Family Violence Charges in Texas: What You Need to Know
Family violence charges in Tarrant County and Texas carry serious criminal penalties, including jail time, fines, and long-term consequences that can affect your housing, employment, and child custody. If you or a loved one has been charged with family violence in Fort Worth or Tarrant County, understanding the law and your rights is the first step toward building a strong defense.
Understanding Family Violence Under Texas Law
The Texas Family Code Section 71.004 defines family violence as an act by a member of a family or household against another family or household member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that constitutes a threat placing the member in reasonable fear of imminent physical harm or assault.
Under Texas law, "family or household members" includes a broad range of relationships:
Current or former spouses
Parents of the same child
Foster parents and children
Current or former dating partners
Individuals who currently or previously lived together
This broad definition means that family violence charges in Texas can arise from situations involving roommates, former partners, or co-parents, even when no marriage was involved.
Texas Family Violence Charges and Penalties
The specific charges and penalties for family violence depend on the nature of the act, the severity of any injuries, whether a weapon was involved, and whether the accused has prior family violence convictions.
| Charge | Offense Level | Fine | Jail or Prison Sentence |
|---|---|---|---|
| Assault (Class A Misdemeanor) | Class A Misdemeanor | Up to $4,000 | Up to 1 year in county jail |
| Assault with Prior Family Violence Conviction | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison |
| Assault Causing Bodily Injury (Impeding Breathing) | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison |
| Aggravated Assault with a Deadly Weapon | 2nd Degree Felony | Up to $10,000 | 2 to 20 years in Texas State Prison |
| Continuous Violence Against the Family | 3rd Degree Felony | Up to $10,000 | 2 to 10 years in Texas State Prison |
Protective Orders and Their Consequences
A family violence charge in Texas often triggers the issuance of a protective order. Under Texas Code of Criminal Procedure Chapter 7B, a court can issue an emergency protective order (EPO) at the time of arrest, which may prohibit the accused from:
Returning to their home
Contacting the alleged victim or any children involved
Possessing a firearm
Violating a protective order is a separate criminal offense and can result in additional charges, up to a Class A Misdemeanor or a 3rd Degree Felony if the accused has prior violations or the order was related to sexual assault.
Collateral Consequences of a Family Violence Conviction
Beyond jail time and fines, a family violence conviction in Texas carries significant long-term consequences:
Gun rights: Under both Texas and federal law, individuals convicted of a family violence offense are prohibited from possessing a firearm. This restriction is permanent under federal law.
Child custody: A family violence conviction can be used against you in family court and may result in loss of custody or visitation rights.
Employment: Many employers conduct background checks, and a family violence conviction, particularly a felony, can disqualify individuals from careers in law enforcement, healthcare, education, and other licensed professions.
Housing: Felony convictions can make it more difficult to qualify for rental housing or obtain certain professional licenses.
Immigration: Non-citizens convicted of family violence offenses may face deportation or be deemed inadmissible under federal immigration law.
Can a Family Violence Charge Be Dismissed or Reduced?
Yes. Family violence cases are often more complex than they appear. Common defense strategies include:
Challenging the credibility or consistency of witness statements
Presenting evidence of self-defense or defense of others
Demonstrating that injuries were accidental and not intentional
Arguing that the alleged victim's account is inconsistent with physical evidence
Challenging whether the parties meet the legal definition of "family or household members"
It is also important to know that in Texas, the alleged victim does not have the authority to "drop the charges." Once charges are filed, the decision to proceed lies with the prosecutor. This is why having an experienced criminal defense attorney on your side is critical from the moment you are charged.
Consult an Experienced DWI Attorney in Fort Worth, Texas
If you have been charged with a DWI in Fort Worth or Tarrant County, it is important to speak to a criminal defense attorney right away. If you have been involved in an accident and you are accused of being intoxicated, do not speak to anyone about your case including the police before contacting an attorney. Contact Fort Worth DWI lawyer Javier Balderrama by email at javier@panthercitylaw.com or call (682) 559-1999.
