Who Can Be Charged with Domestic Violence in Texas?

Understanding Who Falls Under the “Family Violence” Definition in Texas Law

If you’ve been arrested or accused of domestic violence in Texas, one of your first questions might be: Why am I being charged with “family violence” if we weren’t even married? Or: Can I really face domestic violence charges for an argument with my roommate?

The answer is yes — because Texas law defines domestic violence much more broadly than most people expect.

In this guide, we’ll explain exactly who can be charged with domestic violence under Texas law, what relationships qualify, and how law enforcement and prosecutors across Harris, Fort Bend, Galveston, and Brazoria Countiesapply these definitions in real cases.

What Is Considered “Domestic” Under Texas Law?

Texas doesn’t use the term “domestic violence” in its penal code. Instead, it uses “family violence”, as defined in Texas Family Code § 71.004.

Family violence refers to:

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

This definition includes family members, romantic partners, exes, roommates, co-parents, and more.

People Who Can Be Charged with Domestic Violence in Texas

You can be charged with Assault – Family Violence if the alleged victim falls into any of the following categories:

1. Current or Former Spouse

• Legally married or previously married
• Includes common-law marriages

2. Current or Former Dating Partner

• Must be a “dating relationship” as defined in § 71.0021
• Includes boyfriends, girlfriends, romantic partners, even casual dating
• Applies whether the relationship is current or ended

See: Texas Legal Definition of Domestic Violence

3. Roommates or Co-Habitants

• People living in the same household, even without a romantic relationship
• Includes platonic roommates, siblings, or adult children living together

4. Co-Parents

• Parents who share a biological or adopted child, even if they never lived together or dated

5. Relatives by Blood or Marriage

• Includes parents, siblings, step-parents, cousins, in-laws, grandparents

6. Household Members

• Anyone currently or formerly living under the same roof
• Can include extended family, foster children, or unrelated roommates

In all these cases, even a minor incident — a heated argument, a push, a threat — can lead to a domestic violence charge.

Scenarios That Can Lead to a Domestic Violence Arrest

These are some of the most common calls that result in Assault – Family Violence charges across our region:

• Ex-partners arguing during a custody exchange
• Roommates shoving each other during a disagreement
• A son grabbing his father during a confrontation
• A girlfriend allegedly slapping her boyfriend during an argument
• A husband yelling a threat during a verbal dispute

Even if no visible injuries occur, the law allows for a Class A misdemeanor charge if physical pain is alleged — or a Class C misdemeanor for threats or offensive contact.

See: Types of Domestic Violence Charges in Harris, Fort Bend, Galveston, and Brazoria Counties

What If the Other Person Doesn’t Want to Press Charges?

Domestic violence charges are filed by the State of Texas, not the individual. That means:

• The accuser cannot “drop charges”
• The case will likely continue even if they recant
• Prosecutors often proceed using 911 calls, bodycam, or officer testimony

Your criminal defense attorney near you can still challenge the evidence, fight to dismiss or reduce the charge, and work to protect your rights — but it’s critical to take the case seriously from the beginning.

See: How Your Attorney Can Help Reduce or Dismiss Charges

What Makes It “Domestic Violence” and Not Just Assault?

The same act — like a shove or a threat — is classified more severely if it’s committed against a family or household member. The “family violence” designation brings:

• A lifetime federal firearm ban
• Ineligibility for expunction or record sealing
• The possibility of a protective order
• Felony enhancement on any future offense, even if it’s minor

That’s why it’s not just the charge, but the relationship that can change everything about your case.

Can Women Be Charged? What About Mutual Fights?

Yes. Texas domestic violence laws are gender-neutral.

• Women can be arrested and charged with family violence
• Same-sex relationships are fully covered under the Family Code
• If both people are fighting, officers may arrest one or both individuals
• The person who “called 911” is not automatically considered the victim

Often, officers make a judgment call on the scene — and that’s exactly why legal representation matters.

What If We’ve Made Up Since the Incident?

Many couples or family members reconcile shortly after the incident that led to the arrest. But in most counties — especially Harris and Fort Bend — prosecutors continue prosecuting anyway, even if:

• The alleged victim writes a non-prosecution affidavit
• The couple is still together
• There’s no ongoing conflict

Your attorney near you may be able to use that reconciliation to negotiate a favorable resolution, but only if the protective order is addressed and the facts support a dismissal or reduction.

See: Reuniting With Family After a Criminal Case

What Should You Do If You’ve Been Charged?

• Do not contact the other person, even if they contact you
• Comply with all bond and protective order conditions
• Avoid social media posts or messages about the incident
• Hire a criminal defense attorney near you who handles domestic violence cases in your county

Your lawyer can:

• Challenge the charge classification
• Argue that the relationship doesn’t meet the legal threshold
• Push for pretrial diversion or deferred adjudication where appropriate
• Fight to avoid a family violence finding on your record

See: Support Resources for Assault Defendants in Harris County

Final Thoughts: Domestic Violence Charges Are About Relationships — and Strategy

You don’t have to be married to be charged. You don’t have to cause injury. You don’t even need to be in a relationship now.

Texas law casts a wide net — and prosecutors in Harris, Fort Bend, Galveston, and Brazoria Counties take domestic violence cases seriously. But that doesn’t mean your life is over.

With the right legal strategy, you may be able to reduce, dismiss, or resolve the case without a family violence finding— and protect your rights moving forward.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you who defends domestic violence cases across Southeast Texas.

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