Under Texas law, the family violence definition in Texas Family Code § 71.004 covers any act by a family or household member against another that is intended to cause physical harm, bodily injury, or sexual assault, along with any threat that would make a reasonable person fear that kind of harm is imminent. Abuse of a child in the family or household is included as its own category. Actual injury is not required; a credible threat is enough.1State of Texas. Texas Family Code Chapter 71 – Definitions
That short definition does a lot of work. It decides whether a criminal charge carries the “family violence” label, whether a court can issue a protective order, and whether federal firearm restrictions kick in later. The pieces that matter are what counts as the conduct, who counts as family, who counts as a household member, and how dating relationships fit in.
The Conduct the Statute Covers
Section 71.004 reaches three things: acts intended to cause physical harm, bodily injury, or sexual assault; threats that place a reasonable person in fear of imminent harm of that kind; and abuse of a child of the family or household.1State of Texas. Texas Family Code Chapter 71 – Definitions
Two features of the language matter. First, intent is part of the definition for the physical and sexual conduct, so accidental contact is not family violence. Second, the threat prong is measured by what a reasonable person would fear, not by whether the accused meant the words to land that way. A credible threat with no follow-through still qualifies.
Child abuse by a family or household member is included directly in the statute. These cases often draw Child Protective Services alongside any criminal investigation.
The Self-Defense Exception
The statute carves out defensive measures: using force to protect yourself does not count as family violence.1State of Texas. Texas Family Code Chapter 71 – Definitions Texas Penal Code Chapter 9 governs when the use of force is legally justified in self-defense.2State of Texas. Texas Penal Code Chapter 9 – Justification Excluding Criminal Responsibility
In practice, officers responding to a scene where both people show injuries often arrest the person they identify as the primary aggressor and leave the self-defense question for the courts. The exception exists in the statute, but relying on it usually means proving it after an arrest has already happened.
Who Counts as Family
Texas Family Code § 71.003 defines “family” broadly. It covers people related by blood, including parents, children, siblings, and grandparents, and people connected through marriage, including in-laws, stepparents, and stepsiblings. Former spouses are included, so a divorce does not take a relationship outside the statute.3State of Texas. Texas Code Family Code 71.003 – Family
Two people who share a child are family under this section whether or not they ever married or lived together. Foster children and foster parents are also included.3State of Texas. Texas Code Family Code 71.003 – Family When a judge is deciding whether a case qualifies for the family violence label, these categories are the first thing they check.
Who Counts as a Household Member
Texas Family Code § 71.005 defines a household as people living in the same dwelling, with or without any family relationship. Roommates, unmarried partners, and anyone else sharing a residence are household members for purposes of the statute.1State of Texas. Texas Family Code Chapter 71 – Definitions
Section 71.006 adds that a person who used to live in the household still counts as a household member after moving out. Moving to a different address does not end the relationship for family violence purposes.1State of Texas. Texas Family Code Chapter 71 – Definitions
When the question is contested in court, judges look for evidence that the two people actually shared a living space. Utility bills, mail, lease records, or testimony from neighbors can establish that a household existed.
Dating Relationships
Dating violence is defined separately in Texas Family Code § 71.0021. The conduct covered is the same as family violence, but the relationship is a romantic or intimate one rather than a family or household connection.1State of Texas. Texas Family Code Chapter 71 – Definitions
Courts weigh three factors to decide whether a dating relationship existed: how long the relationship lasted, the nature of the relationship, and how often the two people interacted. The statute sets no minimum number of dates, which leaves judges room to look at the character of the connection. A casual acquaintance or a business contact does not qualify.
For state-court purposes, dating violence carries the same criminal consequences as family or household violence and opens the same door to a protective order. The distinction becomes important later, under federal firearm law, where the length of the ban can differ depending on whether the relationship was a dating one or a family or household one.
What Falls Outside the Definition
Several situations that people sometimes assume are covered are not. Conduct between strangers or acquaintances with no family, household, or dating connection is prosecuted under the general assault statutes without the family violence label. A momentary roommate dispute between people who never actually shared a dwelling will not fit the household definition. And force used to protect yourself from an immediate threat is excluded by the statute itself, though establishing that defense is usually a courtroom fight rather than a scene-of-arrest determination.
Why the Definition Carries Weight
The reason the Chapter 71 definitions are worth reading carefully is that attaching the family violence label changes what happens next. A first-offense assault against a family member, household member, or dating partner is typically charged as a Class A misdemeanor under Texas Penal Code § 22.01, with up to a year in county jail and a fine of up to $4,000.4State of Texas. Texas Penal Code 22.01 – Assault The charge climbs to a third-degree felony when the assault involves choking or strangulation, or when the accused has a prior family violence conviction, with two to ten years in state prison and a potential fine of up to $10,000.
A protective order can require the accused to stay away from the victim’s home, workplace, and school, prohibit contact in any form, and set temporary custody arrangements for children. Orders usually last up to two years but can run longer, including permanently in serious cases. Violating a protective order is a separate crime under Texas Penal Code § 25.07, and officers can arrest a violator on the spot without a warrant.5State of Texas. Texas Penal Code 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
The consequence most people do not see coming is federal. Under 18 U.S.C. § 922(g)(9), the Lautenberg Amendment, a misdemeanor conviction for a crime of domestic violence bans the person from possessing firearms or ammunition. When the victim was a spouse, former spouse, co-parent, or someone who shared a home with the accused, the ban is permanent. There is no exception for law enforcement officers or military personnel.6United States Department of Justice. Criminal Resource Manual 1117 – Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence For convictions arising from a dating relationship, the ban can be lifted after five years if the person has only one qualifying conviction and has completed any sentence; a second conviction involving force removes that possibility.7Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Misdemeanor Crimes of Domestic Violence Prohibitions
Each of those consequences turns on the Chapter 71 definitions. Whether a given incident is “family violence” is answered by matching the conduct against § 71.004 and the relationship against §§ 71.003, 71.005, 71.006, or 71.0021. Everything downstream follows from that match.