Domestic violence in Texas is prosecuted under the label “family violence,” which covers any act intended to cause physical harm, bodily injury, assault, or sexual assault against a family member, household member, or dating partner, along with threats that put the person in reasonable fear of imminent harm.1State of Texas. Texas Family Code 71.004 – Family Violence A first offense is typically a Class A misdemeanor, but strangulation, a prior conviction, or repeated incidents push it to a felony. The consequences reach well past the sentence itself: a permanent federal firearm ban, a presumption against custody, and deportation exposure for non-citizens.
What Counts as Family Violence
The physical-harm threshold is lower than most people assume. Texas defines “bodily injury” as any physical pain, illness, or impairment of physical condition.2State of Texas. Texas Penal Code 1.07 – Definitions No broken bones, no bruises, no visible mark required. A hard grab during an argument can meet the standard. Acts of self-defense are explicitly excluded from the family violence definition.1State of Texas. Texas Family Code 71.004 – Family Violence
The statute also covers certain child abuse by a family or household member and all acts of dating violence.
Which Relationships the Law Covers
Family violence law only applies if the two people fit into one of three categories.
Family is defined broadly: 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.3State of Texas. Texas Family Code 71.003 – Family The relationship doesn’t need to be current. An assault on an ex-spouse years after the divorce still qualifies.
Household members are people living together in the same home, related or not. Former roommates still count. An altercation with someone who moved out months ago can be charged as family violence rather than ordinary assault.
Dating partners are people in a continuing romantic or intimate relationship. Courts look at the length of the relationship, the nature of the interaction, and the frequency of contact.4State of Texas. Texas Family Code 71.0021 – Dating Violence A casual acquaintance or a coworker you’ve socialized with doesn’t qualify.
Jail and Prison Penalties
A first-time domestic assault that causes bodily injury is a Class A misdemeanor.5State of Texas. Texas Penal Code 22.01 – Assault A conviction carries up to one year in county jail and a fine of up to $4,000.6State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor The jail time is only part of what’s at stake; the collateral consequences discussed below often outlast any sentence.
Three circumstances push the charge up to a third-degree felony:
- A prior conviction for any offense committed against a family, household, or dating-relationship victim.5State of Texas. Texas Penal Code 22.01 – Assault
- Choking or strangulation, meaning any assault that restricts breathing or blood circulation by pressing on the throat or neck or blocking the nose or mouth. No prior record is needed.
- Two or more domestic assaults within any 12-month period, charged as “continuous violence against the family.”7State of Texas. Texas Penal Code 25.11 – Continuous Violence Against the Family
A third-degree felony carries two to ten years in prison and a potential fine of up to $10,000.8State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
What Happens Right After an Arrest
At the defendant’s first court appearance after a family violence arrest, a magistrate can issue an emergency protective order, often within hours of the arrest and before any lawyer is involved.9State of Texas. Texas Code of Criminal Procedure Art. 17.292 – Magistrate’s Order for Emergency Protection The magistrate can act on their own, or at the request of the victim, a guardian, a peace officer, or the prosecutor.
The order is mandatory, with no magistrate discretion, if the arrest involved serious bodily injury or the use or display of a deadly weapon. For most arrests the order runs 31 to 61 days; where a deadly weapon was used, it runs 61 to 91 days. Violating any term is itself a crime.
The Affirmative Finding of Family Violence
When a court convicts someone of any offense involving family violence, it must enter an “affirmative finding of family violence” in the judgment.10Texas Public Law. Texas Code of Criminal Procedure Art. 42.013 – Finding of Family Violence That notation on the record is the trigger for most of the long-term consequences below. It means a later domestic assault will be charged as a felony, it activates the federal firearm ban, and it can be introduced in a custody case.
Losing Firearm Rights
Federal law bars anyone convicted of a “misdemeanor crime of domestic violence” from possessing any firearm or ammunition.11Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts The ban applies no matter how light the sentence was — probation, a fine, or time served all count the same.
For offenses against a spouse, former spouse, co-parent, cohabitant, or someone similarly situated, the ban is permanent.12Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence For offenses involving a dating partner, federal law allows rights to be restored after five years under certain conditions. There is no exception for law enforcement; active peace officers lose personal firearm rights under the same rules. Possessing a firearm in violation of the ban is a separate federal crime punishable by up to 15 years in prison.
Effect on Child Custody
A family violence finding changes the ground a custody case is fought on. Texas law prohibits a court from appointing parents as joint managing conservators where there is credible evidence of a history or pattern of physical or sexual abuse by one parent against the other parent, a spouse, or a child.13State of Texas. Texas Family Code 153.004 – History of Domestic Violence
Beyond that, there is a rebuttable presumption that appointing a parent with a history of family violence as the sole managing conservator, or as the parent who decides where the child lives, is not in the child’s best interest. The accused parent begins at a disadvantage and must present evidence strong enough to overcome the court’s starting assumption. In practice, that’s a steep hill.
Immigration Consequences for Non-Citizens
A non-citizen convicted of a “crime of domestic violence” after being admitted to the United States is deportable under federal immigration law. The statute reaches any violent crime against a current or former spouse, cohabitant, co-parent, or someone similarly protected under state family violence law. A misdemeanor is enough. Violating a protective order that protects against threats, harassment, or bodily injury is a separate, independent ground for deportation.14Office of the Law Revision Counsel. 8 U.S.C. 1227 – Deportable Aliens
Non-citizen victims have two main federal options, both designed so an abuser cannot use immigration status as leverage. Under the Violence Against Women Act, the abused spouse or child of a U.S. citizen or lawful permanent resident can self-petition for status without the abuser’s knowledge. The applicant must show a qualifying family relationship, a good-faith marriage (for spouses), the abuse itself, shared residence, and good moral character.15U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3, Part D, Chapter 2 – Eligibility Requirements and Evidence USCIS accepts any credible evidence.
A U-visa is the second route, for victims of qualifying crimes who have cooperated with law enforcement. The application requires a certification from an authorized official confirming the victim was, is, or is likely to be helpful to the investigation or prosecution.16U.S. Citizenship and Immigration Services. Victims of Criminal Activity: U Nonimmigrant Status If the victim is under 16 or has a disability that prevents direct cooperation, a parent, guardian, or next friend can assist on their behalf.
Civil Protective Orders for Victims
Separate from the emergency order that follows an arrest, a victim can petition a court for a civil protective order by showing that family violence has occurred. These orders stand on their own; a victim can seek one even if no arrest was ever made.
A protective order can prohibit threatening or harassing communication and, with good cause, block all contact except through an attorney. It can bar the person from going near the victim’s home, workplace, and any school or child-care facility a protected child attends, with exact distances specified. It can prohibit possessing a firearm for the order’s duration, unless the person is an on-duty peace officer. It can forbid tracking the victim’s vehicle or electronics through apps or GPS devices, and it can bar harming pets or assistance animals.17State of Texas. Texas Family Code 85.022 – Requirements of Order Applying to Person Who Committed Family Violence
A standard protective order lasts up to two years, or until the second anniversary of its issue date if no period is stated.18State of Texas. Texas Family Code 85.025 – Duration of Protective Order A court can extend it beyond two years if the abuser caused serious bodily injury or has been the subject of two or more previous protective orders.
Violating a protective order is a Class A misdemeanor on its own. It becomes a third-degree felony with two or more prior violation convictions, or if the violation involved an assault or stalking.19State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders or Conditions of Bond A third-degree felony carries two to ten years in prison.