Texas Domestic Violence Laws 2024 Explained

When someone is accused of harming a family member or intimate partner, the charge of assault can be elevated to domestic violence. Texas has a no-tolerance approach to prosecuting someone who is charged with committing domestic violence. Anyone who is charged with this serious crime needs to understand Texas domestic violence laws and how the laws apply to them.

Legal representation can be the difference between a favorable resolution in your case and severe penalties that could include jail or prison time. Although domestic violence charges are very serious, there are unique and effective defense strategies that can weaken the case against you.

What Constitutes Domestic Violence?

Domestic violence in Texas refers to any act of physical harm, assault, bodily injury, or sexual assault committed by one household member against another. Verbal threats of harm or physical intimidation (assault by threat) can constitute domestic violence and lead to criminal charges.

Texas law recognizes three forms of domestic violence: domestic assault, aggravated domestic assault, and continuous violence against the family.

Relationships that go beyond intimate partners can have incidents of domestic violence. Any violence or threats of violence involving ex-spouses, family members, or roommates can constitute an act of domestic violence.

Under the Texas Family Code, emotional or psychological abuse may be considered in certain cases, particularly if it accompanies physical abuse. Victims of domestic violence may obtain protective orders to prevent further harm even when the offender is not facing criminal charges.

Potential Criminal Penalties

Domestic violence charges carry serious penalties that vary depending on the severity of the crime, past convictions, and whether there were any aggravating factors, like the use of a weapon. A first-time domestic assault offense may be classified as a Class A misdemeanor, punishable by up to one year in jail and fines of up to $4,000.

Aggravated domestic assault, which involves causing serious bodily injury to a partner, family member, or household member or the use of a deadly weapon, may be elevated to a first-degree felony, carrying a sentence of five to 99 years, or life imprisonment.

Repeat offenders may face enhanced penalties, especially if prior convictions are on record. Continuous violence against family members, where two or more assaults occur within a 12-month period, is classified as a third-degree felony. This offense may result in a prison term of two to 10 years.

What To Expect When Facing Domestic Violence Charges

The initial booking process following a domestic violence charge is similar to other crimes, although there may be unique restrictions placed on you later on. The initial arrest often includes a magistrate’s review of bail conditions, such as protective orders to limit contact with the alleged victim.

Domestic violence charges often result in restrictive bond conditions that can prohibit gun rights and require the defendant to stay away from certain residences. During the court process, the prosecution may present evidence, witness testimonies, and police reports.

Both sides are given the opportunity to build their case through the process of evidence collection, known as discovery. The defense can have access to the prosecution’s evidence and vice versa. While the case is pending, a domestic violence charge may also involve mandatory anger management or counseling programs, especially in cases of probation.

How To Fight Domestic Violence Charges

Fighting domestic violence charges in Texas requires a strong defense strategy focused on evidence, witness testimony, procedural accuracy, and other aspects of a criminal case. One defense strategy may involve proving the accusations are false or motivated by familial issues such as custody disputes.

Another strategy challenges evidence of harm or intent, arguing the actions don’t meet the legal threshold for assault. In some cases, self-defense can be claimed, especially if the defendant feared immediate harm. There are also cases where the victim may have a personal motivation for maligning the reputation of the defendant, especially if they were former romantic partners.

FAQs

How Does Texas Handle Domestic Violence Cases?

Texas handles domestic violence cases with enhanced penalties and strict restrictions while charges are pending and during probation if the defendant is found guilty. Beyond fines and jail or prison time, anyone convicted of domestic violence could lose their gun rights and be restricted from going near or contacting the victim.

What Is the Penalty for Domestic Violence in Texas?

Penalties for a domestic violence conviction in Texas vary based on the severity of the assault, prior convictions, and aggravating factors. Charges can range from a Class A misdemeanor to one of three felony levels, with increasingly serious consequences tied to the circumstances and history of the offense. Legal representation can lead to reduced or dropped charges when there is insufficient evidence to prosecute a case.

What Is the Law for Assaulting a Family Member in Texas?

In Texas, assaulting a family member is a form of domestic violence, and there are often enhanced penalties for this type of crime. Prosecutors often seek the maximum penalties allowable for domestic violence, and a conviction could result in personal and professional consequences long after the initial punishment is served.

What Should I Do if I Am Falsely Accused of Domestic Violence in Texas?

If you are falsely accused of domestic violence in Texas, it is vital to consult a criminal defense attorney to begin building a defense strategy. False accusations are taken seriously, and an attorney can help protect your reputation and rights. A lawyer can gather evidence, witness testimony, and any documentation that would support your case to create a solid defense.

Schedule a Consultation With a Domestic Violence Lawyer

If you’ve been charged with domestic violence, you could be facing life-altering consequences. Fortunately, being charged with a crime does not mean you will be convicted of said crime. With legal representation from our law firm, you can fight the charges against you and effectively tell your side of the story.

Our law firm understands Texas’ domestic violence laws and how to successfully defend clients against accusations that they harmed a family member or intimate partner. To schedule a consultation for your domestic charges, contact the Law Office of Joseph Ruiz, PLLC, today.