A Class C family violence charge in Texas is a fine-only misdemeanor for intentionally making offensive or provocative physical contact with a family or household member, capped at a $500 fine with no jail time. The penalty on paper is small. The record it leaves is not. A conviction carries an affirmative finding of family violence that stays on your record permanently, cannot be sealed, and can reach your firearm rights, your job, your housing, and, if you are not a citizen, your immigration status.
What the Charge Actually Covers
Texas Penal Code Section 22.01(a)(3) makes it an offense to intentionally or knowingly make physical contact with someone when you know, or should know, they will find that contact offensive or provocative.1State of Texas. Texas Code Penal Code – Assault No injury is required. No pain, no bruise, no mark. A shove, a poke in the chest, a grabbed arm during an argument, or spitting can each satisfy the elements. What turns a plain Class C assault into a family violence case is the relationship between the people involved.
Texas Family Code Section 71.004 defines family violence broadly, covering acts intended to cause physical harm, bodily injury, or assault between family or household members, along with threats that reasonably place someone in fear of imminent harm.2State of Texas. Texas Family Code Chapter 71 – Definitions “Family or household member” sweeps in far more than close relatives: spouses and ex-spouses, parents, children, siblings, people who share a child, current and former dating partners, and anyone who has lived in the same household. A pushing match between former roommates or a grab during a breakup can fall squarely within the statute.
Officers responding to a domestic call decide on the scene whether to cite or arrest. They do not need to see an injury. If the officer believes you intentionally made unwanted physical contact with someone in a qualifying relationship, that is enough to start the case.
How the Case Moves Through Court
Class C cases are heard in municipal or justice courts, where the maximum penalty is a fine, and they are prosecuted by city or county attorneys rather than district attorneys.3Texas Municipal Courts Education Center. Overview of the Courts – 2024 Most people charged receive a citation rather than being booked into jail, although an officer can make an arrest when they believe it is necessary to defuse the situation.
At arraignment you hear the formal charge and enter a plea. Pleading guilty closes the case with a fine of up to $500, but it also triggers the family violence finding described below, which is the real cost. A not-guilty plea moves the case to a pretrial stage where the prosecution and defense can negotiate or prepare for trial.
You have the right to a jury trial on a Class C misdemeanor, but you have to ask for one; otherwise the case defaults to a bench trial. The prosecution must prove offensive or provocative contact beyond a reasonable doubt. Evidence is often thinner than in higher-level assault cases because there are rarely medical records or injury photos, so prosecutors lean on witness testimony, body camera video, and 911 recordings. The complaining witness can be subpoenaed, and the state can press the case forward even if that person no longer wants to cooperate.
One detail catches many people off guard: because a Class C offense cannot result in jail time, you have no right to a court-appointed lawyer.4Constitution Annotated | Congress.gov. Modern Doctrine on Right to Have Counsel Appointed If you want representation, you hire it. Defense attorneys for misdemeanor domestic violence cases in Texas typically charge between $1,000 and $10,000 depending on complexity and whether the case goes to trial.
If you are convicted and want to challenge the result, the window is short. You have 10 days from the judgment to file a notice of appeal and post an appeal bond. The appeal goes to county court for a completely new trial. Miss the 10 days and the right to appeal is gone.
Deferred Disposition Is the Decision That Matters Most
The most consequential choice in a Class C family violence case is whether to pursue deferred disposition under Texas Code of Criminal Procedure Article 45.051. Under this option a judge defers a finding of guilt, places you on a probationary period of up to 180 days, and sets conditions, which commonly include a batterer’s intervention program, community service, or counseling.
Finish the conditions and the complaint is dismissed. The statute states plainly that a dismissal under deferred disposition “is not a final conviction” and “may not be used against the person for any purpose.” Records from a dismissed deferred disposition case may also be eligible for expunction.
Why this matters so much comes down to what a conviction does. A Class C family violence conviction locks in a permanent affirmative finding of family violence, closes off sealing, and can carry firearm consequences for years or longer. Successful deferred disposition avoids those outcomes. Not every judge or prosecutor will offer it, and the conditions can be demanding, but if it is on the table, it is almost always worth taking.
The Family Violence Finding and Why You Can’t Seal It
When a court convicts someone of an offense under Title 5 of the Texas Penal Code (which includes assault) and determines family violence was involved, the judge is required to enter an affirmative finding of family violence in the judgment.5State of Texas. Texas Code of Criminal Procedure – Chapter 42 Article 42.013 mandates the finding and Article 42.01 requires the judgment to reflect it. It is not discretionary.
That finding is what separates this from almost every other fine-only misdemeanor on the books. Most Class C convictions quietly recede into the background of a record. This one does not. Texas Government Code Section 411.074 excludes any offense involving family violence from eligibility for an order of nondisclosure, which is Texas’s mechanism for sealing records from public view. Sealing is off the table. Expunction is available only for cases that did not end in a final conviction, so a straight conviction cannot be expunged either. The result is a publicly visible family violence conviction that keeps showing up on background checks indefinitely.
Firearm Rights
The firearm picture after a Class C family violence case is more complicated than it first looks because federal and state law work differently, and the federal piece is unsettled.
Federal Prohibition Under the Lautenberg Amendment
Under 18 U.S.C. § 922(g)(9), anyone convicted of a “misdemeanor crime of domestic violence” is permanently barred from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Federal law defines that term as an offense that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon” and was committed against someone in a domestic relationship.7Office of the Law Revision Counsel. 18 USC 921 – Definitions
Texas Penal Code Section 22.01(a)(3) criminalizes “offensive or provocative” physical contact. Whether that language meets the federal “use of physical force” requirement is an area where federal courts have not always agreed. Some courts have treated any intentional unwanted touching as sufficient; others have drawn a line between offensive contact and the kind of force the federal statute contemplates. The practical consequence is that a Class C family violence conviction may trigger the federal firearm ban, but it is not automatic in every case. Anyone looking at this risk needs advice from an attorney who knows both Texas criminal law and federal firearms law before entering a plea.
If the federal ban does apply, it lasts indefinitely unless the conviction is expunged or set aside, or a pardon or restoration of civil rights lifts it, and even then only if the pardon does not expressly bar firearm possession.7Office of the Law Revision Counsel. 18 USC 921 – Definitions
Texas Law
Texas Penal Code Section 46.04(b) prohibits firearm possession by someone convicted of assault under Section 22.01 “punishable as a Class A misdemeanor” involving a family or household member, with the restriction running for five years after release from confinement or community supervision.8State of Texas. Texas Penal Code – Unlawful Possession of Firearm Because the provision requires a Class A conviction, it does not apply to Class C family violence convictions. A separate provision, Section 46.04(c), prohibits firearm possession by anyone subject to an active protective order, which matters if a protective order has been issued alongside the charge.
Regardless of the conviction level, Texas courts are required to notify anyone convicted of a misdemeanor involving family violence that possessing or transferring firearms is unlawful.5State of Texas. Texas Code of Criminal Procedure – Chapter 42 That notice reflects the federal prohibition rather than any state-level bar aimed at Class C offenses.
Protective Orders That Can Ride Alongside the Charge
A Class C family violence case can produce a protective order even without any physical injury. Texas Family Code Section 85.001 authorizes a court to grant one when it finds that family violence occurred and is likely to recur.9Justia. Texas Family Code Chapter 85 – Issuance of Protective Order The order can bar you from contacting the protected person, keep you away from their home or workplace, and limit access to shared children.
After an arrest for family violence, a magistrate can issue an emergency protection order before you are released from custody, on their own motion or at the request of the victim, a peace officer, or a prosecutor. No hearing is required and the victim need not be present.10Texas Courts. Chapter 4 – Magistrates Order of Emergency Protection These orders last between 31 and 91 days depending on whether a deadly weapon was involved.
A longer-term protective order follows a petition and a civil hearing. If granted, these orders typically last up to two years, with longer durations (including lifetime orders) available in cases involving repeated violence or serious threats. A final order can require you to leave a shared residence and surrender firearms for its duration. In 2024 the Supreme Court upheld the federal law prohibiting firearm possession by individuals subject to domestic violence restraining orders that include a credible-threat finding.11Supreme Court of the United States. United States v. Rahimi
Violating any kind of protective order is a Class A misdemeanor under Texas Penal Code Section 25.07, punishable by up to a year in jail. Two or more prior violations, or a violation involving an assault or stalking, elevate the charge to a third-degree felony. Minor-seeming contact, a text message or showing up at the same store, can draw an on-the-spot arrest. And a Texas protective order follows you: under 18 U.S.C. § 2265, any valid protective order issued by one state must be enforced in every other state, tribe, and territory, with no registration required by the protected person.12Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
Jobs, Licensing, and Housing
A family violence finding shows up on standard background checks and can shrink your job options. Federal guidance from the EEOC says any criminal-record screening policy should be job-related and consistent with business necessity, weighing the nature of the offense, how much time has passed, and the nature of the job.13U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII In practice, employers in healthcare, education, childcare, and law enforcement often treat any family violence conviction as disqualifying.
Texas professional licensing boards commonly ask about criminal history, and a family violence finding can complicate licensing for teachers, nurses, counselors, and peace officers. For federal security clearances, the statutory disqualification threshold under 50 U.S.C. § 3343 is set at offenses carrying imprisonment of more than a year, which a Class C conviction will not meet, but adjudicators weigh the full picture and a domestic violence record can draw added scrutiny.14Office of the Law Revision Counsel. 50 USC 3343 – Security Clearances Limitations
Landlords in Texas must disclose their tenant screening criteria when giving out rental applications, and many screen for criminal history. A family violence conviction can lead to a denial, particularly from larger property managers running automated screens with broad exclusion rules. For federally assisted housing, 42 U.S.C. § 13661 gives public housing authorities discretion to deny admission to a household that includes someone engaged in violent criminal activity that would threaten other residents.15Office of the Law Revision Counsel. 42 USC 13661 – Screening of Applicants for Federally Assisted Housing It is a discretionary basis for exclusion, not a mandate.
Immigration and Travel
For noncitizens, the stakes jump well past the fine. Under 8 U.S.C. § 1227(a)(2)(E)(i), any noncitizen convicted of a “crime of domestic violence” after admission is deportable.16Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens The federal definition turns on whether the offense is a “crime of violence,” which generally requires use, attempted use, or threatened use of physical force. Whether a Texas Class C offensive-contact conviction meets that threshold is not settled, so some Class C family violence convictions may fall below the federal “crime of violence” bar and some may not. It is not something to guess at. Talk to an immigration lawyer before entering any plea.
Even where a Class C conviction does not technically trigger deportation, it can complicate naturalization, visa renewals, and applications for lawful permanent residence, because immigration officers have wide discretion in evaluating “good moral character.”
Travel is a separate problem, and Canada is the most common pinch point. Canadian border officials classify foreign offenses by their closest Canadian equivalent, and most domestic violence offenses line up with hybrid offenses under Canadian law, which makes you inadmissible. If less than five years have passed since you finished your sentence, including probation, entry requires a Temporary Resident Permit. After five years you can apply for Criminal Rehabilitation. After ten years you may be deemed rehabilitated automatically in most circumstances. Other countries run their own screens, and a family violence conviction on a background check can create problems in ways that are hard to predict in advance.
Can You Clean the Record Later?
Your options depend entirely on how the case ended.
- If you were convicted, you cannot expunge the conviction, and you cannot get an order of nondisclosure for any offense involving family violence. The finding stays.
- If you completed deferred disposition and the case was dismissed under Article 45.051, the dismissal is not a conviction and the records may be eligible for expunction. This is the cleanest path.
- If the charges were dropped or you were acquitted, expunction is available.
The federal firearm disability under 18 U.S.C. § 922(g)(9) can be lifted if the conviction is expunged, set aside, or pardoned, so long as the expungement or pardon does not expressly keep the firearm bar in place.7Office of the Law Revision Counsel. 18 USC 921 – Definitions Because a straight Texas conviction cannot be expunged, the realistic routes for restoring federal firearm rights after conviction are a gubernatorial pardon or a federal restoration-of-rights application. Neither is easy to secure, which is one more reason that avoiding a conviction in the first place, usually through deferred disposition, is worth the effort when it is available.