Texas Legal Definition of Domestic Violence

A Clear Explanation of What Counts as Family Violence Under Texas Law

If you’ve been arrested for domestic violence in Texas — or someone you know has — you may be trying to figure out what the charge actually means. Does it require visible injury? Can it apply to dating partners? What if both people were fighting?

The term “domestic violence” is used in courtrooms, protective orders, and police reports every day — but it’s not a standalone criminal charge. Instead, it’s a legal classification of assault that triggers enhanced consequences under the law.

In this post, we’ll break down what domestic violence means under Texas Penal Code, what types of relationships qualify, and how the law is applied in courts across Harris, Fort Bend, Galveston, and Brazoria Counties.

Domestic Violence Is Legally Called “Family Violence” in Texas

In the Texas legal system, the official term is family violence, defined in Texas Family Code § 71.004. The law recognizes three main categories:

1. Family Violence

Defined as:

“An act by a member of a family or household against another member… that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent harm.”

2. Dating Violence

Defined as:

“An act by an individual against someone with whom they have or have had a dating relationship, that is intended to cause harm or threats of harm.”

3. Abuse of a Child

Any assault or endangerment of a child within the household or family.

In criminal court, these definitions shape how an assault charge is classified — and whether it qualifies as Assault – Family Violence, which comes with enhanced penalties, lifetime firearm restrictions, and other lasting consequences.

What Relationships Qualify as “Family” or “Dating” in Domestic Violence Cases?

The law casts a wide net. Relationships that qualify include:

• Spouses and ex-spouses
• Dating partners (current or former)
• Roommates
• Parents and children
• Siblings or other relatives in the same household
• Co-parents (even if never married)
• People living in the same household, whether or not related

That means an argument with your ex, a shove between roommates, or a loud dispute with a sibling could all be classified as family violence under Texas law — even if the injury is minimal or nonexistent.

What Offenses Are Considered Domestic Violence in Texas?

Domestic violence is not a separate charge. It is usually an assault offense with a family or dating relationship enhancement.

The most common charges include:

Assault – Family Violence (Class A Misdemeanor)

• Intentionally, knowingly, or recklessly causing bodily injury
• Against someone defined as a family or household member

Assault by Threat or Offensive Contact – Family Violence (Class C Misdemeanor)

• Threats or non-injurious contact
• Against a qualifying partner or household member

Assault – Family Violence with Prior Conviction (Third-Degree Felony)

• Second-time offenders face felony charges, even for minor incidents

Assault – Family Violence by Impeding Breath or Circulation (Second-Degree Felony)

• Involving alleged choking or strangulation
• Often prosecuted aggressively, even with minimal physical evidence

See also: What Makes an Assault Case a Felony in Texas?

Is Injury Required for a Domestic Violence Charge?

No. In Texas, bodily injury can be as minor as physical pain. There does not need to be bruising, swelling, or medical documentation. Courts have upheld convictions where the only evidence was:

• A complaint of pain
• A 911 call
• A brief altercation without visible injury

Even a threat of harm — if it causes fear of imminent injury — can result in a Class C misdemeanor Assault by Threatunder family violence classification.

Why the Family Violence Label Matters

A family violence finding adds long-term consequences beyond those associated with regular assault:

• Lifetime firearm ban under federal law
• Protective orders (temporary or final)
• Ineligibility for record sealing
• Enhanced penalties for future arrests
• Custody and visitation complications
• Employment and housing barriers

A conviction or plea with a family violence finding cannot be sealed or expunged, even if deferred adjudication is completed.

That’s why your defense lawyer’s first goal should be to avoid a family violence designation — not just conviction.

How Prosecutors Use the Family Violence Statute

In Harris, Fort Bend, Galveston, and Brazoria Counties, prosecutors have specialized family violence divisions. These teams often:

• File charges aggressively, even without victim cooperation
• Rely on 911 recordings and police testimony over recanting statements
• Seek protective orders at arraignment
• Push for counseling or Batterer’s Intervention and Prevention Programs (BIPP)
• File felony enhancement charges for prior family violence cases

Even first-time defendants can face harsh restrictions, jail time, and reputational damage — especially without a defense attorney familiar with local courtroom policies.

See: Support Resources for Assault Defendants in Harris County

What If the Alleged Victim Doesn’t Want to Press Charges?

In Texas, only the State can dismiss a criminal case. Even if the alleged victim says they want to drop charges or provides a non-prosecution affidavit, prosecutors often continue anyway.

They may pursue:

• Trial without victim testimony
• Use of 911 calls under hearsay exceptions
• Photos, police bodycam, or officer witness statements

See: What Happens After an Assault Arrest in Texas

This is why you must take every accusation seriously — even if you think the case will “go away.”

Can You Be Arrested Without a Warrant?

Yes. In domestic violence cases, police officers are allowed to:

• Arrest without a warrant if they believe family violence occurred
• Separate the parties and make a judgment call at the scene
• Recommend protective orders as part of the arrest process

Many domestic violence arrests happen with limited investigation — and the person arrested may have been trying to de-escalate the situation.

What Should You Do If You’ve Been Charged?

Start by hiring a criminal defense attorney near you who understands:

• The difference between general assault and family violence cases
• How to fight protective orders
• How to avoid a family violence finding in a plea
• When to seek counseling or anger management proactively
• What evidence will (and won’t) hold up in court

The earlier you act, the better your chance of avoiding long-term consequences.

Final Thoughts: Know the Law Before It Labels You

Being charged with Assault – Family Violence isn’t just about one night or one mistake. It can shape your future — from your rights to your relationships to your record.

But knowledge is power. If you know what qualifies as domestic violence under Texas law, you can make informed decisions — and protect yourself with the right legal strategy.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you who understands how to defend against domestic violence allegations in Harris, Fort Bend, Galveston, and Brazoria Counties.

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