Domestic Violence in Texas: Charges, Penalties, and Protective Orders

Domestic violence laws in Texas treat abuse between family members, household members, and dating partners as a distinct category of crime, with charges that start at a Class A misdemeanor and can reach a first-degree felony carrying up to 99 years in prison. The Texas Family Code defines who is protected and provides free protective orders, while the Penal Code sets out the criminal offenses. A conviction or protective order also triggers federal firearm bans and can reshape child custody for years.

Who the Law Protects

Texas Family Code Section 71.004 defines family violence as any act by a family or household member intended to cause physical harm, bodily injury, or sexual assault, or any threat that reasonably puts the other person in fear of those things. Acts of self-defense are excluded.1State of Texas. Texas Family Code Section 71.004 – Family Violence

The protected relationships go well beyond married couples. Under Section 71.003, “family” includes people related by blood or marriage, former spouses, parents who share a child whether or not they were ever married, and foster children and foster parents even if they no longer live together.2State of Texas. Texas Family Code Section 71.003 – Family Section 71.005 adds household members, meaning anyone living in the same dwelling whether or not related. Roommates with no romantic connection fall under this category.3State of Texas. Texas Family Code Section 71.005 – Household

You do not need to live with someone or be related to them. Section 71.0021 covers dating violence, meaning acts against a person you have or had a romantic or intimate relationship with. Courts weigh the length of the relationship, its nature, and how often the people interacted. A casual acquaintance or ordinary socializing in a business or social setting does not qualify.4State of Texas. Texas Family Code Section 71.0021 – Dating Violence The statute also reaches people targeted because of their connection to someone the offender dated, so an attack on a former partner’s new spouse can qualify.

The Criminal Charges

Texas does not have a single statute called “domestic violence.” Several Penal Code offenses apply depending on the injury, whether a weapon was involved, and whether there is a pattern or prior conviction.

Domestic Assault

Under Penal Code Section 22.01, assault against a family member, household member, or dating partner starts as a Class A misdemeanor. It covers intentionally or recklessly causing bodily injury, and also offensive or provocative physical contact where no visible injury results.5State of Texas. Texas Penal Code Section 22.01 – Assault

Two things push the charge up to a third-degree felony. The first is any prior conviction for assault against a family member, household member, or dating partner. The second is strangulation: an assault that involves blocking the other person’s breathing or blood circulation by applying pressure to the throat, neck, nose, or mouth is a third-degree felony even on a first offense. A strangulation assault combined with a prior qualifying conviction becomes a second-degree felony under Section 22.01(b-3).5State of Texas. Texas Penal Code Section 22.01 – Assault

Aggravated Domestic Assault

Penal Code Section 22.02 raises the charge to aggravated assault when the assault causes serious bodily injury or involves a deadly weapon. The offense is normally a second-degree felony. It becomes a first-degree felony when the defendant uses a deadly weapon and causes serious bodily injury to a family member, household member, or dating partner. “Serious bodily injury” means injury that creates a substantial risk of death or causes permanent disfigurement or loss of function of a body part.6State of Texas. Texas Penal Code Section 22.02 – Aggravated Assault

Continuous Violence Against the Family

Section 25.11 lets prosecutors bring a single charge based on a pattern of abuse. If a person commits two or more acts of domestic assault within a 12-month period, the state can file this charge instead of separate cases for each incident, and the earlier incidents do not need to have resulted in arrests or convictions on their own. The offense is a third-degree felony.7State of Texas. Texas Penal Code Section 25.11 – Continuous Violence Against the Family

Penalty Ranges

Even a misdemeanor domestic violence conviction carries consequences that outlast the jail sentence, including a federal firearms ban and permanent visibility on background checks. Deferred adjudication is technically available, but a domestic violence case resolved through deferred adjudication generally cannot be sealed through a nondisclosure order and will remain on your criminal record.

Protective Orders

A protective order is a court order that restricts the person who committed family violence from contacting, threatening, or coming near the victim. Texas charges no filing fee, service fee, or court cost for applicants in a domestic violence case.

How to Apply

Applications are available at the local district clerk’s office, the county courthouse, or the district attorney’s office. The form asks for the respondent’s name and an address where they can be served, the nature of your relationship, and a description of the specific acts of violence with dates, locations, and what happened.12Texas Judicial Branch. Application for Protective Order Medical records, photographs of injuries, police reports, and threatening text messages strengthen the application. You can file in the county where you live or the county where the respondent lives.

Temporary Ex Parte Orders

A judge reviews the application without the respondent being present. If the judge finds a clear and present danger of family violence, a temporary ex parte order can issue immediately and typically lasts up to 14 days until a full hearing is held.13State of Texas. Texas Family Code Section 83.001 – Requirements for Temporary Ex Parte Order The respondent is then formally served, usually by a constable or sheriff, with notice of the order and the hearing date.

Final Protective Orders

At the hearing, both sides present evidence. The court must find that family violence has occurred and is likely to happen again before issuing a final order.14State of Texas. Texas Family Code Section 85.001 – Required Findings and Orders A final order can prohibit further violence, bar threatening or harassing communication, keep the respondent away from the victim’s home, workplace, and a child’s school or daycare, prohibit firearm possession, and order completion of a batterer intervention program. Protections can extend to pets and companion animals.15State of Texas. Texas Family Code FAM 85.022 – Requirements of Order Applying to Person Who Committed Family Violence

How Long It Lasts

A final protective order lasts up to two years. If the order does not state a time period, it expires on the second anniversary of the date it was issued.16State of Texas. Texas Family Code FAM 85.025 – Duration of Protective Order The court can issue a longer order if the respondent committed a felony-level act of family violence, caused serious bodily injury, or was already subject to two or more prior protective orders involving findings of family violence. If the respondent is incarcerated when the order would expire, it automatically extends one or two years past their release, depending on the sentence length.

If a Protective Order Is Violated

Ignoring a protective order is a separate crime under Penal Code Section 25.07. A first violation is a Class A misdemeanor, up to a year in jail and a $4,000 fine. It becomes a state jail felony if the respondent possesses a deadly weapon during the violation, and a third-degree felony with two or more prior violation convictions or if the violation itself involves an assault or stalking.17State of Texas. Texas Penal Code Section 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case Call 911 if a violation occurs. Officers can arrest the respondent without a warrant, and the violation case proceeds separately from any underlying domestic violence charges.

Federal Firearm Consequences

Domestic violence convictions and protective orders both trigger federal firearm prohibitions on top of any state penalty. These are federal crimes and catch people off guard because they operate independently of the Texas case.

Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing, shipping, or receiving any firearm or ammunition. A Class A misdemeanor domestic assault conviction in Texas triggers a lifetime federal gun ban. Violating that ban is a separate federal felony punishable by up to ten years in prison.18Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts

A protective order triggers a separate prohibition under 18 U.S.C. § 922(g)(8). If you are subject to a final protective order issued after a hearing where you had notice and an opportunity to participate, and the order either finds that you represent a credible threat to the physical safety of an intimate partner or child, or explicitly prohibits the use of force against them, you cannot possess firearms while the order is in effect. Texas protective orders routinely include firearm prohibitions, and the state application form itself provides for this restriction.15State of Texas. Texas Family Code FAM 85.022 – Requirements of Order Applying to Person Who Committed Family Violence

Impact on Child Custody

A finding of family violence reshapes custody proceedings in ways people often do not expect until they are already in court. Under Texas Family Code Section 153.004, the court must consider evidence of physical or sexual abuse committed within two years before the custody suit was filed or during the case itself.19State of Texas. Texas Family Code FAM 153.004 – History of Domestic Violence or Sexual Abuse

If credible evidence shows a history or pattern of family violence, the court cannot appoint joint managing conservators. There is a rebuttable presumption that appointing the abusive parent as sole or primary conservator is not in the child’s best interest. The abusive parent can try to overcome the presumption with evidence, but the starting position runs against them.

Visitation also narrows. When a parent has a history of family violence within the two years before filing, the court can deny access entirely. Even short of that, there is a rebuttable presumption against unsupervised visitation. Supervised visitation, restricted pickup and drop-off arrangements, and geographic limitations are common outcomes.

Housing Protections for Victims

If you receive federal housing assistance, the Violence Against Women Act prevents your landlord or housing authority from using the abuse against you. Tenants in HUD-subsidized housing or Section 8 Housing Choice Voucher programs cannot be evicted or have assistance terminated because domestic violence, dating violence, sexual assault, or stalking was committed against them. A landlord also cannot deny your application based on an eviction record, criminal history, or bad credit caused by the abuse.20HUD.gov. Violence Against Women Act (VAWA)

Two practical tools: lease bifurcation lets a housing provider remove the abuser from the lease while you stay, and a Housing Choice Voucher holder can move and keep the voucher. Proof of the violence can be made through a simple self-certification form rather than police reports or court records. Housing providers may not retaliate against tenants for seeking these protections.

Where to Get Help

The National Domestic Violence Hotline is available 24 hours a day at 1-800-799-7233 (SAFE). Advocates can help with safety planning, connect you with local shelters, and walk you through the protective order process. Many Texas counties have victim assistance coordinators in the district attorney’s office who help complete the application paperwork and prepare for hearings at no cost.