What Counts as Domestic Violence in Texas?

 Posted on October 17, 2026 in Criminal Defense

Domestic violence, called "family violence" in Texas, can apply to more than physically hurting someone. It can include other actions, such as sexual abuse and threats. Whether an incident counts as family violence affects what criminal charges can be made. If you've been arrested in 2026, our Cleburne, TX domestic violence lawyer can explain what happens next.

How Does Texas Law Define Family Violence?

Texas defines family violence as certain harmful acts or threats involving family members, household members, or people in a dating relationship. It can be actual harm, something that's meant to cause harm, or sexual assault (Texas Family Code Section 71.004). Threats that reasonably put the other person in fear of imminent harm can also count.

If you acted to protect yourself, it's not considered family violence under this law. Whether a court believes you acted in self-defense can depend on the evidence, such as injuries, witnesses, and 911 calls.

Who Is Covered by Texas Family Violence Laws?

Texas law covers family members, household members, and dating partners, even if they do not live together. People covered by these laws include:

• A spouse or former spouse
• Anyone related to you by blood or by marriage
• The other parent of your child, whether or not you were ever married
• A foster child or foster parent
• Anyone you live with, or used to live with, even if you aren't related
• Someone you're dating or used to date in a romantic relationship

The nature of the relationship is important in Texas law. Casual acquaintances do not count as family members, even if you see them frequently.

What Charges Can be Made After a Family Violence Incident in Texas?

Most family violence cases are charged as assault (Texas Penal Code Section 22.01). When the alleged victim is a family member, household member, or dating partner, the charge is often called assault family violence. The level of the charge depends on what happened and on your record.

Assault Causing Bodily Injury

Causing bodily injury to a family or household member is usually a Class A misdemeanor. A Class A misdemeanor can carry up to a year in jail. Bodily injury can mean physical pain even if it doesn't leave a lasting mark.

Threats and Offensive Contact

Threatening someone or touching them in a way they'd find offensive is usually a Class C misdemeanor. This is generally fined rather than punished by jail time, but still counts as a criminal charge.

Choking or Strangulation

Impeding someone's normal breathing or blood flow by pressing on their throat or neck, or by blocking their nose or mouth, is a third-degree felony when it involves a qualifying family, household, or dating relationship. That's true even on a first offense. A qualifying prior conviction can increase the charge to a second-degree felony.

Repeat offenses make the consequences more serious. A prior family violence conviction can raise a new bodily injury assault to a third-degree felony. Two or more family violence assaults causing bodily injury within 12 months can also be charged as continuous violence against the family, which is a third-degree felony.

What Does a Family Violence Finding Mean in Texas?

When a court decides an assault involved family violence, the judge has to enter an "affirmative finding" in the judgment. This finding stays on your record. It can make getting a job or housing harder. It can also make a later charge a felony, and it can affect your right to own a firearm under federal law. A family violence finding may also come up in a custody case or a protective order hearing.

What Happens if I'm Not a U.S. Citizen and I'm Charged With Domestic Violence?

A domestic violence conviction can affect your immigration status. It may lead to deportation or make it harder to get a green card or citizenship later. Even a plea deal that seems minor can have immigration consequences. If you aren't a citizen, speak with an attorney about your situation before accepting any plea deal.

Call a Fort Worth, TX Family Violence Lawyer Today

Our Cleburne, TX criminal defense attorney has extensive experience in both criminal and immigration law. He understands the special challenges an immigrant faces after an arrest and what must be done right away to protect their status. You'll get personalized, one-on-one guidance from start to finish. Our team works with clients on a case-by-case basis on pricing.

Call The Meza Law Firm, PLLC at 817-732-6392 today. Hablamos español.