to begin building a strong defense against these domestic violence charges.