A heated argument with your partner, family member, or roommate takes a bad turn, the police get called, and it all turns into a huge scene, and suddenly, you’re facing accusations of domestic violence. It might feel like your entire life is spinning out of control, leaving you with pressing questions: Why is this case labeled as domestic violence in Texas? What is domestic violence in Texas anyway? Can I be charged with domestic violence if I was not in a dating relationship with the other person? Does a domestic violence label make the case worse for me?
Understanding Texas’s legal definitions and processes can help you take the first step toward protecting your rights and future. Here’s what you need to know about how domestic violence cases are classified and handled in Texas.
Key Takeaways:
- Domestic violence in Texas is legally called family violence. A case may be labeled as domestic violence when alleged harm, threats, or abusive conduct occurs between individuals who share certain relationships such as spouses, dating partners, relatives, or roommates.
- The relationship between the parties is a major factor. If the accused and the alleged victim fall within a qualifying relationship under Texas law, prosecutors often classify the case as family violence rather than a standard assault case.
- Even minor incidents can lead to domestic violence charges. Actions such as pushing, grabbing, threats, or offensive physical contact may result in charges if they occur between family or household members.
- Prosecutors can pursue the case without the victim’s cooperation. Once a police report is made, the decision to continue the case typically belongs to the state, not the alleged victim.
- A domestic violence label can carry serious long-term consequences. Beyond criminal penalties, a family violence finding can affect firearm rights, employment opportunities, and child custody matters.
What Constitutes Domestic Violence in Texas?
Under Texas law, domestic violence is called family violence and includes a legal finding on your record, similar to a criminal conviction. Even though it is not a criminal conviction, the family violence finding does create state and federal legal consequences. The affirmative finding of family violence (AFFV) applies when certain acts of violence or threats of harm occur between individuals who share a specific relationship. The finding should only apply, under the language of Texas Code of Criminal Procedure 42.013, if at trial, or at the time of the plea, the court determines that the offense involved family violence. It also includes dating violence and cohabitation. These acts or threats of harm include:
- Physical harm, bodily injury, assault, or sexual assault; and
- Unwanted physical contact or an assault by contact that is offensive or abusive to the person being touched, this charge does not require injury;
- Threats that reasonably place a victim in fear of imminent harm; and
- Abuse, including certain forms of emotional or psychological harm, when such abuse is aimed at family or household members.
So, who qualifies as a family or household member? Texas law casts a wide net when defining these relationships. Domestic violence cases can involve:
- Spouses or ex-spouses,
- Individuals in current or past dating relationships,
- Parents and their children,
- Siblings,
- Many other familial relationships are included as well, such as grandparents or stepparents, and
- Current or former roommates.
This broad scope of relationships means even disputes with distant or former partners may fall under domestic violence statutes, leaving individuals surprised by the severity of the charges. Especially with the risk of an affirmative finding of family violence.
Why Is a Case Labeled As Domestic Violence in Texas?
A case is labeled as domestic violence based on the following three factors.
Factor One: The Relationship Between the Parties
Texas law specifies that certain relationships automatically elevate a dispute to domestic violence if acts of harm or credible threats of violence occur. Prosecutors will examine whether the relationship with the alleged victim falls into one of the qualifying categories to label it as family violence. Generally, a prosecutor must bring the case with a family violence tag if it qualifies, even if it is a minor offense or situation.
Factor Two: The Nature of the Allegation
Any accusation involving physical harm, threats, or abuse against a family or household member can trigger domestic violence charges. Even minor incidents like pushing or grabbing can lead to charges of Assault by Physical Contact or Assault causing Bodily Injury.
Factor Three: Police and Prosecutor Discretion
In Texas, law enforcement has the authority to arrest you if they believe probable cause exists to do so, even if the alleged victim recants their statement. Similarly, prosecutors can proceed with a case regardless of the victim’s wishes. This is known as the “State picking up the case.” In other words, even if the alleged victim wants to drop the charges, that is not their call once the police report is made. Decisions on whether the case will move forward fall on the prosecutor, who might want to go forward if they have enough evidence without the alleged victim’s testimony. This can get very complicated due to certain constitutional protections under the confrontation clause in the Sixth Amendment to the United States Constitution. For this reason, it is important to hire a team that is intimately familiar with family violence, and assault cases.
What Is Credible Evidence of Domestic Abuse?
To prosecute a domestic violence case, the State must present credible evidence that supports the allegations. This may include:
- Police reports—the officers’ observations at the scene, including injuries, body worn camera footage, photos, property damage, or witness statements;
- Medical records—documentation of injuries consistent with the alleged criminal charges;
- Photos or videos—visual evidence of harm or the events leading up to, after, or before the incident;
- Witness testimony—statements from neighbors, family members, or others who may have observed the incident; and
- Electronic evidence—text messages, emails, recorded 911 calls, or voicemails that indicate an assault or threats can be objectively proven.
The prosecution has the burden of proving all the elements of the crime beyond a reasonable doubt to establish guilt at trial. It is a very high legal burden to meet, but if your attorney doesn’t properly prepare, the evidence can quickly mount against you. You need to have somebody in your corner that is prepared to fight the case on all fronts.
Domestic Violence Punishment in Texas
Domestic violence punishment in Texas depends on the severity of the offense and the presence or absence of any prior convictions. Here are the most common charges and their potential consequences:
- Class C misdemeanor. This level of charge applies when threats or offensive physical contact without injury occurs. These charges are punishable by a fine of up to $500 and can include an AFFV.
- Class A misdemeanor. Such a charge involves bodily injury without aggravating factors. It is punishable by up to 1 year in jail, a $4,000 fine, and an AFFV.
- Third-degree felony. This level of offense applies in cases involving strangulation or a prior criminal history of family violence. It is punishable by 2 to 10 years in prison, up to a $10,000 fine, and an AFFV.
- Continuous violence against the family. Such a charge is a third-degree felony that involves two or more domestic violence incidents within 12 months. It is punishable by up to 10 years in prison, a fine of up to $10,000, and an AFFV.
Convictions also carry long-term collateral consequences, including:
- Loss of firearm rights,
- Challenges securing employment,
- The stigma that can affect your personal and professional relationships, and
- Potential impact on child custody arrangements.
In San Antonio, cases are often handled in the Bexar County Family Violence Division, which prioritizes efficiency and rehabilitation. Therefore, it is most advantageous to have a lawyer familiar with Bexar County’s procedures. Our attorneys have practiced in Bexar County for more than a decade, and our founder, Austin Hagee, is a former Bexar County Family Violence prosecutor, where he worked on thousands of these cases. Additionally, our team of attorneys have secured dismissals and acquittals in many family violence cases in both County and District Courts of Bexar County. We have the experience and resources to try cases to verdict, while many other firms are overwhelmed with high case volume and insufficient attorney support. Our attorneys are trial-focused and supported by a great staff. At the Austin Hagee Law Firm, we intentionally keep our caseloads at a managable place so that we can go to trial for our clients whenever it is needed. We have won or had cases dismissed pre-trial in every single Bexar County family violence court. Our experience in San Antonio is an asset not only to our clients in Bexar County, but also in surrounding smaller counties as we are not afraid to push cases to trial when a small-town prosecutor tries to unequally apply justice.
How Long Does a Domestic Violence Case Take to Resolve in San Antonio versus other Texas Criminal Courts?
The timeline varies depending on the case’s complexity, evidence availability, and court schedules. Resolving a family violence case can take several months to over a year in San Antonio, Texas. On average, cases usually have a final resolution between 6-9 months after their first court date. This is primarily due to the high volume of these cases being filed and the large volume of evidence that these cases create. Your best option to reduce the timeline for your case is to hire an experienced legal team familiar with navigating family violence charges.
In other Texas criminal courts, case timing can vary widely but the case must be filed within the statute of limitations. This means misdemeanors need to be brought in 2-years from the offense date and felonies need to be brought within 3-years from the offense date.
How to Get Domestic Violence Charges Dropped in Texas
If you’ve been accused of domestic or family violence, several effective strategies exist to fight the charges. Here are 5 effective strategies:
- Challenge the evidence. An attorney can identify inconsistencies in witness statements, lack of physical evidence, or procedural errors law enforcement made during the investigation.
- Affidavit of non-prosecution (ANP). While an ANP does not guarantee dismissal, prosecutors may strongly consider an affidavit signed by the alleged victim stating their desire not to pursue charges. If the prosecutor feels they don’t have enough alternative evidence to go forward, they could drop the charges.
- Diversion programs. First-time offenders in San Antonio and other Texas courts may qualify for pretrial diversion programs. If you successfully complete the program, the judge can dismiss your case and allow an expungement.
- Self-defense. If the alleged victim was the aggressor, your attorney can assert a self-defense claim.
- Negotiation. An experienced lawyer can negotiate with prosecutors to reduce charges to a lesser offense or secure an alternative resolution.
Each case is unique, and a skilled defense attorney can help craft a strategy tailored to your specific situation.
Why You Need a Domestic Violence Defense Lawyer
Defending against domestic violence charges requires a strategic approach and a deep understanding of Texas laws. At Austin Hagee Law Firm, your case deserves more than a cookie-cutter defense. Here’s how we can help:
- Knowing the local legal landscape. As a San Antonio-based firm, we understand the uniqueness of Bexar County courts and the distinctive procedures for domestic violence cases. We are also familiar with how the judges operate and what is likely to influence a particular judge or prosecutor to see your side of the story.
- Tailored strategies. We develop a defense strategy specific to your case, from challenging evidence to negotiating with prosecutors.
- Compassionate advocacy. We stand by you, fighting to protect your freedom, reputation, and future.
- Low Caseloads. Our law firm are hired attorneys only. We keep our caseloads low and our customer service expectations high.
- Family Violence Law Experience. The attorneys at our firm have been able to get more than 100 Texas domestic violence cases dismissed or acquitted.
Your case isn’t just another file—it’s your life. We’re here to help you regain control and move forward.
Taking a Stand for Your Rights
The accusations against you don’t define who you are. At Austin Hagee Law Firm, we’re ready to stand by your side and guide you through this challenging time.
Our team’s deep roots in the San Antonio legal community and sharp legal skills equip us to confidently handle any case. Let us craft a defense that fights for your rights and your future.
Contact us today to schedule a confidential consultation to discuss your next steps with our five-star legal team. Don’t take our word for it, take a look at our more than 250 five-star reviews from real clients in the Why Hire Us section above.
Domestic Violence Charges in Texas: FAQs
What relationships qualify as domestic violence in Texas?
Domestic violence cases can involve spouses, former spouses, dating partners, parents and children, siblings, relatives, or people who live together or previously lived together as roommates or household members.
Can I be charged with domestic violence if we were not dating?
Yes. Domestic violence charges can apply even when the individuals were not in a dating relationship. Texas law includes family members, household members, and former roommates within the definition of family violence.
Does the alleged victim have to press charges?
No. In Texas, once police are involved, prosecutors may pursue the case even if the alleged victim does not want to move forward.
Can a domestic violence charge affect child custody?
Yes. Courts often consider domestic violence allegations when determining custody or visitation rights because the child’s safety is the top priority.
What evidence is commonly used in domestic violence cases?
Evidence may include police reports, body camera footage, medical records, photos, witness statements, and electronic communications such as text messages or emails.
Can domestic violence charges be reduced or dismissed?
Depending on the facts of the case, defense strategies such as challenging evidence, self-defense claims, diversion programs, or negotiation with prosecutors may lead to reduced charges or dismissal.
How long do domestic violence cases usually take in Texas?
Many family violence cases take several months to resolve, although complex cases may take longer depending on the court schedule and available evidence.
Resources:
- Texas Code of Criminal Procedure 42.013. link
- Family Violence Unit. Texas Health and Human Services, link
- Statistics. Texas Advocacy Project, link
- Definitions of Domestic Violence – Texas. Child Welfare Information Gateway, 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.
Loading...