A terroristic threat against a family or household member in Texas is a Class A misdemeanor, and the penalties go well past the jail cell. The sentence itself tops out at one year in county jail and a $4,000 fine, but a conviction also triggers a mandatory court finding of family violence that strips firearm rights under federal law, permanently blocks record sealing, and can reshape custody, immigration status, and professional licensing for years after the case ends.1State of Texas. Texas Penal Code Section 22.07 – Terroristic Threat
Jail Time and Fines
A standard terroristic threat is a Class B misdemeanor. When the victim is a family member, household member, or dating partner, the charge becomes a Class A misdemeanor.1State of Texas. Texas Penal Code Section 22.07 – Terroristic Threat That means up to one year in county jail, a fine of up to $4,000, or both.2State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
Judges can also impose community supervision in place of jail. Probation typically requires regular meetings with a probation officer, anger management or batterer intervention classes, and strict compliance with any protective orders in place. Failing to complete those programs can lead to revocation and the original jail sentence being imposed.
Prior domestic cases weigh heavily. The statute itself doesn’t contain a felony enhancement for repeat terroristic threat offenders, but prosecutors use a defendant’s record to push for the maximum. A second or third domestic charge rarely draws probation when a first-time case might have.
The Family Violence Finding That Locks Everything Else In
This is the consequence most defendants don’t see coming. When a conviction involves family violence for any offense under Title 5 of the Penal Code, which includes terroristic threats, the judge is required by law to enter an “affirmative finding of family violence” in the judgment.3State of Texas. Texas Code of Criminal Procedure Article 42.013 – Finding of Family Violence It is not discretionary.
The finding is permanent. It cannot be expunged, sealed, or set aside. It sits on the face of the judgment and follows the defendant through every future background check, custody dispute, and licensing review. It is also the trigger for nearly every collateral consequence that follows, from the federal firearm ban to the nondisclosure bar. Defendants who plead guilty or accept deferred adjudication without understanding the finding often regret it, because by then the damage is locked in.
Federal Firearm Ban
Federal law makes it illegal for anyone convicted of a misdemeanor crime of domestic violence to possess, ship, or receive any firearm or ammunition.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A terroristic threat conviction with an affirmative finding of family violence qualifies. The ban is not temporary. It applies nationwide, overrides any Texas License to Carry, and has no built-in expiration or restoration process.
The restriction reaches further than personal gun ownership. It disqualifies people from careers in law enforcement, military service, private security, and any job requiring access to firearms. Violating the federal ban is itself a felony punishable by up to 15 years in federal prison.
Record Sealing Is Off the Table
Texas law flatly bars nondisclosure orders for offenses involving family violence.5State of Texas. Texas Government Code Section 411.074 – Required Conditions If the court entered an affirmative finding of family violence, which is mandatory for these convictions, the defendant is permanently ineligible to seal the record. That holds true even if the outcome was deferred adjudication rather than a conviction.
Deferred adjudication is often pitched as a path to keeping your record clean, because for most offenses it allows a future nondisclosure petition. Family violence offenses are the major exception. The conviction or deferred adjudication, the finding, and all associated records stay visible on background checks indefinitely. Anyone weighing a plea should understand this before signing.
Emergency Protective Order at First Appearance
At the defendant’s first appearance before a magistrate after arrest, the court can issue a Magistrate’s Order for Emergency Protection on its own initiative or at the request of the victim, a peace officer, or the prosecutor.6State of Texas. Texas Code of Criminal Procedure Article 17.292 – Magistrates Order for Emergency Protection If the offense involved serious bodily injury or use of a deadly weapon, the magistrate must issue the order.
A standard order runs for 61 to 91 days. If the underlying offense involved a deadly weapon, the range shifts to 91 to 121 days.6State of Texas. Texas Code of Criminal Procedure Article 17.292 – Magistrates Order for Emergency Protection The order can prohibit the defendant from contacting the victim, from going near the victim’s home or workplace, from going near a child’s school or daycare, and from possessing firearms.
Violating the order is a separate criminal offense that can result in immediate re-arrest. The victim cannot waive the order or give the defendant permission to ignore it. Only the court can modify or lift its terms.
Custody and Divorce Fallout
An affirmative finding of family violence carries real weight in family court. Texas judges making custody decisions are required to consider evidence of family violence, and a documented finding on a criminal judgment makes that evidence self-proving. Courts can restrict a parent’s access to their children, require supervised visitation, or limit decision-making authority based on the finding.
The finding can also shape divorce proceedings, property division, and spousal support. In contested custody cases, the opposing party will almost certainly introduce the criminal judgment, and the finding removes any need to relitigate whether the offense involved family violence.
Deportation Risk for Non-Citizens
Non-citizens face an added layer of risk. Federal immigration law makes any person convicted of a “crime of domestic violence” deportable, regardless of status or how long they have lived in the United States.7Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A terroristic threat with a family violence finding fits squarely within that category.
Deportation isn’t the only exposure. A domestic violence conviction can block naturalization, prevent adjustment to lawful permanent resident status, and create bars to re-entry if the person leaves the country. Immigration courts treat a no-contest plea the same as a guilty plea. For non-citizens, the immigration consequences may be more severe than the criminal sentence itself.
Professional Licensing
A conviction with a family violence finding can jeopardize state-issued professional licenses. Teachers, nurses, counselors, real estate agents, and other licensed professionals may face disciplinary review. Texas licensing boards generally treat domestic violence convictions as relevant to fitness to practice, and the affirmative finding makes the nature of the offense immediately apparent on the record.
Many boards also impose self-reporting requirements. Failing to disclose the conviction can be treated as independent grounds for discipline, separate from the conviction itself. Combined with a permanent, unsealable record, the professional fallout tends to surface sooner and last longer than defendants expect.
The Victim Cannot Drop the Charges
One of the most common misconceptions in domestic cases is that the alleged victim controls whether the case moves forward. They do not. Once an arrest is made and a report is filed, the decision to prosecute belongs to the district or county attorney’s office. Many Texas counties enforce explicit “no-drop” policies for family violence cases, meaning the prosecutor will press on even if the victim asks them to stop.
A victim can share their wishes with the prosecutor, and their reluctance to cooperate may affect the state’s view of the case. But they cannot withdraw a charge, dismiss the case, or override the prosecutor. Prosecutors have independent access to 911 recordings, body camera footage, medical records, and other evidence that can carry a case without the victim’s testimony. Assuming the case will disappear because the victim “doesn’t want to press charges” is a dangerous bet.
Who Counts as Family or Household
The domestic label that drives all of these consequences sweeps broader than spouses. Texas draws these definitions from the Family Code. “Family” includes anyone related by blood or marriage, former spouses, and people who share a child whether or not they were ever married.8State of Texas. Texas Family Code Section 71.003 – Family Foster parents and foster children also qualify, even if they no longer live together.
“Household” covers anyone living in the same dwelling, related or not.9State of Texas. Texas Family Code Section 71.005 – Household Roommates with no romantic or family tie count, as can former roommates if the alleged threat grew out of that living arrangement. Dating relationships get separate protection, measured by length of the relationship, its romantic or intimate nature, and how often the two people interacted.10State of Texas. Texas Family Code Section 71.0021 – Dating Violence A casual acquaintance from work or a social setting does not meet the standard, but a former boyfriend or girlfriend of several months almost certainly does.