What Is Domestic Violence in Texas? (Expanded Definition)

Domestic violence is one of the most misunderstood and emotionally charged areas of Texas criminal law. Yet thousands of people across Harris, Fort Bend, Galveston, and Brazoria Counties face these accusations every year—some rightfully, others unfairly.

Whether you're trying to understand your rights, protect yourself, or defend against a charge, it’s critical to begin with the law. This guide provides a full breakdown of the Texas definition of domestic violence, the various types of charges, who can be accused, and what happens when police get involved. It also explains how these charges can follow you for years unless addressed correctly.

The Legal Definition of Domestic Violence in Texas

Under Texas Family Code § 71.004, domestic violence is defined as:

"An act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or a threat that places the person in fear of imminent harm."

This includes not only current spouses or partners, but also:

• Former spouses
• People who live together (past or present)
• Parents of a child (even if never married)
• People in a dating or romantic relationship

For a deeper dive into this definition, refer to "Texas Legal Definition of Domestic Violence".

Classifications of Domestic Violence Charges

Texas recognizes several different criminal charges under the domestic violence umbrella. The specific charge depends on the circumstances, severity, and prior history.

As explained in "Types of Domestic Violence Charges in Harris, Fort Bend, Galveston, and Brazoria Counties", the most common charges include:

• Assault Causing Bodily Injury (Family Violence)
• Assault by Threat (Family Violence)
• Aggravated Assault with a Deadly Weapon
• Continuous Violence Against the Family

Each carries its own penalties, ranging from Class C misdemeanors to second-degree felonies with prison time.

Who Can Be Charged With Domestic Violence in Texas?

Anyone involved in a qualifying relationship can be charged—not just romantic partners.

In "Who Can Be Charged with Domestic Violence in Texas?", we clarify that charges can involve:

• Roommates
• Ex-boyfriends or ex-girlfriends
• Siblings or cousins living in the same house
• People who dated casually, even if the relationship ended months ago

Texas law casts a wide net. What matters is the nature of the relationship, not just your intent.

Family Violence vs. Domestic Violence: What’s the Difference?

While these terms are often used interchangeably, they are not legally identical.

In "Family Violence vs. Domestic Violence: What’s the Difference?", we explain:

• "Family violence" is broader and includes relatives, children, and roommates
• "Domestic violence" is commonly used in criminal charging documents and includes romantic/dating partners

Both fall under the same legal protections and punishments in Texas.

What About Dating Violence?

Texas law specifically identifies dating relationships as protected.

Under Texas Family Code § 71.0021, "dating violence" includes:

"An act intended to harm, threaten, or intimidate someone in a romantic or intimate dating relationship."

In "Dating Violence: What Texas Law Says", we explore:

• What qualifies as a dating relationship
• Why casual or short-term relationships still count
• How protective orders apply even if you're no longer dating

Continuous Violence Against the Family

Most people don’t realize that repeated, lower-level assaults can lead to a felony charge in Texas, even without a conviction.

In "Continuous Violence Against the Family Explained", we show how:

• Two or more assaults within 12 months can result in a third-degree felony
• Prior convictions are not required—just accusations or police reports
• Prosecutors in Harris and Fort Bend counties use this charge frequently to increase pressure

This charge can permanently alter your future.

Can You Be Charged Without Hitting Someone?

Absolutely. Many domestic violence cases in Texas involve no physical contact.

In "Non-Physical Domestic Violence Charges: Can You Be Charged Without Hitting Someone?", we explain that charges can arise from:

• Verbal threats
• Harassing phone calls or texts
• Intimidating gestures
• Blocking someone from leaving

Police often arrest based on a victim’s fear or statement, even without visible injuries.

Common Situations That Lead to Charges

Domestic violence accusations often begin with a misunderstanding, argument, or emotional outburst—but once police are involved, things escalate fast.

"Common Scenarios That Lead to Domestic Violence Charges in Texas" walks through examples like:

• Alcohol-fueled arguments
• Custody-related disputes
• Mutual fights with unclear aggressors
• False accusations during breakups

Understanding how these scenarios unfold helps you recognize warning signs and avoid risk.

What Happens When Police Are Called?

Once officers respond to a domestic disturbance, the situation is largely out of your control.

In "What Happens When Police Are Called to a Domestic Disturbance?", we outline:

• How police determine who gets arrested
• What role 911 recordings and witness statements play
• Why someone can be arrested even if the accuser recants

Texas law gives police broad authority to arrest without a warrant if they believe violence occurred.

Long-Term Effects on Your Criminal Record

Even if your case is dismissed, a domestic violence charge can remain on your record forever unless sealed or expunged.

"How Domestic Violence Charges Impact Your Criminal Record" explains how such charges affect:

• Job background checks
• Professional licenses
• Gun ownership rights
• Custody and family court decisions

Once there’s a family violence finding, even a plea deal or deferred adjudication can limit your future.

Legal Procedures and What to Expect

Each Texas county has slightly different practices, but most domestic violence cases follow a similar path:

1. Initial arrest and booking
2. Magistrate hearing where bond is set
3. Possible issuance of a protective order
4. Investigation and pretrial hearings
5. Possible resolution through plea deal, diversion program, or trial

If you live in Harris, Fort Bend, Galveston, or Brazoria County, it’s vital to work with a defense lawyer who knows local prosecutors, judges, and courtroom expectations.

Thought Leadership: A Human-Centered Approach to Justice

Texas has every right to protect victims of violence. But justice requires more than just enforcement. It demands context, balance, and respect for due process.

Too often, domestic violence cases are overcharged, misunderstood, or used manipulatively during breakups or custody battles. People with no criminal history suddenly face a system that assumes guilt and imposes lifelong penalties.

That’s why our firm advocates not only for the accused—but for reform. We believe:

• Protective orders should have clearer standards of evidence
• Prosecutors should consider context and past conduct
• First-time offenders should have meaningful access to counseling and second chances

Texas law should hold people accountable. But it should also recognize redemption.

Final Thoughts

Domestic violence charges in Texas are serious. But they are also complicated. They involve real relationships, emotional history, and legal nuance.

Understanding what qualifies as domestic violence—and what doesn’t—is essential whether you are:

• Trying to protect yourself or your family
• Facing an unfair accusation
• Navigating the criminal justice process for the first time

At Walker Law Office, we fight for clarity, fairness, and justice.

Call to Action:

If you're facing domestic violence charges in Harris, Fort Bend, Galveston, or Brazoria County, don’t try to navigate the system alone. Mekisha Walker is a seasoned former prosecutor who knows how the other side thinks and how to protect your rights.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to consult a proven attorney near you.

‍