One minute, you’re in a heated argument with your partner. The next, the police arrive, and you’re facing domestic violence charges—even though you may have only been defending yourself. Now, you’re left wondering how to protect your rights and avoid serious legal consequences.
Ideally, you can reconcile with your loved one, hire an experienced domestic violence attorney, and get everything back to where it was before this unfortunate situation ever began. That’s where our firm can help.
Whether you’re seeking to protect yourself in a case or are facing accusations, understanding what is considered domestic violence in Texas is crucial. In the article below, we explore the state definition of domestic violence, the types of domestic abuse, and what steps you can take if the State charges you with this crime.
How Is Domestic Violence Defined in Texas?
In Texas, domestic violence is addressed under the Texas Family Code in Chapter 71 and Chapter 22 of the assaultive offenses portion of the Texas Penal Code. The law defines domestic violence—also called family violence—as an act or threat of physical harm, bodily injury, assault, or sexual assault committed by one family member against another. This can include:
- Spouses,
- Parents
- Dating partners,
- Children,
- Siblings,
- Aunts and uncles; and
- Co-parents.
Domestic violence can also extend to threats or harassment when it places the victim in reasonable fear of harm.
Elements of Family Violence
Family violence includes two key elements:
- The victim is a family or household member. A spouse, former spouse, or dating partner qualifies as a family or household member. It also includes someone living in the same household that is not a relative or someone related by blood or marriage.
- The prohibited act involves intentional harm or the threat of imminent harm. These acts include those that involve physical injury, sexual assault, or actions intended to intimidate or threaten the victim with imminent harm. If there is not an injury, the charge may be filed as an assault-contact in a lower level court.
The penalties for domestic violence vary based on the severity of the offense, from misdemeanors to felonies. However, even a first-time family violence assault charge can carry harsh consequences such as jail time, fines, and a lasting criminal record.
If there is not an injury, the charge may be filed as an assault-contact in a lower level court, which has less harsh penalties. However, if there is an injury, which basically means any pain at all, the case will be filed in a higher level court and require a bond and bond conditions.
Assault Bodily Injury
The most commonly filed type of domestic violence charge is an Assault Bodily Injury – Family Violence, which is a Class A misdemeanor. This charge carries the potential for a domestic violence finding for life, up to a year in jail, a $4,000 fine, and the potential to be labeled as violent for life. Due to the finding of “family violence,” these types of charges carry extreme repercussions outside of the fine and potential jail time. Anyone facing these charges should not take it lightly, as the family violence finding can stick with your record for life in Texas.
Our criminal defense attorneys can help you understand the full scope of domestic violence laws at play in your situation so that you can effectively protect your rights. At our firm, your future is our top priority.
Types of Domestic Violence in Texas
State law recognizes several types of domestic violence, each with specific legal implications. These categories help courts determine the severity of the crime and the appropriate legal consequences.
Physical Domestic Violence
Physical violence involves any act intended to cause physical harm or bodily injury. Common examples include hitting, slapping, kicking, pulling hair, or pushing. The use of a weapon or object to inflict harm can escalate the charge to aggravated domestic assault, which carries much more severe penalties, including felony enhancement.
Emotional and Psychological Abuse
While less tangible, emotional abuse can also fall under domestic violence. This includes behavior intended to control, manipulate, or demean the victim. Acts such as verbal threats, humiliation, intimidation, or isolation may qualify as emotional abuse if they cause the victim to fear for their safety. This is most commonly brought as a terroristic threat charge, but can also be filed as a harassment or stalking charge, depending on the circumstances.
Sexual Assault
Sexual assault within the context of a family or household relationship also qualifies as domestic violence. This includes any non-consensual sexual act or behavior, regardless of the couple’s relationship status or history.
Stalking and Harassment
Stalking, unwanted surveillance, and persistent harassment of a family member or partner are forms of domestic violence. These acts, which can include following, monitoring, or threatening a person, can lead to criminal charges if they create fear for the recipient’s safety.
How to Get Domestic Violence Charges Dropped in Texas
If you’ve been charged with domestic violence, you might wonder if it’s possible to get the charges dropped. While it can be challenging, it’s not impossible with the right legal approach.
The Role of the Alleged Victim
Sometimes, the alleged victim may decide they no longer want to press charges. In Texas, the State presses domestic violence charges, not the victim. Even if the alleged victim retracts their complaint, the State can still proceed with the case if they have enough evidence without the alleged victim’s testimony.
However, a lack of cooperation from the victim can be a critical weakness in the case and can influence the prosecution’s decision to continue. Also, the victim may voluntarily wish to submit an affidavit of non-prosecution to push for the charges to be dropped.
Executing an affidavit of non-prosecution must be done extremely carefully. In a criminal case, the victim has many legal protections and their testimony cannot be influenced in any way, or the person influencing the victim’s testimony may be subject to criminal charges for witness tampering.
For this reason, even if the victim in your case wants the charges dropped, it is always best to have an attorney assist you with this process so that each step of the process is properly documented.
Insufficient Evidence
If the prosecution lacks enough evidence to prove domestic violence beyond a reasonable doubt, they may drop the charges. This is where a solid legal defense can be crucial.
An experienced attorney may challenge the evidence, question witness credibility, or present alternative explanations to emphasize weaknesses in the case that amount to reasonable doubt. Also, an experienced attorney can do the homework, for the often overworked prosecutors, and help them see where the weaknesses lie in their case in an objective way.
When done properly, this often assists the prosecution in seeing the just result is to drop their case based upon insufficient evidence.
Affirmative Defenses
In some situations, a defendant may have an affirmative defense that can lead to the dismissal of charges. For example, if you acted in self-defense or defense of others like your children, this could be grounds for a strong defense or even the dismissal of the case. A skilled attorney can analyze the facts of your case and apply the proper affirmative legal defense and present these defenses effectively to the prosecution during case negotiations or, if necessary, at trial to the jury.
Pretrial Diversion Programs
Texas offers pretrial diversion programs for first-time offenders. If you successfully complete the requirements, the State will often drop the charges. These programs typically involve counseling, community service, and other requirements. Once completed, the prosecution will dismiss the charges. Many times, the party completing the program will be eligible for a complete expungement and for their record to be sealed.
Why You Need a Criminal Defense Attorney
Facing family violence charges can be terrifying. The legal system is complex, and your future is at stake. A conviction could mean jail time, hefty fines, losing custody of your children, and the lasting damage of a criminal conviction.
This is why working with an experienced criminal defense attorney who understands Texas family violence law is essential. A skilled lawyer can help:
- Gather evidence;
- Build a strong defense;
- Help bring an affirmative defense;
- Identify weaknesses in the prosecution’s case;
- Negotiate with prosecutors, advocating for reduced or dismissed charges or an advantageous plea bargain; and
- Prepare and take your case to trial if the prosecution is unreasonable.
An experienced attorney will also help you understand your options and the full legal consequences on your future. This knowledge empowers you to make informed decisions and protect your interests. Out of all criminal charges in Texas, family violence charges are one of the most important charges where you need someone that has the knowledge and skill to fully explain your situation, and fight for you at trial if necessary.
Let Our Experience Be Your Advantage
Domestic violence charges require immediate and effective legal action. At Austin Hagee Law Firm, we deeply understand the Texas legal system surrounding family violence charges and we are committed to protecting your rights and restoring your family.
Our team is led by Austin M. Hagee, a former felony family violence prosecutor and nationally recognized criminal defense lawyer with over one hundred dismissals and many not guilty verdicts under his belt. He’s an attorney that believes to his core that every person deserves their constitutionally afforded 6th amendment right to a fair jury trial, and he considers it an honor to fight for his clients.
With extensive experience in San Antonio and the surrounding area, our team is adept at handling complex cases, and we tirelessly strive to secure the best outcome for you and your family.
Take control of your future today—don’t wait until it’s too late. Contact us now for a confidential consultation. We’ll fight to protect your rights, freedom, and reputation. Remember, your future deserves a legal team that will fight for you.
Resources:
- Texas Child Welfare Law Bench Book. Texas Child Commission, link
- Domestic Violence in Texas, Texas Judicial Branch, link
- Types of Abuse, National Domestic Violence Hotline, link
- Restraining Orders, Women’s Law, link
- Domestic Violence: Relevant Even If Non Physical or Unreported, Texas Law Help, link
- Family Violence Unit—Texas Law. Houston Police Department, link
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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