Types of Domestic Violence Offenses in Texas

Domestic violence is not a single charge in Texas—it is a legal category that includes a wide range of criminal offenses involving violence, threats, or abuse between family or household members, current or former spouses, dating partners, and other intimate or cohabiting relationships. These cases are prosecuted aggressively across Harris, Fort Bend, Galveston, and Brazoria Counties, and they often involve enhanced penalties.

This post walks through the most common types of criminal charges that arise in Texas domestic violence cases. We’ll explain the elements of each offense, provide examples, and link to our in-depth cluster posts for a full understanding of what each charge entails.

1. Simple Assault in a Domestic Context

Simple assault is one of the most frequently filed charges in domestic violence arrests. It is typically charged under Texas Penal Code § 22.01, which covers causing bodily injury, threatening someone with imminent harm, or making offensive physical contact.

In a domestic context, this could include:

• Slapping, pushing, or scratching
• Threatening your partner during an argument
• Grabbing someone in a way that causes pain or leaves marks

When the alleged victim is a spouse, partner, or family member, it becomes Assault Family Violence, even if the injuries are minor. See "Simple Assault in a Domestic Context: What You Should Know" for examples and defense strategies.

2. Aggravated Domestic Assault

When the assault involves serious bodily injury or the use of a deadly weapon, it becomes Aggravated Assault under Texas Penal Code § 22.02.

Examples include:

• Stabbing, strangling, or striking with a weapon
• Causing fractures, internal injury, or prolonged disfigurement

In "Aggravated Domestic Assault Charges in Texas", we explore how this second-degree or first-degree felony carries up to 99 years in prison and why prosecutors often upgrade charges when there are visible or lasting injuries.

3. Strangulation or Impeding Breathing

Strangulation is one of the most dangerous forms of domestic violence, and it is treated as a separate legal category.

Under Texas Penal Code § 22.01(b-1), impeding someone’s normal breathing or circulation (even without visible marks) automatically enhances an assault charge to a third-degree felony, or second-degree if there's a prior conviction.

"Strangulation or Impeding Breathing: A Serious Felony" breaks down how this charge is often filed in emotionally intense cases where physical evidence may be limited, but the victim’s statement is enough to proceed.

4. Violation of a Protective Order

Protective orders are court orders that limit contact with the alleged victim. Violating one—even by sending a text or showing up at work—can result in criminal charges.

Under Texas Penal Code § 25.07, it is a Class A misdemeanor, but it may rise to a state jail felony for repeated violations or if the defendant is accused of stalking or violence.

In "Violation of a Protective Order in Domestic Violence Cases", we detail six key consequences, including arrest without warrant, heightened scrutiny by prosecutors, and future enhancement of unrelated charges.

5. Injury to a Child or Elderly Person

Domestic violence charges extend beyond intimate partners. Assault or injury to children, elderly individuals, or disabled persons within the home is prosecuted under Texas Penal Code § 22.04.

Examples:

• Slapping a child during punishment that leaves marks
• Neglecting an elderly family member’s basic needs
• Rough handling that results in bruises or sprains

These are often felony-level offenses. Learn more in "Injury to a Child or Elderly Person in Domestic Settings", where we detail six common felony charges and how they are prosecuted.

6. Criminal Mischief and Property Damage

Destruction of property during domestic disputes may result in charges of criminal mischief under Texas Penal Code § 28.03.

Examples include:

• Punching a hole in the wall
• Breaking a partner’s phone or laptop
• Slashing tires or damaging shared property

As we explain in "Criminal Mischief and Property Damage During a Domestic Dispute", this charge depends on the monetary value of the damage and can range from a Class C misdemeanor to a state jail felony.

7. Unlawful Restraint

Physically preventing someone from leaving a room, home, or situation during a domestic dispute can lead to unlawful restraint charges under Texas Penal Code § 20.02.

This doesn’t require tying someone up. It can include:

• Blocking a doorway
• Locking someone inside a room
• Holding someone back during an argument

See "Unlawful Restraint in Domestic Arguments" to learn how these emotionally charged moments can lead to criminal charges and what legal defenses may apply.

8. Terroristic Threats in Domestic Contexts

In Texas, a person can be arrested for making threats even if they don’t act on them. Under Texas Penal Code § 22.07, threatening to harm someone with the intent to cause fear is a criminal offense.

In domestic violence cases, this could mean:

• Saying "I’ll kill you if you leave"
• Threatening to burn down the house
• Telling someone they are "never safe"

"Terroristic Threats in Domestic Violence Cases" outlines how these charges arise and the long-term consequences of verbal threats during disputes.

9. Sexual Assault in a Domestic Violence Case

When sexual assault involves a family member, spouse, or dating partner, it becomes both a sex crime and a domestic violence offense, triggering enhanced penalties.

Covered under Texas Penal Code § 22.011, this charge includes any non-consensual sexual contact. When tied to family violence:

• Protective orders are automatic
• Firearm rights are restricted
• Custody and divorce proceedings may be affected

Read "Sexual Assault and Domestic Violence Charges" for a breakdown of how these overlapping legal categories increase both prosecution pressure and sentencing risk.

10. Continuous Family Violence

Under Texas Penal Code § 25.11, a person can be charged with Continuous Violence Against the Family if they commit two or more assaults in a 12-month period.

This is a third-degree felony, even if:

• The assaults were never reported until later
• The defendant was never convicted of the earlier assaults
• Each incident was considered "minor"

In "Continuous Family Violence Charges in Texas: 6 Critical Facts You Should Know", we explain how this felony charge allows prosecutors to introduce a pattern of behavior rather than focus on one incident.

Final Thoughts: Domestic Violence Isn’t a Single Charge—It’s a Legal Framework

Many people assume domestic violence only means hitting a spouse. But in Texas, it is a complex legal category that includes:

• Threats
• Property destruction
• Restraint
• Strangulation
• Neglect
• Verbal abuse

Each of these charges can stand alone or be used together to build a stronger case against you. And each comes with unique penalties, collateral consequences, and long-term effects on your criminal record, custody rights, and future employment.

Whether you're accused of a misdemeanor threat or a felony-level pattern of violence, the legal system treats domestic violence cases with zero tolerance. Prosecutors are trained to file charges even when the alleged victim doesn't want to cooperate.

Call to Action:

If you’ve been accused of any domestic violence offense in Harris, Galveston, Fort Bend, or Brazoria County, don’t wait for the case to escalate.

Walker Law Office is led by Attorney Mekisha Walker, a former prosecutor with extensive experience in family violence trials, protective order litigation, and felony assault defense.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule your consultation with an experienced lawyer near you.

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