Dating Violence: What Texas Law Says

How Texas Defines Dating Relationships in Domestic Violence Cases — and Why It Matters

Most people associate “domestic violence” with spouses or live-in partners. But in Texas, you don’t have to be married, live together, or even currently be in a relationship to be charged with family violence. If you’re involved in a dating relationship — past or present — you can be charged with Assault – Family Violence under the law.

This post explains what counts as dating violence under Texas law, how these cases are prosecuted, and what to do if you’ve been accused in Harris, Fort Bend, Galveston, or Brazoria County.

Texas Law Recognizes “Dating Violence” as Family Violence

Under Texas Family Code § 71.0021, dating violence is legally defined as:

“An act, other than a defensive measure to protect oneself, by an individual against another with whom that person has or has had a dating relationship… that is intended to result in physical harm, bodily injury, assault, or a threat of harm.”

That means if you’ve ever dated the person — even briefly — and are accused of assault, your case can be classified as family violence, with all of the same legal consequences.

What Qualifies as a “Dating Relationship”?

Texas courts define a dating relationship as:

• A continuing relationship of a romantic or intimate nature
• Based on the length of the relationship, frequency of interaction, and the expectation of affection or sexual involvement

This includes:

• Boyfriends and girlfriends
• Casual romantic relationships
• Recently ended relationships
• People who went on several dates or interacted romantically online

It does not include:

• Purely platonic friendships
• Co-workers or casual acquaintances without a romantic component

However, if law enforcement believes there was any romantic intent, they may classify it as dating violence and file Assault – Family Violence charges.

Examples of Dating Violence Charges

Here are common scenarios where dating violence charges are filed in Texas:

• A boyfriend and girlfriend have an argument that turns physical
• An ex-partner calls the police during a heated confrontation
• A first date escalates to shoving or threats
• A dating relationship ends badly, and one party alleges harassment or assault

See: Who Can Be Charged with Domestic Violence in Texas?

Even if the relationship was short or informal, prosecutors may proceed with a family violence case if any evidence supports the relationship definition.

Why Dating Violence Classification Matters

Once a charge is classified as dating violence, it is treated as Assault – Family Violence, which triggers:

• Lifetime federal firearm ban
• Ineligibility for expunction or nondisclosure (if a family violence finding is entered)
• Protective orders that may restrict contact, housing, or parenting rights
• Felony enhancements for any future incident involving the same or a different partner

Even if you’re offered deferred adjudication or probation, the family violence label may follow you permanently unless your lawyer negotiates it out.

See: Family Violence vs. Domestic Violence: What’s the Difference?

How Courts in Harris, Fort Bend, Galveston, and Brazoria Counties Handle Dating Violence Cases

Harris County

• Has dedicated Family Criminal Law Division
• Judges routinely issue emergency protective orders (MOEPs) at arraignment
• Prosecutors often move forward without victim cooperation

Fort Bend County

• Offers Batterer’s Intervention and Prevention Programs (BIPP) as probation conditions
• Prosecutors often seek pleas with family violence findings, even on first offenses

Galveston County

• Known for more conservative treatment of dating violence
• Courts likely to issue no-contact orders and restrict firearm rights

Brazoria County

• Strict enforcement of dating violence cases
• Rarely dismisses cases without strong legal motions
• Judges often include parenting restrictions in final orders if children are involved

See: Types of Domestic Violence Charges in Harris, Fort Bend, Galveston, and Brazoria Counties

What If You’ve Reconciled With the Alleged Victim?

Texas prosecutors do not need the alleged victim’s cooperation to pursue a dating violence case.

Even if the person:

• Files a non-prosecution affidavit
• Recants or apologizes
• Wants to continue the relationship

The case may still move forward using:

• Bodycam or 911 recordings
• Officer testimony
• Photos or witness statements

Your criminal defense attorney near you can file motions to dismiss or suppress evidence — but time is critical.

See: How Your Attorney Can Help Reduce or Dismiss Charges

What If There Was No Injury?

Texas law only requires bodily injury, which can mean:

• Physical pain without visible marks
• Redness or swelling
• A claim of being shoved, grabbed, or slapped

Even verbal threats may result in Class C misdemeanor dating violence charges if they place the person in fear of harm.

See: Texas Legal Definition of Domestic Violence

How to Protect Yourself If Charged

If you've been accused of dating violence in Southeast Texas:

• Do not contact the other person, even if they reach out
• Obey all protective order conditions
• Document any messages, prior incidents, or false accusations
• Contact a criminal defense attorney near you immediately

Your attorney can:

• Challenge the dating relationship classification
• Negotiate for dismissal, reduction, or deferred adjudication without a family violence finding
• Fight protective orders that may affect housing or employment

See: Support Resources for Assault Defendants in Harris County

Final Thoughts: Dating Violence Charges Are Serious — Even Without a Long-Term Relationship

Many people are shocked to learn that a brief relationship — or even a heated breakup — can lead to serious criminal charges under Texas law. The “dating violence” classification carries all the same consequences as spousal abuse or live-in partner allegations.

If you’ve been charged, act quickly to protect your record, your rights, and your future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you who defends dating violence cases in Harris, Fort Bend, Galveston, and Brazoria Counties.

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