Under the Texas Penal Code, family violence is not a standalone offense but a category that reshapes other crimes — most often assault — when they occur between people in a family, household, or dating relationship. The classification raises the penalty range, triggers an affirmative finding on the judgment, and sets up an automatic felony enhancement if there is ever a second offense. A first conviction can mean up to a year in jail; a second conviction for the same conduct becomes a third-degree felony punishable by up to 10 years in prison.
Who Counts as Family or Household
The relationship between the parties is the threshold question in every case. Texas Family Code Section 71.004 defines family violence as an act by one member of a family or household against another intended to cause physical harm, bodily injury, or sexual assault, or that places the other person in reasonable fear of such harm. Self-defense is specifically excluded from the definition.1State of Texas. Texas Family Code FAM 71.004 – Family Violence
The covered relationships are broader than most people assume. They include people related by blood or marriage, former spouses, parents of the same child, foster parents and children, and anyone living in the same household whether or not they are related.2State of Texas. Texas Family Code 71.005 – Household A continuing romantic or intimate relationship also qualifies, which pulls in current and former dating partners. Roommates and short-term cohabitants can fall within the statute even without a romantic connection.
Assault as the Core Charge
Most family violence prosecutions begin with assault under Texas Penal Code Section 22.01. A person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another, or by making physical contact the other person would regard as offensive.3State of Texas. Texas Penal Code 22.01 – Assault When the complainant is a family or household member and the assault causes bodily injury, the baseline charge is a Class A misdemeanor. That carries up to one year in county jail and a fine of up to $4,000.4State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor
Visible injury is not required. Pain alone can satisfy the bodily injury element, and offensive contact without injury can still support a misdemeanor charge.
When the Charge Becomes a Felony
Three paths move a family violence case out of misdemeanor territory, and all of them live in Section 22.01 and its neighbors.
Strangulation on a First Offense
If the assault involves impeding breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth, the charge is a third-degree felony even without any prior conviction.3State of Texas. Texas Penal Code 22.01 – Assault Third-degree felonies carry 2 to 10 years in state prison and a fine of up to $10,000.5State of Texas. Texas Penal Code PENAL 12.34 – Third Degree Felony Punishment Strangulation with a prior family violence conviction becomes a second-degree felony.
Any Prior Family Violence Conviction
This is the enhancement most defendants underestimate at the plea stage. A new assault against a family or household member becomes a third-degree felony if the defendant has any previous conviction for an offense committed against a family or household member, including assault, continuous violence, or a protective order violation involving assault.6State of Texas. Texas Penal Code PENAL 22.01 – Assault A misdemeanor conviction with a one-year ceiling becomes a felony with a 10-year ceiling the second time around.
Continuous Violence Against the Family
Penal Code Section 25.11 creates a separate felony for patterns of abuse. Two or more assaults against family or household members within a 12-month period make out the offense, a third-degree felony punishable by 2 to 10 years in prison and a fine of up to $10,000. Jurors do not have to agree on which specific incidents occurred. They only need to agree unanimously that at least two assaults took place within the 12-month window, which makes the charge easier to prove than individual assault counts.7State of Texas. Texas Penal Code PENAL 25.11 – Continuous Violence Against the Family
Threats, Harassment, and Stalking
Physical contact is not required. Under Penal Code Section 22.07, a terroristic threat is a Class B misdemeanor in most contexts, but when the threat targets a family or household member it is elevated to a Class A misdemeanor, raising the ceiling from 180 days and $2,000 to one year and $4,000.8State of Texas. Texas Penal Code PENAL 22.07 – Terroristic Threat
Harassment under Section 42.07 covers repeated threatening phone calls, unwanted electronic communications, and tracking someone’s vehicle or phone without consent.9State of Texas. Texas Penal Code PENAL 42.07 – Harassment When that conduct becomes a pattern directed at one person and causes them to fear bodily injury, it becomes stalking under Section 42.072, a third-degree felony. A second stalking conviction is a second-degree felony, punishable by 2 to 20 years in prison.10State of Texas. Texas Penal Code PENAL 42.072 – Stalking
Unlawful restraint can also appear in family violence cases. Restricting another person’s movement without consent is a Class A misdemeanor, with no injury required. If the person restrained is under 17, the offense is a state jail felony.11State of Texas. Texas Penal Code PENAL 20.02 – Unlawful Restraint
The Affirmative Finding of Family Violence
When a Title 5 offense involves family violence, the court is required to enter an affirmative finding of family violence in the judgment.12State of Texas. Texas Code of Criminal Procedure Art. 42.013 – Finding of Family Violence The finding is permanent, and it is the mechanism that drives the prior-conviction enhancement. It attaches to pleas as well as trial convictions, so a defendant who takes a Class A misdemeanor deal on a “simple” assault still leaves court with the finding on the record. Any later assault against a family or household member will then be charged as a felony.
Protective Orders Tied to the Charge
Protective orders operate alongside the criminal case and carry independent criminal penalties when violated.
Magistrate’s Emergency Protective Order
When someone is arrested for family violence, a magistrate can issue an emergency protective order at the time of arraignment, often before the defendant posts bond. Under Code of Criminal Procedure Article 17.292, these orders last at least 31 days and up to 61 days; if a deadly weapon was involved, the range is 61 to 91 days.13State of Texas. Texas Code of Criminal Procedure Art. 17.292 – Magistrates Order for Emergency Protection The magistrate can prohibit contact, bar the defendant from the protected person’s home or workplace, require GPS monitoring, and suspend the defendant’s handgun license.
Temporary Ex Parte and Final Protective Orders
A victim can also petition for a protective order under Family Code Chapter 85. If there is immediate danger, the court can issue a temporary ex parte order for up to 20 days without the respondent present. After a full hearing, a final protective order can last up to two years, with extensions available in cases involving serious harm or ongoing threats.14State of Texas. Texas Family Code Chapter 85 – Issuance of Protective Order These orders can prohibit further violence, communication, going near the protected person’s home or workplace, and possession of firearms.
Violating a Protective Order Is Its Own Crime
Under Penal Code Section 25.07, violating a protective order is a Class A misdemeanor on its own. It becomes a state jail felony or a third-degree felony depending on the circumstances, and it is a third-degree felony regardless of prior record if the violation involves committing an assault or stalking.15State of Texas. Texas Penal Code PENAL 25.07 – Violation of Certain Court Orders or Conditions of Bond
Texas protective orders are also enforceable in every other state, territory, and tribal jurisdiction under the federal Violence Against Women Act, without any requirement to register the order in the new location.16Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
Defenses Recognized by the Penal Code
Self-defense is the most common defense raised in these cases. Section 9.31 allows a person to use force when they reasonably believe it is immediately necessary to protect themselves against another person’s unlawful force. The force used must be proportional to the threat, and verbal provocation alone never justifies force.17State of Texas. Texas Penal Code 9.31 – Self-Defense The Family Code’s definition of family violence likewise excludes defensive measures.
Lack of intent is a second line of defense. Assault requires that the defendant acted intentionally, knowingly, or recklessly.3State of Texas. Texas Penal Code 22.01 – Assault Genuinely accidental contact — someone pulling away and unintentionally striking the other person, for example — can defeat the charge.
A defense can also target the relationship element itself. If the prosecution cannot prove the parties fit a family, household, or dating category, the family violence enhancement falls away. The underlying assault charge may remain, but without the elevated penalty range and the affirmative finding.
Consequences Beyond the Sentence
The jail time and fine are only part of what a conviction carries. Several collateral consequences change the defendant’s life well after the sentence ends.
Federal Lifetime Firearms Ban
Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing any firearm or ammunition.18Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This federal ban is lifetime, and unlike most federal firearms prohibitions it has no exception for law enforcement officers or military personnel.19Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions Violating the ban is a separate federal crime punishable by up to 15 years. The Department of Justice has announced a federal rights-restoration process under 18 U.S.C. § 925(c), but as of 2026 the application system is still being developed.20The United States Department of Justice. Federal Firearm Rights Restoration
Child Custody
Texas family courts treat an affirmative finding of family violence as a serious factor in custody and visitation. Possible outcomes range from supervised visitation to restricted access to complete denial of custody. The finding entered in the criminal case often becomes direct evidence in the family court proceeding.
Employment, Housing, and Licensing
Background checks pick up both misdemeanor and felony family violence convictions, and they can disqualify applicants from positions in education, healthcare, and law enforcement. Landlords commonly screen for violent-offense histories. Professional licensing boards in fields like medicine, nursing, and law typically require disclosure of any criminal conviction and can impose discipline up to license revocation.
Immigration
For noncitizens, a family violence conviction can trigger removal proceedings and bar certain immigration benefits. Victims who are themselves noncitizens have separate protections: the Violence Against Women Act allows an abused spouse of a U.S. citizen or lawful permanent resident to self-petition for legal status without the abuser’s involvement, and a U visa may be available to victims who cooperate with law enforcement in the investigation or prosecution.21U.S. Citizenship and Immigration Services (USCIS). Victims of Criminal Activity: U Nonimmigrant Status