A domestic violence accusation can shatter your life in a heartbeat, altering your reality and future in ways you never imagined.
Perhaps a heated argument with your partner spiraled out of control, or false allegations of abuse toward your child have left you scrambling to defend your name.
Now you’re wondering, What will happen next? How serious are these charges for domestic violence? Is family violence a felony in Texas?
Texas takes allegations of family or domestic violence seriously. Regardless of the circumstances, your next steps can mean the difference between reclaiming your future and facing lasting consequences.
Below, we provide an overview of Texas’s domestic violence charges and how to defend against these accusations with the help of a knowledgeable San Antonio domestic violence attorney.
For immediate assistance, please call (210) 455-1000 or reach us online today. We offer free consultations.
Understanding The Definition Of Domestic Violence In Texas
In Texas, domestic violence, legally known as “family violence,” includes various harmful behaviors aimed at controlling a family or household member through threats or harm.
These actions may include:
- Physical harm—hitting, slapping, pushing, or choking;
- Threats of harm—verbal or non-verbal threats that instill fear;
- Emotional abuse—psychological manipulation or intimidation; or
- Sexual abuse—coercion or unwanted sexual activity.
Family or household members can include spouses, ex-spouses, individuals in a dating relationship, roommates, and even co-parents.
Tex. Penal Code § 22.01 outlines assault and family violence offenses, while the Texas Family Code defines family violence broadly to include physical harm, bodily injury, assault, or a threat reasonably feared as imminent.
Types Of Domestic Violence Charges In Texas
There are three primary types of domestic violence charges in Texas.
Domestic Assault
This involves intentionally causing bodily injury, threatening harm, or engaging in offensive physical contact. Depending on the circumstances, this charge can range from a Class A misdemeanor to a felony.
Aggravated Domestic Assault
This charge involves serious bodily injury or the use of a deadly weapon and is typically charged as a second or first-degree felony.
Continuous Family Violence
You can be charged with this crime if you’re accused of two or more domestic violence incidents against a family or household member within 12 months. This is classified as a third-degree felony.
Factors such as the type of offense, the severity of the victim’s injuries, and the accused’s criminal history can affect the severity of the charge.
Is Domestic Violence A Felony Or Misdemeanor In Texas?
The classification of domestic violence as a misdemeanor or felony depends on the circumstances of the case.
Misdemeanor domestic battery charges apply to most first-time cases.
Typically, such first-time incidents are Class A misdemeanors, carrying up to 1 year in jail and a fine of up to $4,000.
Factors such as prior convictions, the use of a weapon, or causing serious injury can escalate the charge to a felony.
Texas law specifies that even a misdemeanor conviction can escalate future charges to a felony, demonstrating how critical it is to mount an effective defense even if it is your first offense.
What Is The Punishment For Domestic Violence In Texas?
The penalty for domestic violence can vary widely based on the charge and circumstances:
- Third-degree felony—2-10 years in prison and fines of up to $10,000;
- Second-degree felony—2-20 years in prison and fines of up to $10,000; and
- First-degree felony—5-99 years in prison and fines of up to $10,000.
A conviction can also result in non-criminal consequences, including losing firearm rights, challenges in obtaining employment or housing, and damage to your reputation.
Examples Of Domestic Violence Or Abuse In Texas
Physical Assault During An Argument
A man is charged with domestic assault after his spouse claims he pushed her during a heated disagreement. Although there were no visible injuries, the allegation led to his arrest.
Threats With A Weapon
A woman is accused of aggravated domestic assault after allegedly brandishing a knife and threatening her partner during an altercation. The charge is elevated due to the involvement of a deadly weapon.
Continuous Family Violence
A father is charged with continuous family violence after two separate incidents of alleged physical abuse against his teenage child within a six-month period.
False Allegations Leading To Arrest
A roommate falsely accuses another of hitting them during an argument over rent. Despite no evidence of injury, law enforcement proceeds with an arrest due to the accusation.
These examples highlight the complexity and diversity of domestic abuse charges that require the experience of a skilled domestic abuse defense attorney.
Strategies For Defending Against Domestic Violence Allegations
Developing a strong defense against accusations of domestic violence calls for a careful review of the facts and evidence.
Common defenses include the following:
- Self-defense—demonstrating that actions were necessary to protect oneself from harm;
- False accusations—showing that the allegations are fabricated or exaggerated;
- Lack of evidence—challenging the prosecution’s ability to prove the charge beyond a reasonable doubt based on the evidence; and
- Consent—arguing that the alleged victim’s actions were consensual in cases involving physical contact.
With the right defense strategy, it’s possible to challenge the allegations and achieve a favorable outcome.
Fowlks Law Firm Is Your Partner In Justice
You don’t have to let domestic violence charges in Texas impact your life. The legal system may feel overwhelming, but a knowledgeable and compassionate domestic violence defense attorney can guide you through it while protecting your rights. At Fowlks Law Firm, we understand what you are going through. Whether you’re facing false allegations or a misunderstanding, we are committed to fighting for your future and the best possible outcome.
Contact us online or call (210) 455-1000 today for a free, confidential consultation and take the first step toward reclaiming your life.
Resources:
- Texas Code of Criminal Procedure Chapter 5. Family Violence Prevention, link
- Family Violence Division. Bexar County District Attorney’s Office, link
- Family Violence Unit – Texas Law. Houston Police Department, link
- Definitions of Domestic Violence – Texas. Child Welfare Information Gateway, link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
