What Are the Types of Domestic Violence Cases in Texas?

In Texas, domestic violence is a major problem. These cases and situations can arise regardless of age, gender, or social status. Domestic violence impacts everyone involved.

According to the Texas Department of Public Safety, one in every three Texans will struggle with a domestic violence situation in their lifetime.

The law recognizes various types of domestic violence. Understanding the different types of domestic violence and Texas domestic violence laws is critical for anyone involved in a domestic violence case. 

If you or a loved one is facing domestic violence charges, it is highly advised that you consult with one of our San Antonio domestic violence attorneys.

We have helped over 100 clients successfully navigate a domestic violence case, and we would be happy to discuss your situation with you today.

To share your story, please contact us right away.

How Does Texas Define Domestic Violence?

The Texas Family Code provides a broad definition of domestic violence, known as family violence. The definition includes:

• Family Violence—encompasses any act by a family or household member that intentionally causes or threatens to cause physical harm, bodily injury, assault, or sexual assault. This does not include reasonable discipline used against a child.
• Dating Violence—abuse that occurs between people who are or were in a romantic or intimate relationship. It shares the same characteristics as family violence in the eyes of the law. Dating violence is also often referred to as Assault – Married/Cohabitants and Assault – Family Violence – Dating Relationship. 

This law is designed to protect:

• Family members related by blood, marriage, or adoption.
• Parents of the same child.
• Foster children and foster parents.
• People who live or used to live together, even without a familial relationship.
• People in a current or former dating relationship, notably, a former relationship still counts.

A “dating relationship” is defined as one that is or was ongoing and romantic or intimate in nature. The length and nature of the relationship and the frequency and type of interactions between the couple are considered in the court’s definition of dating.

Types of Domestic Violence Cases In Texas

Domestic violence can manifest in countless ways, leaving devastating consequences in its wake. Three different types of domestic violence criminal cases commonly encountered in Texas include:

Domestic Assault or Family Violence

The most frequent type involves intentional, knowing, or reckless actions of aggression or credible threats of aggression toward someone you have a close familial or household relationship.

These acts must involve bodily injury or the threat of imminent bodily harm. If the assault does not involve bodily injury, the case will be filed as a Class C Misdemeanor Assault-Physical Contact, which is a citation only offense and does not include jail time.

Aggravated Domestic Assault

This more serious offense occurs when the accused inflicts serious bodily injury on the victim, uses a deadly weapon during the assault or threat, or commits the alleged act with a deadly weapon.

Continuous Violence Against the Family

This applies when a defendant has been involved in two or more domestic assaults within a year, even if the actor hasn’t been convicted of the previous incidents. Continuous violence against the family is filed as a third degree felony charge in Texas.

While these three categories represent common criminal cases, the scope of domestic violence extends beyond physical harm. Emotional abuse, which includes constant belittling, humiliation, or manipulation, can be equally devastating on a family unit.

Financial abuse or control over someone else’s access to money and resources, and even stalking, can be considered domestic violence.

These considerations influence prosecutors to pursue these cases aggressively to make sure that any alleged victim will not remain stuck in what is called the “cycle of violence.”

What is Necessary to Prove a Domestic Violence Charge?

To secure a domestic violence conviction in Texas, the prosecution typically needs to prove the following elements:

1. The accused and the victim must fall under the categories of family, household members, or dating partners as defined by Texas law in Chapter 71 of the Texas Family Code; and
2. The accused acted intentionally or knowingly when committing the act of violence.

The prosecution must prove that an assault took place against a person who meets one of the criteria above and that at least one of the following elements also applies:

1. The actor intentionally or recklessly caused the other person to be physically harmed; or
2. The actor knowingly or intentionally credibly threatened the other person with imminent bodily harm; or
3. The actor knowingly or intentionally came into physical contact with the other person when you knew or should have reasonably known that the person would perceive it as provocative or offensive.

Proving any of these case elements can be challenging for a prosecutor. However, just because you have been charged with domestic violence does not mean you are guilty of the alleged offense, and presenting your most vigorous defense is crucial to your case outcome and future.

What are the Legal Consequences of a Domestic Violence Charge?

The penalties for domestic violence in Texas are severe and can encompass several different crimes. The penalties vary widely from a Class A misdemeanor to a first-degree felony, depending on the severity of the offense and any prior criminal history:

1. A first-time conviction for domestic assault is a Class A misdemeanor punishable by up to one year in jail and a $4000 fine. 
2. Prior convictions for domestic violence or a previous case within 12 months, can raise the charge to a third-degree felony, punishable by two to ten years in prison and a $10,000 fine.
3. Aggravated domestic assault is a second-degree felony punishable by 2 to 20 years in prison and a $10,000 fine.
4. Aggravated domestic assault with a deadly weapon is a first-degree felony punishable by 5 to 99 years in prison and up to $10,000 in fines.

The penalties can be even harsher when there is serious bodily injury or death. These punishment ranges do not include the consequences of an affirmative finding of family violence.

An affirmative finding of family violence in Texas results in the loss of your Second Amendment rights and creates a presumption that you cannot be the managing conservator of minor children. 

Additional consequences include a no contact order against you and limitations on communication with the victim, which likely is the co-parent of your children. An experienced San Antonio domestic violence lawyer can help you understand your potential consequences.

What are some Common Defenses Used in a Texas Family Violence Case?

Every domestic violence case is unique to the people and circumstances involved, and your case is no exception. The best defenses to a Texas Family Violence case are self-defense, mutual combat, defense of others, and factual innocence (assault as charged is not true).

A little more detail about several defense strategies that commonly apply, include:

1. The alleged incident is a false allegation or did not occur. It’s not uncommon for individuals to fabricate or exaggerate a disagreement, especially in dating relationships where infidelity and future financial benefits come into play. 
2. The alleged incident occurred when you were defending yourself, your children, or other household members from violence.
3. The alleged incident was accidental or unintended. Unintentional injuries happen frequently, particularly when alcohol is used, or the surrounding environment is particularly hazardous.

Your case’s specific facts and attorney’s skills determine the defense approach used, as well as the likely outcome.

Expert Domestic Violence Defense in San Antonio, TX

The stakes are high in domestic violence cases. Trust your defense to the proven criminal defense lawyers at Austin Hagee Law Firm. We have the knowledge and tenacity to achieve positive outcomes.

Our experienced domestic violence attorneys have skillfully defended more than 100 clients against these serious charges. We have helped numerous clients get their cases dismissed and helped many others be acquitted at trial.

Don’t jeopardize your future, contact an attorney that knows how to successfully defend you today. Contact us now to discuss your case and get the dedicated support you deserve.

Austin Hagee

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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