Domestic violence laws are broader than many people realize, both in who they cover and in what conduct they punish. Texas law uses the term family violence, and it reaches well beyond spouses.
Understanding how these laws actually work matters whether you’ve been accused, you’re worried about a loved one, or you simply want the facts straight.
What Is Family Violence Under Texas Law?
Under Texas law, family violence can involve people in a wide range of relationships.
The law may apply to:
- Current spouses
- Former spouses
- Dating partners, both current and former
- Family members related by blood or marriage
- Foster parents and foster children
- Household members, meaning people who live or have lived together
- Parents of the same child, regardless of whether they were ever married or lived together
If an assault involves someone in one of these qualifying relationships, Texas law may treat the offense as assault involving family violence. That designation can affect the penalties and other consequences of the case.
What Types of Conduct Can Lead to Domestic Violence Charges?
Under Texas Penal Code § 22.01, an intentional or knowing threat of imminent bodily injury, or certain intentional or knowing offensive or provocative physical contact, can support an assault charge even when no bodily injury occurs.
Conduct that may lead to a domestic violence charge typically includes:
- Hitting, punching, slapping, or kicking
- Threatening someone with imminent bodily injury
- Offensive or provocative physical contact
- Impeding another person’s breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth
- Unlawful restraint, such as preventing someone from leaving
- Harassment or stalking when the conduct satisfies the requirements of those offenses
Physical injury is not always required. The law broadly defines assault to encompass situations where harm is threatened or contact is unwanted, recognizing that a pattern of coercive behavior, even without visible wounds, can constitute domestic violence.
What Happens After a Domestic Violence Arrest?
A family violence arrest can lead quickly to bond conditions and other court orders. After an arrest, the defendant is generally brought before a magistrate, who addresses release and may impose conditions of bond.
Depending on the circumstances, a magistrate may also issue an emergency protective order. These orders can restrict contact with the alleged victim or bar the accused from going to certain locations. In some situations, an order can affect whether the accused may return to a shared residence.
From there, the case moves into the court system. The defendant attends court appearances while the prosecutor reviews the evidence and decides how to proceed. Depending on the evidence and circumstances, the matter may resolve through plea negotiations or continue toward trial.
What Are the Potential Consequences of a Family Violence Case?
A family violence case can carry criminal penalties and significant consequences outside the courtroom. Depending on the charge and outcome, those may include:
- Jail or prison time
- Fines
- Community supervision, commonly known as probation
- Protective orders that restrict contact or access to certain locations
- Firearm restrictions under state or federal law, depending on the conviction or protective order involved
- Employment or housing difficulties resulting from a criminal record
- Immigration consequences for noncitizens, depending on the offense and immigration status
- Professional licensing concerns for people in regulated careers
Because several of these consequences can begin before a case is resolved, what happens in the early stages may be especially important for defendants.
Can Someone Be Arrested Even If the Alleged Victim Doesn’t Want to Press Charges?
Yes. This is one of the most misunderstood facts about domestic violence cases. Prosecutors, not alleged victims, decide whether to pursue criminal charges.
Texas law may also allow an officer to make a warrantless arrest when the officer has probable cause to believe a person committed an offense involving family violence. That means a case can continue even when the complainant later asks for it to be dismissed.
Prosecutors can subpoena witnesses whose testimony is relevant to the case. A properly served subpoena legally requires the witness to appear, and failing to comply without a valid legal reason can result in additional court proceedings.
If a complainant does not want to participate, prosecutors may look to other admissible evidence, such as photographs, recordings, witness statements, medical records, or police observations.
What Are Common Defenses to Domestic Violence Charges?
An accusation is not a conviction, and family violence cases may involve conflicting accounts, disputed facts, or incomplete evidence.
Possible defenses include:
- Self-defense, when the accused reasonably used force to protect themselves from unlawful force
- Defense of another person, such as a child or family member
- False allegations, including cases where evidence supports a motive to fabricate or retaliate
- Accident or lack of the required mental state
- Insufficient evidence to prove every element of the offense beyond a reasonable doubt
- Material inconsistencies in witness statements
- Constitutional violations, such as an unlawful search or improperly obtained evidence
The right defense depends on the specific charge and the evidence. A claim of accident, for example, may matter when the state cannot establish the intentional, knowing, or reckless conduct required by the offense. In another case, self-defense or weaknesses in the prosecution’s evidence may be more important.
Contact Cofer Luster Criminal Defense Lawyers for a Confidential Consultation With Our Fort Worth Domestic Violence Lawyers
If you’re facing a family violence charge in Fort Worth or elsewhere in Texas, the allegations, court orders, and evidence involved can affect how the case develops. Getting legal advice early can also help you understand what restrictions are already in place and what issues may need immediate attention.
Cofer Luster Criminal Defense Lawyers can review the allegations and evidence and explain the options available in your case. Contact the firm at (682) 777-3336 to schedule a confidential consultation with a Fort Worth domestic violence attorney today.
