Family violence remains a serious issue in Texas, with tens of thousands of cases reported every year. In 2022 alone, law enforcement documented over 254,000 family violence offenses—an increase from 231,207 in 2021. The trend shows a steady rise compared to previous years, indicating just how widespread and persistent the problem has become.
In Texas, family violence covers a wide range of harmful behavior that occurs within families or close relationships. If you’re wondering what is family violence in Texas, it includes physical harm, threats, or abuse against a spouse, partner, child, or other household member. The law doesn’t take these cases lightly.
This article breaks down the legal consequences someone can face if they’re charged with family violence in Texas. We’ll cover the different types of charges, possible penalties, and how a conviction can impact a person’s life in the long term. By the end, you’ll have a clearer understanding of how seriously Texas treats these offenses—and why it matters.
How Texas Defines Family Violence
Texas law defines family violence under Texas Family Code § 71.004. It includes any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family or household member. It also covers threats that reasonably place the victim in fear of imminent harm, even if no physical contact occurs.
“Family” in this context includes spouses, former spouses, parents, children, foster children, siblings, and others living in the same household. It also includes individuals in dating relationships.
Criminal Charges Related to Family Violence
In Texas, family violence can lead to several different criminal charges. The severity depends on the nature of the offense, whether a weapon was used, and whether the accused has a prior history.
Common Charges Include:
- Class C Misdemeanor Assault: For offensive or provocative physical contact (no injury). Punishable by up to a $500 fine.
- Class A Misdemeanor Assault: For causing bodily injury to a family or household member. Punishable by up to 1 year in jail and a fine of up to $4,000.
- Third-Degree Felony Assault: If the accused has prior family violence convictions or if the assault involved choking or strangulation. Punishable by 2 to 10 years in prison and up to a $10,000 fine.
- Aggravated Assault: If a deadly weapon is involved or if serious bodily injury is caused, this can be a second-degree felony or, in some cases, a first-degree felony.
Under Texas Penal Code § 22.01, the presence of prior convictions can quickly escalate charges, even for what may seem like a relatively minor incident.
Protective Orders and Their Impact
Victims of family violence can seek protective orders, which restrict the accused from contacting or going near the victim. Courts may issue:
- Temporary Ex Parte Orders(short-term, without a full hearing)
- Final Protective Orders(last up to 2 years or longer in serious cases)
- Magistrate’s Orders for Emergency Protection(MOEPs) (issued after an arrest)
Violating a protective order is a criminal offense in itself and can lead to additional charges, including jail time.
Long-Term Consequences of a Family Violence Conviction
A family violence conviction in Texas doesn’t just mean jail or a fine—it can carry serious long-term effects:
Firearm Restrictions
Federal law prohibits individuals convicted of misdemeanor family violence from possessing firearms. Texas law also enforces this, and courts often order the surrender of any existing firearms.
Employment and Housing Barriers
Many employers conduct background checks, and a family violence conviction can make it difficult to find or keep a job. It can also limit housing options, especially if landlords screen for criminal records.
Immigration Consequences
For non-citizens, even a misdemeanor conviction can lead to deportation or denial of reentry into the U.S. under federal immigration law.
Child Custody and Family Court
Family violence findings can heavily influence decisions in family court. Judges may restrict custody or visitation rights if a parent has a history of abuse or violence, under Texas Family Code § 153.004.
First Offense vs. Repeat Offender
First-time offenders may receive probation, anger management counseling, or deferred adjudication, depending on the case. However, once there’s a prior conviction, penalties become much more severe.
For example, a second offense can be charged as a third-degree felony—even if the first case was a misdemeanor. Repeat offenses involving strangulation or weapons almost always lead to felony charges and significant prison time.
Final Thoughts
The legal system in Texas treats family violence as a serious criminal matter. Whether it’s a misdemeanor or felony, a conviction can lead to long-lasting consequences that go far beyond jail time. Between protective orders, firearm restrictions, and the impact on jobs, relationships, and parental rights, the effects are often life-changing.
Understanding the law and its consequences is the first step in navigating these complex situations—whether you’re facing charges or trying to protect yourself or someone else.
