Criminal Mischief and Property Damage in Domestic Disputes: 6 Ways These Charges Arise in Texas Homes

Not all domestic violence charges involve physical harm to a person — in many cases, damaging property during a domestic argument can lead to criminal charges. Texas law treats these incidents seriously under the umbrella of criminal mischief, especially when they occur between family or household members.

Many people don’t realize that breaking a phone, punching a hole in the wall, or damaging a shared vehicle during a heated argument can result in an arrest — and a criminal record.

In this post, you’ll learn how property damage during domestic disputes is prosecuted, what counts as “criminal mischief,” and why a lawyer near you is essential when facing these charges.

Table of Contents

1. What Is Criminal Mischief in Texas?
2. How Does Property Damage Become a Domestic Violence Offense?
3. What Are Common Examples in Domestic Disputes?
4. What Are the Penalties for Criminal Mischief?
5. How Can a Criminal Mischief Charge Affect Custody or Protective Orders?
6. Why You Need a Lawyer Near You Immediately

1. What Is Criminal Mischief in Texas?

Under Tex. Penal Code § 28.03, criminal mischief occurs when a person intentionally or knowingly:

• Damages or destroys the tangible property of another;
• Tampers with property causing monetary loss or substantial inconvenience; or
• Makes markings (graffiti) on the property of another.

It’s important to understand that ownership matters. You can be charged even if the damaged property:

• Belongs to a family member,
• Is co-owned or shared (such as a jointly owned car or apartment), or
• Is used primarily by the other person (like a personal cell phone or TV).

2. How Does Property Damage Become a Domestic Violence Offense?

When the property damage occurs during a domestic dispute — involving spouses, romantic partners, roommates, or family members — it often gets classified as a family violence-related offense, even if no physical injury occurred.

Police responding to a domestic disturbance may arrest for criminal mischief if:

• They see broken items or damaged walls
• One party accuses the other of acting out violently
• There is a history of family violence at the location

This can result in:

• A family violence finding under Tex. Code Crim. Proc. art. 42.013, even without physical assault
• Protective orders restricting contact or return to the home
• Child custody implications in ongoing family court cases

3. What Are Common Examples in Domestic Disputes?

Criminal mischief charges can stem from a wide range of conduct in heated situations. Examples include:

• Throwing and breaking a phone or laptop
• Punching a wall or breaking doors/windows
• Keying a car during an argument
• Damaging photos, clothing, or sentimental items
• Destroying or hiding someone’s passport or identification
• Pouring liquids on electronics or personal items

The State often uses photographs, 911 calls, witness testimony, and bodycam footage to support the charge — even if the victim later declines to cooperate.

4. How Can a Criminal Mischief Charge Affect Custody or Protective Orders?

A criminal mischief conviction — particularly with a family violence finding — can have long-term consequences, including:

• Protective orders barring return to the residence
• Loss of custody or visitation rights
• Mandatory counseling or anger management
• Ineligibility to own or possess firearms

Even deferred adjudication may still include a permanent family violence finding under Tex. Fam. Code § 71.004, which cannot be sealed or expunged.

5. Why You Need a Lawyer Near You Immediately

These charges may seem “minor” compared to assault, but they carry real consequences. A criminal mischief arrest during a domestic dispute can lead to:

• A permanent criminal record
• Protective orders limiting access to your home or children
• Firearm restrictions
• Probation conditions like counseling and restitution

A skilled attorney near you can:

• Challenge the alleged value of the damage
• Argue lack of intent (e.g., accident vs. intentional act)
• Negotiate for pretrial diversion or dismissal
• Protect your custody rights during family court overlap
• Push back against false or exaggerated claims

Final Tip: Take Property Damage Allegations Seriously

If you’ve been arrested for criminal mischief during a domestic dispute, don’t assume the situation will “blow over.” These charges are often used to support protective orders, limit custody, or establish a pattern of violence.

At Walker Law Office, attorney Mekisha Walker brings her experience as both a prosecutor and defense attorney to help you fight these emotionally charged and often misunderstood allegations.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you today.