What is a family violence charge in Texas?
Texas has no offense called "family violence." It is an ordinary assault charge under Penal Code §22.01, plus a finding under Code of Criminal Procedure art. 42.013 that the assault involved family violence as the Family Code defines it: an act by one family or household member, or dating partner, against another. Assault causing bodily injury is a Class A misdemeanor, up to a year in jail. It becomes a third degree felony if the accused has a prior family violence conviction or if the assault involved choking, and a second degree felony when both are present. Two or more assaults within twelve months can be charged as continuous violence against the family, a third degree felony on its own. The finding is what lasts: it enhances every future case and ends the right to possess a firearm.
- "Bodily injury" means any pain. A grabbed arm that hurt is enough for the Class A charge; no mark is required.
- Choking is the fault line: applying pressure to the throat or neck, or blocking the nose or mouth, turns a first offense into a 2 to 10 year felony.
- The family violence finding cannot be sealed by expunction and never expires. It is the real penalty.
- A finding bars firearm possession for five years under Texas law and for life under federal law.
- A recanting complainant does not end the case. Dallas County prosecutes without the complaining witness routinely.
Family violence cases are decided in the first 48 hours more than any other charge in Texas: an arrest at the house, an emergency protective order at magistration, a bond condition that keeps the accused out of their own home, and a statement given before anyone has slept. Peter M. Barrett has defended family violence cases in Dallas County since 1994, across more than 150 jury trials, and the case review is free and confidential. This guide covers how the charges are graded, what the finding does, and where the defense begins.
The family violence ladder
| Charge | What it takes | Level | Range |
|---|---|---|---|
| Assault by threat or offensive contact, family violence | Threat of imminent injury, or contact the person finds offensive | Class C misdemeanor | Fine up to $500, with the finding |
| Assault family violence, bodily injury | Intentionally, knowingly, or recklessly causing bodily injury to a family or household member or dating partner | Class A misdemeanor | Up to 1 year in jail, $4,000 fine |
| Assault family violence, enhanced | A prior family violence conviction, or impeding breath or circulation (choking) | 3rd degree felony | 2 to 10 years |
| Assault family violence, prior and choking | Both a prior conviction and impeding breath or circulation | 2nd degree felony | 2 to 20 years |
| Continuous violence against the family, §25.11 | Two or more bodily injury assaults against family or household members within 12 months, whether or not either was charged | 3rd degree felony | 2 to 10 years |
Two details in the enhancements surprise people. The prior conviction that enhances does not have to be an assault: convictions under the assault chapter, homicide, kidnapping, indecency with a child, continuous violence, and violation of a protective order against a family member all count. And for continuous violence, the jury does not have to agree on which two incidents happened or when, only that two occurred within a year.
Who counts as family
The Family Code definitions are broad. "Family" includes relatives by blood or marriage, former spouses, parents of the same child, and foster relationships. "Household" means anyone living in the same dwelling, related or not, including former members. "Dating violence" covers current and former dating relationships. Roommates, exes, and a partner who moved out last year are all inside the statute, and the finding applies to all of them.
The finding is the sentence
- It is permanent. A family violence finding stays on the judgment and in the databases; it cannot be expunged and a Class A with the finding cannot be sealed by nondisclosure.
- It enhances everything after it. Any later family violence assault, even a minor one years later, is charged as a third degree felony because of the prior finding.
- It ends firearm possession. Under Penal Code §46.04(b), possessing a firearm within five years of release is a Class A misdemeanor. Under federal law, 18 U.S.C. §922(g)(9), a misdemeanor crime of domestic violence conviction is a lifetime prohibition, up to 15 years for possession.
- It follows into civil life. Custody disputes, protective order hearings, professional licensing, immigration, housing, and employment screening all treat the finding as a fact about the person.
Because the finding does the lasting damage, the goal in most family violence cases is not merely a lighter sentence but a resolution that carries no finding at all: dismissal, a plea to an offense without it, or an acquittal.
The first 48 hours
- Arrest at the scene. Texas officers arrest on probable cause in family violence calls, and the person arrested is usually whoever the responding officer decides was the primary aggressor, on a few minutes of information.
- Emergency protective order. The magistrate can issue an order at the first appearance that bars the accused from the home and from contact, typically for 31 to 61 days, and longer where a weapon was involved, before any evidence is heard. Violating it is a separate crime.
- Bond conditions. No contact and stay-away conditions are standard; a text from the accused to the complainant, even a conciliatory one, can mean re-arrest.
- The statement. "We were both pushing each other" is a confession to bodily injury. Nothing said at the scene or at the station helps; counsel does.
Where family violence cases are won
- Self-defense and mutual combat. Who struck first, who was the aggressor, and whether the force was proportionate are the core issues, and the 911 call, photographs, and injuries on the accused matter as much as those on the complainant.
- The choking element. The jump from misdemeanor to felony turns on whether breathing or circulation was actually impeded; medical evidence and the complainant's own description decide it.
- Prosecution without the complainant. When the complaining witness does not want to proceed, the State relies on 911 recordings, bodycam, and medical records. Whether those are admissible without the witness is contested in every such case.
- The relationship element. Whether the parties are "family," "household," or "dating" under the Family Code is a fact the State must prove, not assume.
- Outcome without a finding. Pretrial diversion, a plea to a non-family-violence offense, or a negotiated dismissal after counseling are real outcomes in Dallas County when the defense has the facts organized early.
Common questions
Is assault family violence a felony in Texas?
A first offense causing bodily injury is a Class A misdemeanor, up to a year in county jail. It is a third degree felony, 2 to 10 years, if the accused has a prior family violence conviction or the assault involved choking, and a second degree felony, 2 to 20 years, when both are present. Two or more assaults within twelve months can be charged as continuous violence against the family, a third degree felony.
Can the case be dropped if my partner does not want to press charges?
Not automatically. In Texas the State is the complainant, not the partner. Dallas County prosecutes family violence cases without the complaining witness using the 911 call, bodycam, photographs, and medical records. The witness's wishes matter to the outcome, but the case ends only when the prosecutor dismisses it or a jury acquits.
What is the family violence finding and can I get rid of it?
It is a notation the judge must enter under article 42.013 when a Title 5 offense involved family violence. It cannot be expunged after a conviction and a conviction carrying it cannot be sealed. It enhances future charges and triggers state and federal firearm prohibitions. The way to avoid it is to resolve the case without a conviction that carries it.
Can I own a gun after a family violence conviction?
Under Texas law, not for five years after release from confinement or supervision. Under federal law, a misdemeanor crime of domestic violence conviction is a lifetime ban on possessing any firearm or ammunition, punishable by up to 15 years. The federal rule has no five year window, and it is the one that controls.
What happens if I contact my partner while the protective order or bond condition is in place?
Violating a protective order or a no-contact bond condition is its own offense and a ground for revoking bond, even if the partner initiated the contact or wants to reconcile. Every communication should go through counsel until the condition is lifted by the court.
When should I call a lawyer?
Before the first court appearance if at all possible, because the emergency protective order and bond conditions are set there, and before any statement to police in every case. The consultation is free and confidential: (214) 526-0555, answered 24/7 for emergencies.
The law this article describes, at the source.
- Tex. Penal Code §22.01: assault, including the family violence and choking enhancements
- Tex. Penal Code §25.11: continuous violence against the family
- Tex. Fam. Code §71.004: family violence defined
- Tex. Code Crim. Proc. art. 42.013: the affirmative finding
- Tex. Penal Code §46.04: firearm possession after a family violence conviction
- 18 U.S.C. §922(g)(9): the federal prohibition
- Tex. Code Crim. Proc. art. 17.292: emergency protective orders, 31 to 61 days (61 to 91 with a deadly weapon)
- Tex. Gov't Code §411.074: no nondisclosure for family violence offenses or findings
This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed criminal defense attorney about your specific facts. Request a free, confidential case review.