Cofer Luster Criminal Defense Lawyers | October 16, 2025 | Domestic Violence
In Texas, a domestic violence enhancement can turn an ordinary criminal case into a much more serious one. Instead of creating a new offense, an enhancement increases the penalties when the alleged victim is a family or household member. This is meant to reflect the idea that the state treats domestic violence especially seriously.
Once the domestic violence label is attached to a conviction, it can follow you for life. Keep reading to learn more.
What Is Family Violence Under Texas Law?
Texas law refers to domestic violence as “family violence,” and the related offenses are defined broadly under Texas Family Code § 71.004.
The term includes physical harm, threats, and abuse against:
- Current or former spouses
- Individuals in dating relationships
- Relatives by blood or marriage
- People living together or who have lived together
- Parents who share a child
Many situations that start as household arguments or misunderstandings can escalate into enhanced criminal charges under this framework. In some alleged domestic violence cases, immediate arrests can be made, whether or not the evidence is clear.
How a Domestic Violence Enhancement Changes a Case
When family violence is alleged, penalties increase sharply. For example, a Class A misdemeanor assault normally carries up to one year in jail. If the court finds family violence (and especially if you have a prior conviction), it becomes a third-degree felony punishable by up to ten years in prison.
Other potential consequences include:
- Loss of firearm rights under federal law
- Long-term protective orders
- Mandatory intervention or counseling programs
- Damage to employment or housing opportunities
- Permanent record restrictions (no expungement or sealing allowed)
Judges and prosecutors often treat domestic cases differently from other assaults. For example, they may impose stricter bail terms and limit access to plea agreements or diversion programs.
Common Types of Offenses Enhanced for Family Violence
Texas prosecutors can apply a domestic violence enhancement to several types of charges, including:
- Assault causing bodily injury
- Aggravated assault or strangulation
- Violation of a protective order
Importantly, an accusation alone can potentially lead to enhanced penalties if the state believes and can prove that a domestic relationship existed.
Possible Defense Strategies You Can Utilize
Fighting an enhancement usually involves challenging both the evidence and the nature of the relationship.
A strong defense might include:
- Arguing that the alleged victim does not qualify as a “family or household member”
- Asserting self-defense or lack of intent
- Demonstrating that police or witnesses exaggerated or misinterpreted the events
- Pointing out inconsistencies in the evidence or procedural mistakes during the arrest
A criminal defense lawyer can help you throughout the entire legal process, including taking your case to trial if that’s in your best interest. Don’t lose hope if you are facing domestic violence allegations, as the law may be on your side.
Contact a Fort Worth Domestic Violence Defense Lawyer at Cofer Luster Criminal Defense Lawyers for a Consultation
A domestic violence conviction can permanently affect your freedom and future. However, it’s critical to remember that you have rights and options for your defense. An experienced Fort Worth domestic violence lawyer can help you from start to finish.
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