Cofer Luster Criminal Defense Lawyers | September 19, 2025 | Domestic Violence
Domestic violence charges in Texas carry serious legal and personal consequences. A conviction can lead to jail time, fines, loss of firearm rights, and even affect things like the custody of your children. However, it is equally important to understand what does not fall under the definition of domestic violence in Texas. Not every disagreement or altercation meets the standard set by state law.
If you or someone you know has been falsely accused of domestic violence, knowing these limits can help clarify when the law applies and when it may not.
How Texas Defines Domestic Violence
Texas law defines “family violence” under Section 71.004 of the Texas Family Code. The statute covers acts of physical harm, threats of harm, or abuse directed at a family member, household member, or someone in a dating relationship.
However, not every act of conflict between family members or partners meets this definition. To qualify as domestic violence, the act must involve:
- Physical harm or bodily injury
- A clear threat of imminent harm
- Sexual assault or abuse
If the behavior does not involve one of these elements, it may not rise to the level of domestic violence under the law.
Arguments Without Threats or Violence
Verbal disagreements are common in relationships and families. While shouting matches, insults, or heated arguments may be upsetting, they are not automatically classified as domestic violence.
For an argument to qualify, there must be a threat of imminent physical harm or evidence of assault. Simply exchanging harsh words (without anything more) may not meet the legal threshold for a domestic violence charge.
Accidental or Unintentional Acts
Another area where charges may not apply is when harm occurs accidentally. Domestic violence laws require intent or recklessness. If someone is injured by mistake, for example, being bumped into during a heated moment, this usually does not qualify as domestic violence.
Intent plays a critical role. Without proof that the accused meant to cause harm, the state may have difficulty sustaining a domestic violence charge.
Self-Defense Situations
Texas law also recognizes the right to defend yourself. If a person uses reasonable force to protect themselves from being harmed, their actions may not qualify as domestic violence.
For instance, pushing a partner away to prevent being struck could be considered self-defense, not abuse. Courts will look closely at the circumstances to determine whether the force was necessary and proportional.
Child Discipline Within Legal Limits
Texas law permits parents to discipline their children using reasonable force. Spanking or similar corrective measures may be lawful as long as they do not cross the line into abuse.
If discipline causes serious injury, however, it could be reclassified as abuse and result in criminal charges. The distinction lies in whether the discipline was measured or excessive.
Property Damage Without Threats
Breaking objects, slamming doors, or damaging property can create a hostile environment. However, property damage alone may not qualify as domestic violence under Texas law.
That said, depending on the circumstances, these actions can still lead to other charges, such as criminal mischief.
Contact a Fort Worth Domestic Violence Defense Lawyer at Cofer Luster Criminal Defense Lawyers for Legal Help
Domestic violence laws in Texas are serious, but not every conflict qualifies under state statute. Arguments without threats, accidental harm, reasonable self-defense, and certain child discipline do not always meet the definition of family violence.
If you have been accused, the best step you can take is to set up a consultation with an experienced Fort Worth domestic violence lawyer at Cofer Luster Criminal Defense Lawyers.
For more information, please contact the domestic violence law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102