Understanding Assault of a Family Member Charges in Texas

If you or someone you care about has been accused of assault of a family member in Texas, the first step in protecting your future is understanding exactly what the charge means. Many defendants don’t realize how broadly the law defines “family,” how harshly prosecutors treat these cases, and how quickly a misdemeanor can escalate to a felony.

This guide will introduce the basics and point you toward detailed resources where you can learn more about:

• What legally counts as “assault of a family member”
• The penalties you could face
• Why these charges are treated differently from other assault cases

Why Awareness Is Critical

The moment you’re arrested for assault of a family member, the system begins moving against you. Police reports are filed, prosecutors begin building their case, and protective orders may be issued—all before you even appear in court.

Waiting to learn what you’re facing is dangerous. The earlier you understand the charge and its consequences, the sooner you and your defense lawyer can begin to protect your rights.

Three Key Areas You Need to Know

1. What Counts as Assault of a Family Member in Texas

Texas law casts a wide net. Under Tex. Penal Code § 22.01 and Tex. Fam. Code § 71.003, even something as simple as a threat or unwanted physical contact can qualify as assault when it involves a spouse, partner, roommate, foster relative, or other household member.

➡️ For a full breakdown of these definitions and who is considered “family” under the law, read:

What Counts as Assault of a Family Member in Texas?

2. Penalties for Assault of a Family Member: Misdemeanor, Felony & Enhancements

What may start as a misdemeanor can quickly become a felony if prosecutors allege choking, strangulation, or if you have a prior conviction. Firearm bans also apply, even at the misdemeanor level. Texas legislators have recently expanded these penalties under HB 1589, making it even easier for a first-time allegation to carry lifelong consequences.

➡️ For a detailed look at the potential sentences and collateral consequences, see:

Penalties for Assault of a Family Member in Texas

3. Family Violence vs. Other Assault Charges

Why does Texas treat these cases more harshly than ordinary assault? Because the State views family violence as a public safety concern. This means prosecutors often refuse to dismiss charges, even if the alleged victim changes their mind.

➡️ To understand the differences and why the State pursues these cases so aggressively, visit:

Family Violence vs. Other Assault Charges in Texas

Why This Knowledge Matters

The more you understand about the law, the stronger you and your lawyer can fight back. Knowledge is power—and in Texas family violence cases, it can mean the difference between freedom and a conviction that follows you forever.

But information alone isn’t enough. These charges move quickly, and you need an advocate who can use the law to your advantage.

Take Action Today

If you’ve been arrested for assault of a family member in Galveston, Fort Bend, Brazoria, or Harris County, don’t wait for the system to make decisions about your life. An experienced family assault lawyer near you can step in immediately to challenge weak evidence, fight protective orders, and begin preparing your defense.

Call Walker Law Office today at (713) 228-2611 or contact us online. Our experienced attorney near you is ready to defend your rights and protect your future.

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