Cofer Luster Criminal Defense Lawyers | April 8, 2025 | Criminal Defense

What Qualifies as Family Violence in Texas?

It is unlawful to perpetrate violence against another person, and offenders can face criminal charges. Perpetrators of violence can be charged under Texas family violence laws when they share certain types of relationships with their alleged victims. Victims of family violence can seek protective orders, legal intervention, and support services to ensure their safety and well-being.

Family Violence Laws in Texas

“Family violence” is defined in  Chapter 71 of the Texas Family Code. It comprises acts by a “member of a family or household” committed against another “member of the family or household.” Family violence can be an act intended to cause the following results or a threat putting the alleged victim in fear of the following: 

  • Physical harm
  • Bodily injury
  • Assault
  • Sexual Assault

The law further establishes abuse by a family or household member toward a child of the household or acts of “dating violence” but excludes acts a family or household member uses to protect or defend themselves against another household member.

Understanding “Family” and “Dating Violence”

For a full understanding of what qualifies as family violence in Texas, you must know how the law defines “family” and “dating violence.”  Per Section 71.003 of the Texas Family Code, “family” includes those related by “consanguinity” or “affinity,” which means by blood or marriage, respectively, and as detailed in Chapter 573 of the Texas Government Code. The term also includes former spouses and parents of a shared child, whether married or not, foster children and foster parents, and whether the parties live together or not. 

Family Code Chapter 71.0021 defines a dating relationship as one “between individuals who have or have had a continuing relationship of a romantic or intimate nature.” Factors determining the actuality of this relationship include its length, nature, and “frequency and type of interaction” between the parties involved. Casual acquaintances or ordinary business or social friendships are not considered dating relationships. 

Examples of what qualifies as family violence in Texas

According to the most recent Texas Crime Report, there were 247,896 family violence offenses during a recent one-year period. Of this total,

  • 173,102 were simple assault
  • 34,649 were aggravated assault
  • 26,073 were intimidation
  • 4,696 were rape

Other offenses included murder, manslaughter, kidnapping, other sexual offenses, and human trafficking. Family violence often escalates from a place of small aggressions that build over time. Causing physical injury can result in misdemeanor charges, and domestic violence can be a felony offense in Texas.

Family violence offenses in Texas carry serious legal consequences, ranging from misdemeanors to felonies based on the severity of the act and prior offenses.

  • Misdemeanor Charges: A Class A misdemeanor (bodily injury without aggravating factors) can result in up to one year in jail and fines of up to $4,000. A Class B misdemeanor (threats or provocative physical contact) carries up to 180 days in jail and fines of up to $2,000.
  • Felony Charges: A third-degree felony (repeated offenses or strangulation) can lead to 2 to 10 years in prison and fines of up to $10,000. A second-degree felony (aggravated assault or use of a deadly weapon) carries 2 to 20 years in prison. A first-degree felony (extreme injury or fatality) may result in 5 to 99 years or life in prison.

Beyond criminal penalties, offenders may face protective orders, loss of child custody, mandatory counseling, and a permanent criminal record, affecting employment and future opportunities. Texas law takes family violence seriously, imposing strict penalties to protect victims and prevent repeat offenses.

Reach Out to a Criminal Defense Lawyer for Help

Allegations of family violence can turn your life upside down. Aside from the possibility of jail time and steep fines, a conviction can affect your relationships, career, and future. These cases are often complicated, and the facts aren’t always clear-cut. If you’re being accused of family violence, having the right legal help can make all the difference. An experienced Fort Worth, TX, defense attorney can walk you through the legal process, make sure your side of the story is heard, and fight to protect your rights.

For more information, please contact the criminal defense 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