In Texas, assault family violence is an assault committed against a family member, household member, or dating partner, and it is punished more harshly than an ordinary assault. A first offense causing bodily injury is a Class A misdemeanor carrying up to a year in jail and a $4,000 fine. The same act becomes a third-degree felony punishable by two to ten years in prison if the accused has a prior family violence conviction or choked the alleged victim.1State of Texas. Texas Code 22.01 – Assault The charge also triggers firearm bans, custody restrictions, and a permanent mark on the criminal record that cannot be sealed.
Who Counts as Family, Household, or Dating Partner
The relationship between the accused and the alleged victim is what turns a plain assault into a family violence case. Texas defines that relationship broadly, across three categories set out in the Family Code.
Family, under Section 71.003, covers anyone related by blood or marriage, former spouses, parents who share a child regardless of whether they were ever married, and foster parents and foster children.2State of Texas. Texas Code Family Code 71.003 – Family
Household, under Section 71.005, means people living together in the same dwelling, whether or not they are related. Roommates with no romantic connection are covered.3State of Texas. Texas Code Family Code 71.005 – Household
Dating relationship, under Section 71.0021, covers people who have or previously had a continuing romantic or intimate relationship. Courts look at how long the relationship lasted, its nature, and how frequently the parties interacted. A casual acquaintance or ordinary socializing in a business or social setting does not count.4State of Texas. Texas Code Family Code 71.0021 – Dating Violence
If the alleged victim fits any of these categories, the case falls under Section 71.004’s definition of family violence, which covers any act intended to cause physical harm, bodily injury, assault, or sexual assault.5State of Texas. Texas Code Family Code 71.004 – Family Violence That single classification changes how the case is charged, prosecuted, and punished.
What Conduct Counts as Assault
Texas Penal Code Section 22.01 recognizes three types of conduct as assault, and each one applies in the family violence context.
The first is causing bodily injury. That means intentionally, knowingly, or recklessly causing physical harm to another person. The threshold is low. “Bodily injury” is defined as any physical pain, illness, or impairment of physical condition, so a bruise, a scratch, or even brief pain from being grabbed qualifies.6State of Texas. Texas Penal Code 1.07 – Definitions
The second is threatening imminent bodily injury. No physical contact is necessary. A raised fist during an argument, cornering someone against a wall, or a specific verbal threat can all support this charge if it made the alleged victim reasonably fear they were about to be hurt.
The third is offensive or provocative contact. This covers intentional touching that the accused knows or should know the other person will find offensive, like shoving, poking, or grabbing clothing during a confrontation. It doesn’t require pain.1State of Texas. Texas Code 22.01 – Assault
Which of the three the state alleges drives the base charge level. Bodily injury triggers the highest starting classification; threats and offensive contact start lower.
Penalty Levels
Class C Misdemeanor
Assault by threat or offensive contact, where no bodily injury occurs, is a Class C misdemeanor under Section 22.01(c). It carries a fine of up to $500 and no jail time.7State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor The fine is small, but a Class C with a family violence finding still triggers the collateral consequences described below, including firearm restrictions and problems sealing the record.
Class A Misdemeanor
A first-time assault causing bodily injury against a family member, household member, or dating partner is a Class A misdemeanor. This is the most common family violence charge. The penalty is up to one year in county jail, a fine of up to $4,000, or both.8State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
Third-Degree Felony Enhancements
Three situations push the charge to a third-degree felony, which carries two to ten years in prison and a fine of up to $10,000:9State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- Strangulation or suffocation. If the accused impeded the victim’s breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth, the charge jumps straight to a third-degree felony, even on a first offense.1State of Texas. Texas Code 22.01 – Assault
- A prior family violence conviction. If the accused has any prior conviction for assault against a family member, household member, or dating partner, a second offense becomes a third-degree felony. It applies even if the prior offense was years ago or involved a different victim.1State of Texas. Texas Code 22.01 – Assault
- Continuous violence against the family. Under Section 25.11, two or more acts of family violence assault within any 12-month period can be charged as a standalone third-degree felony, even if neither individual incident produced a separate conviction.10State of Texas. Texas Penal Code 25.11 – Continuous Violence Against the Family
What Happens Right After Arrest
Family violence arrests move fast. Two things typically happen before the accused ever sees a trial court.
Emergency Protective Order
When someone is arrested for a family violence offense that involved serious bodily injury or a deadly weapon, the magistrate is required to issue an emergency protective order. For other family violence arrests, the magistrate has discretion.11State of Texas. Texas Code of Criminal Procedure Art 17.292 – Magistrates Order for Emergency Protection The order takes effect immediately. It can prohibit contact with the alleged victim and other household members, bar the accused from going near the victim’s home, workplace, or children’s school, require the accused to surrender firearms and suspend any handgun carry license, and prohibit tracking or monitoring the victim.
These orders last at least 31 days and can extend up to 91 days depending on the circumstances. The accused cannot negotiate them away, and violating one is a separate criminal offense.
Bond Conditions
The magistrate can also impose conditions on the bond itself, commonly including no-contact provisions, stay-away requirements, GPS monitoring, and firearm prohibitions. Violating a bond condition in a family violence case is a criminal offense under Penal Code Section 25.07, chargeable as a Class A misdemeanor or, in some cases, a third-degree felony.12State 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 This is where many defendants make the case worse. A frustrated phone call to the alleged victim can trigger a second arrest while the original charge is still pending.
Firearm Consequences
A family violence conviction sets off overlapping state and federal firearm bans, and the federal one is permanent.
Under Texas Penal Code Section 46.04, a person convicted of a Class A misdemeanor family violence assault cannot possess a firearm for five years after the later of release from confinement or the end of community supervision. Violating that restriction is itself a Class A misdemeanor.13State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm
Federal law goes further. Under 18 U.S.C. ยง 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing any firearm or ammunition.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts There is no expiration date and no exception for the passage of time. After the five-year state restriction ends, the federal ban continues for life. For anyone whose career involves firearms, including law enforcement, military, and security work, this consequence alone can end a career.
Custody Consequences
Family violence findings reshape custody disputes. Texas Family Code Section 153.004 requires courts to consider evidence of abusive physical force or sexual abuse when deciding whether to appoint a parent as a sole or joint managing conservator.15State of Texas. Texas Family Code 153.004 – History of Domestic Violence or Sexual Abuse
The statute does more than require consideration. If the court finds credible evidence of a history or pattern of physical or sexual abuse by one parent against the other parent, a spouse, or a child, the court cannot appoint that parent as a joint managing conservator. There is also a rebuttable presumption that appointing the abusive parent as sole managing conservator, or giving them the right to determine the child’s primary residence, is not in the child’s best interest.15State of Texas. Texas Family Code 153.004 – History of Domestic Violence or Sexual Abuse
Where a preponderance of the evidence shows a history or pattern of family violence within the two years before the suit was filed, the court can deny a parent any access to the child at all. Even when access is granted, the court can require supervised visitation, exchanges in a protective setting, and completion of an intervention program before unsupervised contact is allowed.
Why the Record Cannot Be Sealed
One of the most overlooked consequences of a family violence case is the “affirmative finding.” When a court enters an affirmative finding that an offense involved family violence, that finding follows the defendant permanently and blocks what would otherwise be the most common path to cleaning up a criminal record.
Texas Government Code Section 411.074 makes any person with an affirmative finding of family violence ineligible for an order of nondisclosure. This applies even after successful completion of deferred adjudication community supervision. In most other criminal cases, deferred adjudication opens the door to sealing the record. Family violence is different. The record stays visible to employers, landlords, licensing boards, and anyone else running a background check.16State of Texas. Texas Government Code 411.074 – Required Conditions for Receiving an Order of Nondisclosure
This is where plea negotiations get complicated. Defendants sometimes accept deferred adjudication thinking the case will eventually disappear. In family violence cases, it will not. The affirmative finding also counts as a prior offense for enhancement purposes, so a future family violence charge can be elevated to a felony based on a case that technically ended in a dismissal after deferred adjudication was completed.
Other Lasting Effects
Professional Licensing
Many Texas licensing boards weigh family violence convictions when evaluating applications and renewals. Professions that require background checks, including nursing, teaching, law enforcement, law, and real estate, treat violent offenses as potential grounds for denial or revocation. Because the record cannot be sealed through nondisclosure, the conviction or deferred adjudication surfaces on every background check the board runs. A felony family violence conviction is almost universally disqualifying for positions involving vulnerable populations.
Immigration
For noncitizens, a family violence conviction creates deportation grounds under federal immigration law. Even a misdemeanor can trigger removal proceedings, and this applies to lawful permanent residents and visa holders alike. Immigration judges are not bound by the criminal court’s sentence and can order removal based solely on the conviction. Anyone who is not a U.S. citizen should consult an immigration attorney before entering any plea, including deferred adjudication.
Violating a Protective Order
Violating a protective order or bond condition is a separate offense under Section 25.07, punishable as a Class A misdemeanor. With two or more prior violations, the charge can be enhanced to a third-degree felony.12State 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 Even indirect contact, like sending a message through a mutual friend or turning up at a place where the protected person happens to be, can result in arrest. Courts read these orders strictly, and claiming an accidental violation rarely works as a defense.