Family Violence vs. Other Assault Charges in Texas

Not all assault charges are treated the same in Texas. When an alleged assault involves a spouse, partner, roommate, or other qualifying household member, the case is prosecuted as family violence—and the consequences are far more severe than for other assault charges.

If you’ve been accused, it’s critical to understand the difference between assault and family assault in Texas and why prosecutors push these cases so aggressively.

Why Prosecutors Treat Family Violence Differently

The State of Texas considers family violence not just a private dispute, but a public safety issue. Prosecutors view it as part of a broader mission to protect vulnerable individuals, prevent future violence, and send a message that these cases will not be ignored.

This means:

• Even if the alleged victim wants to “drop” the charges, the State may refuse.
• Prosecutors often pursue protective orders to limit your access to your home or children.
• A conviction carries special collateral consequences, like a permanent family violence finding on your record and a lifetime ban on firearm possession.
  

In other words, family violence cases are treated more harshly than ordinary assault, even when the facts are similar.

Simple Assault vs. Family Violence Assault

A “simple assault” under Tex. Penal Code § 22.01 may involve threats, unwanted contact, or minor injury to another person. Without a family or household connection, this is often charged as a Class C or Class A misdemeanor.

But the same conduct can become family violence assault if the alleged victim is a spouse, dating partner, roommate, foster relative, or other household member defined by Tex. Fam. Code § 71.003.

This distinction alone makes the penalties—and the long-term impact—much worse.

Aggravated Assault vs. Family Violence

Aggravated assault usually involves a deadly weapon or serious bodily injury. When paired with a family or household relationship, aggravated assault is almost always prosecuted as a serious felony. Convictions can carry decades in prison.

Family violence enhancements mean that aggravated assault in this context carries even steeper consequences, including mandatory prison sentences in certain cases.

Continuous Violence Against the Family

Texas law also creates a unique offense called continuous violence against the family (Tex. Penal Code § 25.11).

This charge applies if the State alleges:

• Two or more assaults against a family or household member within a 12-month period, and
• The acts do not need to have resulted in arrest or conviction.
  

This is a third-degree felony, carrying 2 to 10 years in prison, even if each incident would have been a misdemeanor on its own.

Why You Need a Domestic Assault Attorney Near You

Understanding the difference between assault and family assault in Texas is not just a legal technicality—it can determine your freedom, your future, and your rights.

An experienced domestic assault attorney near you can:

• Challenge the State’s use of the “family violence” label
• Expose weak or inconsistent evidence
• Push back against protective orders and firearm bans
• Work to reduce or dismiss charges before trial

Take Action Now

If you’re facing assault charges in Harris, Galveston, Fort Bend, or Brazoria County, you cannot afford to wait. Prosecutors will not back down on family violence cases—so neither should you.

Call Walker Law Office today at (713) 228-2611 or contact us online. Speak directly with a skilled domestic assault attorney near you who knows how to fight these cases in local courts.

Next Step: Explore how the Texas court process for family violence cases works and what to expect after an arrest.