Penalties for Domestic Violence in Texas

In Texas, a domestic violence conviction can upend every part of your life. Whether you’re facing a first-time misdemeanor or a felony charge as a repeat offender, the criminal and civil penalties are severe—and often misunderstood. Jail time is only one part of the picture. Employment, housing, gun rights, and even parenting time can all be affected by a single conviction.

This beginner’s guide provides a comprehensive look at the full range of consequences that follow a domestic violence conviction in Texas, including what to expect from local judges in Harris, Fort Bend, Galveston, and Brazoria Counties.

What Constitutes a Domestic Violence Conviction?

Under Texas Penal Code § 22.01, domestic violence charges typically fall under one of three categories:

• Assault Causing Bodily Injury (Family Violence)
• Threatening bodily injury
• Offensive or provocative contact

What elevates a charge to “domestic” status is the relationship between the accused and the alleged victim. This includes:

• Spouses or former spouses
• Dating or romantic partners
• Parents of the same child
• Household or family members

Once a conviction is entered—or even if there is a deferred adjudication with a “family violence finding”—the penalties begin.

Criminal Penalties: Jail Time and Fines

The most immediate consequence of a domestic violence conviction is criminal sentencing. In "Jail Time and Fines for Domestic Violence Offenses", we outline how Texas law classifies penalties:

• Class C Misdemeanor (e.g., offensive contact): Fine up to $500
• Class A Misdemeanor (e.g., bodily injury): Up to 1 year in jail and $4,000 fine
• Third-Degree Felony (e.g., strangulation or repeat offenses): 2–10 years in prison and up to $10,000 fine
• Second-Degree Felony (e.g., aggravated assault): 2–20 years

Judges often impose jail time even on first offenses, especially if there are visible injuries, children present, or repeat police visits.

First-Time Offenders: Is Jail Avoidable?

In "Can First-Time Offenders Avoid Jail in Domestic Violence Cases?", we explore the limited options for those with no prior record. Some first-time defendants may qualify for:

• Deferred Adjudication (plea with conditions and possible dismissal)
• Probation instead of jail
• Pre-trial diversion (rare, county-dependent)

However, these alternatives still result in a family violence finding, which can permanently impact your future even without a conviction.

Repeat Offender Enhancements: Felony Consequences

In "Repeat Offender Enhancements in Domestic Violence Charges", we explain how a second or third arrest can drastically increase the stakes:

• A second conviction may be enhanced to a third-degree felony
• Prosecutors can use prior arrests—even those without convictions—to argue for longer jail time
• Repeat offenses often trigger mandatory sentencing minimums

In many counties, prosecutors file Continuous Family Violence charges (under Texas Penal Code § 25.11) when two or more assaults occur in a 12-month period.

Collateral Consequences: Employment, Housing, Custody

The penalties don’t end in the courtroom. In "Collateral Consequences of a Domestic Violence Conviction in Texas", we examine how a conviction can:

• Block job applications: Background checks often flag domestic violence as a red flag for employers
• Result in eviction or denial of housing based on public records
• Affect child custody: Family courts may restrict visitation or impose supervised contact

Even a misdemeanor with no jail time can follow you for years on background checks and civil records.

Firearm Rights After a Conviction

Texas residents may be surprised to learn that federal and state laws prohibit firearm possession after a domestic violence conviction.

In "How Domestic Violence Convictions Affect Firearm Rights in Texas", we break down how:

• A misdemeanor conviction with a family violence finding immediately revokes the right to own or possess firearms
• Federal law imposes lifetime bans under the Lautenberg Amendment
• Even deferred adjudication may result in temporary or permanent loss

This means no hunting licenses, concealed carry permits, or home defense weapons if convicted.

Restitution and Financial Penalties

A conviction may also come with financial consequences beyond fines. In "Restitution and Financial Penalties in Texas Domestic Violence Cases", we explain:

• Victim restitution for medical bills, therapy, lost wages, and damaged property
• Court costs and supervision fees if on probation
• Enrollment fees for court-ordered programs such as BIPP (Batterer's Intervention and Prevention Program)

Failure to pay restitution can result in probation violations or liens on your personal property.

How Protective Orders Restrict Your Life

Protective orders are often filed alongside or immediately after a domestic violence charge. In "How Protective Orders Impact Your Freedom and Lifestyle in Texas", we outline how:

• A judge can order no contact with the alleged victim or children
• You may be banned from your home or workplace
• You may be required to surrender firearms and submit to monitoring

Protective orders can last for up to two years or more, and violations are separate criminal offenses.

Probation and Community Supervision

In "Probation and Community Supervision After a Domestic Violence Conviction in Texas", we explain how supervision works:

• You may be ordered to attend weekly counseling or anger management
• Probation typically includes drug testing, employment requirements, and strict reporting
• Even minor violations can lead to revocation and jail time

Judges may also impose no-contact conditions as part of your probation, even for Class A misdemeanors.

Expungement and Record Sealing: Is It Possible?

In "Can You Get a Domestic Violence Conviction Expunged in Texas?", we clarify that:

• Expungement is extremely rare: Only available if charges were dismissed or you were acquitted
• Nondisclosure (record sealing) is possible in some deferred adjudication cases if no affirmative finding of family violence was made
• Most domestic violence convictions cannot be sealed

This means your criminal record remains visible to employers, landlords, licensing boards, and the public.

Local Sentencing Trends: What to Expect from Judges

In "How Judges in Harris, Fort Bend, Galveston, and Brazoria Counties Handle Sentencing in Domestic Violence Cases", we report:

• Harris County judges often impose BIPP classes and protective orders even for first-time offenses
• Galveston County prosecutors push for jail time in repeat misdemeanor cases
• Fort Bend judges are less likely to allow early termination of probation
• Brazoria courts tend to be strict on no-contact violations

The outcome of your case can vary depending on your judge, your county, and your legal representation.

Final Thoughts: A Domestic Violence Conviction Is a Life Sentence—Unless You Fight Back

Too many people believe that pleading guilty to “get it over with” will make a domestic violence charge go away. It won’t.

In Texas, even a minor domestic violence conviction:

• Creates a permanent criminal record
• Limits your employment and housing opportunities
• Triggers protective orders and child custody disputes
• Revokes your gun rights
• Imposes ongoing costs and program requirements

Whether it’s your first charge or your third, you need to understand the full scope of the penalties—and act early to build a strong defense.

Call to Action:

If you’ve been charged with domestic violence in Harris, Fort Bend, Galveston, or Brazoria County, call Walker Law Office today. Mekisha Walker is a former prosecutor with extensive experience in complex assault and family violence cases.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced lawyer near youwho will fight for your freedom and your future.