Terroristic Threats in Domestic Violence Cases: 6 Ways Threatening Words Can Lead to Criminal Charges in Texas

Domestic violence isn’t always physical. In many cases, the words someone uses — especially when laced with threats, fear, and intimidation — can be enough to bring criminal charges. In Texas, threatening to hurt, kill, or seriously harm someone during a domestic dispute can lead to arrest for terroristic threat under Tex. Penal Code § 22.07.

Many people don’t realize that the law focuses less on whether the person meant it, and more on whether the threat caused fear in the victim. That makes these cases both serious and highly subjective.

In this post, you’ll learn how terroristic threats are defined, how they apply in domestic situations, and why speaking with a lawyer near you is essential when facing these charges.

Table of Contents

1. What Is a Terroristic Threat in Texas?
2. When Does a Threat Become a Crime in Domestic Situations?
3. What Are Common Examples of Terroristic Threats in Family Violence Cases?
4. Is Intent Required, or Just Fear?
5. What Are the Penalties for Terroristic Threat in Texas?
6. Why You Should Contact a Lawyer Near You Immediately

1. What Is a Terroristic Threat in Texas?

Under Tex. Penal Code § 22.07(a), a person commits a terroristic threat if they:

"Threaten to commit any offense involving violence to any person or property with intent to:

1. Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
2. Place any person in fear of imminent serious bodily injury;
3. Prevent or interrupt the occupation or use of a building, room, or place of assembly;
4. Cause impairment or interruption of public services;
5. Place the public or a group in fear of serious bodily injury;
6. Influence the conduct of a government or agency by threat or violence."

In domestic violence cases, the most commonly charged subsection is § 22.07(a)(2) — placing another person in fear of imminent serious bodily injury.

2. When Does a Threat Become a Crime in Domestic Situations?

A threat becomes criminal in a domestic violence case when:

• It involves serious bodily injury (not just general anger or yelling)
• The alleged victim is a spouse, partner, family member, or household member
• The threat causes the victim to feel fear in the moment
• The person making the threat had the apparent ability to carry it out

It’s not enough to say “I hate you” or even “I’m so mad I could scream.” But statements like:

• “I’ll kill you if you leave”
• “You won’t live to see the kids again”
• “I’m going to break your neck”

...can lead to charges, especially if they are paired with a menacing tone, weapon display, or previous violence.

3. What Are Common Examples of Terroristic Threats in Family Violence Cases?

Examples of conduct that could result in a terroristic threat charge during a domestic dispute include:

• Verbally threatening to kill or seriously injure a spouse during an argument
• Yelling threats through a closed door while pounding on it
• Texting “I hope you die” or “You’ll regret this” after a breakup
• Telling a partner, “You won’t make it through the night”
• Calling a partner while intoxicated and threatening violence over voicemail

In these situations, law enforcement often arrests based on the victim’s fear, even if no physical violence occurred. Bodycam footage, 911 calls, and text messages can all be used to support the charge.

4. Is Intent Required, or Just Fear?

Intent is part of the equation — the State must show the defendant intended to cause fear of imminent serious bodily injury.

However, actual ability to carry out the threat is not required. The law focuses on:

• Whether the victim’s fear was reasonable
• Whether the threat was made with apparent seriousness
• Whether the threat was about serious bodily harm, not just discomfort or irritation

This means that even a conditional threat — like “If you walk out that door, I’ll kill you” — may be enough to trigger charges.

5. What Are the Penalties for Terroristic Threat in Texas?

In most domestic violence contexts, terroristic threat is a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• Up to $4,000 in fines
• A possible family violence finding under Tex. Code Crim. Proc. art. 42.013

However, it can be enhanced to a state jail felony if the threat:

• Involved a public servant
• Caused the evacuation of a building or facility
• Interfered with public utilities or services

If the State attaches a family violence finding, the defendant will:

• Be barred from owning firearms under federal law
• Face immigration consequences if not a U.S. citizen
• Risk loss of custody or visitation rights
• Be ineligible for record sealing, even after deferred adjudication

6. Why You Should Contact a Lawyer Near You Immediately

Terroristic threat charges may seem exaggerated or based on a moment of anger — but Texas courts take them very seriously, especially in domestic violence situations.

An experienced lawyer near you can help by:

• Challenging the victim’s perception of the threat
• Showing the statement was taken out of context
• Arguing the threat was not about serious bodily injury
• Negotiating for dismissal, reduction to disorderly conduct, or diversion programs

In many cases, the arrest is based on a 911 call made in fear, but the actual statement may not rise to the level of a criminal threat. Your attorney can preserve your rights and freedom before things escalate further.

Final Tip: Don’t Dismiss Threat Charges as “Just Words”

Texas law does not treat serious threats as idle talk — and when they happen in a domestic setting, the legal consequences are amplified. One heated moment can result in jail time, a permanent record, and the loss of your ability to see your children or carry a firearm.

At Walker Law Office, attorney Mekisha Walker brings decades of courtroom experience, including as a former prosecutor, to fight for your side of the story and challenge unfair or exaggerated charges.

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

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