What Counts as Assault of a Family Member in Texas?

When someone is arrested for assault of a family member in Texas, one of the first questions they ask is: “What exactly does this charge mean?” Many people are surprised to learn how broad Texas law is, and how easily an argument or misunderstanding can escalate into a criminal case labeled as “family violence.”

Knowing the definition is the first step in fighting back—and in making sure you have an experienced family assault lawyer near you to protect your rights.

Texas Law: Tex. Penal Code § 22.01

Under Tex. Penal Code § 22.01, a person commits assault if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person;
• Threaten another with imminent bodily injury; or
• Cause offensive physical contact with another.

This definition is broad. It means an allegation doesn’t always involve serious injury or even visible harm. A shove, a slap, or even a raised fist paired with a threat can lead to an arrest.

When the alleged victim falls within the definition of “family” or “household,” the charge becomes assault of a family member—and the penalties are more severe.

Who Qualifies as “Family” or “Household”?

The answer is found in Tex. Fam. Code § 71.003 and related sections. Texas law defines “family” and “household” much more broadly than most people expect. It includes:

• Current or former spouses
• Parents and children
• Relatives by blood, marriage, or adoption
• Foster parents and foster children
• Individuals living in the same household (including roommates)
• Current or former dating partners
  

This means you could be charged with assault of a family member for an argument with a roommate, an ex-partner, or even a foster child in your care.

Why It Matters

Understanding who qualifies as “family” under Texas law is critical because it changes everything about your case. What would normally be a misdemeanor assault may be treated as a family violence charge—leading to:

• Harsher penalties, including felony enhancements for repeat offenses;
• Automatic firearm bans (even for misdemeanors);
• Protective orders that restrict where you live, work, or travel;
• Lasting effects on child custody, divorce proceedings, and employment.
  

Prosecutors often pursue these cases aggressively, even when the alleged victim doesn’t want to press charges. That’s why early defense work is essential.

How a Family Assault Lawyer Near You Can Help

If you’ve been accused of assault of a family member in Harris, Galveston, Fort Bend, or Brazoria County, do not assume the case will go away on its own. Prosecutors rarely drop these charges without a fight.

An experienced family assault lawyer near you can:

• Challenge weak or inconsistent evidence;
• Identify whether the relationship legally qualifies as “family” or “household”;
• Negotiate with prosecutors before trial;
• Build a defense for dismissal, reduction, or acquittal.

Take Action Today

Knowing what counts as assault of a family member in Texas is only the beginning. What you do next will determine your future.

Call Walker Law Office today at (713) 228-2611 or contact us online. If you’re facing charges in Galveston, Fort Bend, Brazoria, or Harris County, you need a trusted family assault lawyer near you fighting for your rights.

Next Step: Learn about the potential Penalties for Assault of a Family Member in Texas and how quickly a misdemeanor can turn into a felony.

‍