Cofer Luster Criminal Defense Lawyers | December 13, 2025 | Domestic Violence
Assault and domestic violence charges are often confused in Texas, but they are not the same thing. The differences may seem small at first, yet they can drastically affect the penalties and consequences that you may face if you’re convicted.
If you’ve been accused of either type of offense, it’s essential to understand how Texas law defines each one. The label attached to your case can sometimes determine whether you face misdemeanor or felony charges, among other meaningful factors.
How Texas Defines Family Violence
Texas law uses the term “family violence” to cover several types of conduct involving family or household members.
Under the Texas Family Code § 71.004, family violence includes:
- Any act by one family or household member that is intended to cause “physical harm, bodily injury, assault, or sexual assault” to another, or
- A “threat that reasonably places the other person in fear of imminent physical harm”
Family violence doesn’t only apply to married couples.
For example, it can also include people who:
- Currently live together
- Used to live together
- Share a child
- Are related to each other
- Are currently dating
- Were formerly dating
Crimes involving people with relationships like these can lead to more severe penalties than would otherwise be imposed.
What Is Domestic Violence Under Texas Law?
While “domestic violence” is often used interchangeably with “family violence,” it is not an official term under Texas law. In most cases, what people call “domestic violence” is legally categorized as assault involving family violence under the Texas Penal Code § 22.01.
In simple terms, domestic violence refers to harmful conduct against a person with whom the accused shares a close personal relationship, as discussed above. The law classifies this behavior under broader assault statutes but adds the “family violence” label when the relationship qualifies under the Family Code.
Types of Family Violence Assault Charges
Texas law recognizes different levels of assault involving family violence.
These depend, in large part, on the facts of the case and whether there is any prior criminal history:
- Assault is a Class A misdemeanor by default. However, if it is a repeat offense and/or is considered family violence, it can rise to a third-degree felony.
- Aggravated assault is a second-degree felony by default, but it can rise to a first-degree felony if it is considered family violence or if a deadly weapon is involved.
A conviction for family violence can carry severe collateral consequences as well. These may include difficulty finding housing and employment, in addition to the loss of certain rights.
Defending Yourself Against Family Violence Allegations
While the defense(s) available will ultimately come down to the unique circumstances of your case, a few possibilities include:
- Lack of intent to harm
- Self-defense
- Defense of others
- False allegations
- Insufficient evidence
Your criminal defense lawyer can assess your situation and determine your best path forward for receiving a favorable outcome under the law.
Contact Cofer Luster Criminal Defense Lawyers for a Free Consultation
The difference between an assault and a family violence assault charge can have major legal consequences. If you are facing either accusation, you need an experienced defense lawyer on your side who understands Texas law and how to protect your rights.
Contact Cofer Luster Criminal Defense Lawyers at (682) 777-3336 to set up a consultation with an attorney today. Remember that you’re innocent until proven guilty in a court of law, so it may not be too late to respond to your charges effectively.
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