Being charged with family violence assault in Texas can have serious and far-reaching consequences that extend well beyond the courtroom. Unlike standard assault charges, family violence cases carry additional penalties and long-term implications that can affect your rights, housing options, and employment opportunities for years to come.

This guide explains the different types of family violence assault charges in Texas, what makes these cases unique, and the specific consequences you might face if convicted.

What Is Family Violence Assault in Texas?

Family violence assault occurs when an assault takes place between people who have specific relationships. Under Texas law, this doesn’t just mean married couples or romantic partners. The family violence label can apply to assaults involving:

• Current or former spouses
• Parents of the same child
• Current or former dating partners
• Family members by blood, marriage, or adoption
• Current or former household members (including roommates)

This broad definition means many assault cases can potentially carry the family violence designation, even when the people involved aren’t what most would consider “family.”

Types of Family Violence Assault Charges

First-Time Family Violence Assault

A first-time offense of assault causing bodily injury to a family member is charged as a Class A misdemeanor. Despite being a “first offense,” the consequences are significant:

• Up to one year in county jail
• Fine of up to $4,000
• Potential loss of gun rights under federal law
• Difficulties securing housing or employment
• Permanent criminal record with the family violence designation

Even if you receive probation instead of jail time, the conviction stays on your record and can affect your life in numerous ways. Many landlords and employers conduct background checks and may reject applicants with family violence convictions.

Family Violence with Prior Conviction

If you already have a prior family violence conviction on your record, any new assault charge involving a family member automatically becomes more serious. The charge elevates to a third-degree felony with:

• 2-10 years in prison
• Fine of up to $10,000
• Enhanced collateral consequences for employment, housing, and civil rights

This significant enhancement demonstrates how seriously Texas takes repeat family violence offenses. Even if your prior conviction was years ago or in another state, it can still be used to enhance current charges.

Choking or Impeding Breath

Allegations of choking or impeding the breath of a family member are treated with particular severity under Texas law. These charges are automatically classified as a third-degree felony, regardless of whether you have prior convictions, with:

• 2-10 years in prison
• Fine of up to $10,000
• Permanent felony record

Prosecutors take these cases very seriously due to medical research showing that choking incidents often precede more serious violence. Even if no visible injuries resulted, allegations of impeding breath can lead to felony charges.

Continuous Family Violence

Texas law also recognizes a pattern of family violence as its own distinct offense. If you’re accused of two or more incidents of family violence within a 12-month period, you can be charged with continuous family violence, which is a third-degree felony carrying:

• 2-10 years in prison
• Fine of up to $10,000
• Permanent felony record

Importantly, you don’t need to have been previously arrested or convicted for the earlier incidents. Prosecutors only need to prove that multiple assaults occurred within the specified timeframe.

What Makes Family Violence Cases Unique

The Family Violence Label

The “family violence” designation itself carries significant legal implications beyond the immediate criminal penalties. When attached to a conviction, this label:

• Triggers federal firearms prohibitions (meaning you can’t legally possess a gun)
• Creates immigration consequences for non-citizens
• Affects child custody and visitation rights
• Makes it difficult to get the conviction sealed or expunged later
• Leads to enhanced penalties for any future family violence charges

This label follows you long after any probation or jail sentence is completed, creating ongoing consequences that can last a lifetime.

Protective Orders

Family violence allegations often trigger protective orders, which can:

• Force you to leave your home
• Prevent contact with your children
• Require surrender of firearms
• Restrict where you can go
• Create additional criminal liability if violated

Even if the underlying assault charge is eventually dismissed, violating a protective order is a separate criminal offense that can result in jail time.

Mandatory Arrest Policies

Many Texas police departments have mandatory or preferred arrest policies for family violence calls. This means that when police respond to a domestic disturbance, they’re more likely to make an arrest than in other types of assault cases, even if evidence is limited or the alleged victim doesn’t want to press charges.

Common Mistakes in Family Violence Cases

If you’re facing family violence charges, avoiding these common mistakes can significantly improve your legal position:

Waiving Your Right to Remain Silent

Perhaps the most critical mistake is speaking to police without an attorney present. Statements like “we just had a little argument” or “I only pushed them away” can be used as admissions of guilt, even if you were acting in self-defense. Always invoke your 5th Amendment right to remain silent and wait for your attorney.

Continuing Contact with the Alleged Victim

If a protective order is in place, any contact with the alleged victim—even if they initiated it or consented to it—can result in additional criminal charges. This includes:

• Phone calls or text messages
• Social media contact
• Messages through mutual friends
• “Accidental” meetings in public places

Even if the alleged victim wants to drop charges or recant their statement, avoid any contact unless explicitly permitted by the court.

Not Taking the Charges Seriously

Some people mistakenly believe that family violence charges will be dropped if the alleged victim doesn’t want to proceed. However, in Texas, prosecutors can and often do pursue charges even without victim cooperation. Taking a “it will all blow over” approach can leave you unprepared for the serious legal battle ahead.

How a Fort Worth Family Violence Assault Lawyer Can Help

A skilled family violence defense attorney can make a significant difference in the outcome of your case by:

Challenging Evidence

Your attorney will thoroughly review all evidence, looking for inconsistencies in statements, procedural errors by police, and other issues that could weaken the prosecution’s case. This includes:

• Examining witness statements for contradictions
• Reviewing police body camera footage
• Checking if evidence was properly collected and documented
• Identifying constitutional violations that might have occurred during your arrest

Developing a Strategic Defense

Depending on the circumstances of your case, your attorney might pursue several defense strategies:

• Self-defense claims
• Lack of intent
• Insufficient evidence
• Challenging the family or household relationship that triggers the family violence designation

Negotiating with Prosecutors

In many cases, an experienced attorney can negotiate for reduced charges or alternative resolutions such as:

• Deferred adjudication (which can eventually leave you without a conviction)
• Reduction to a non-family violence charge
• Dismissal in exchange for completing anger management or other programs

Why Choose Norris Legal Group

At Norris Legal Group, we understand that family violence allegations often arise from complex situations that aren’t as clear-cut as police reports might suggest. Our approach includes:

• Personalized attention to your unique circumstances
• Thorough investigation of all evidence
• Development of a comprehensive defense strategy
• Clear communication throughout the legal process
• Aggressive representation in court

Our track record includes numerous successful outcomes for clients facing family violence charges, from complete dismissals to favorable plea agreements that protect our clients’ futures.

Take Action Now

If you’re facing family violence assault charges in Fort Worth or surrounding areas in Texas, time is critical. Evidence needs to be preserved, witnesses need to be interviewed, and legal options need to be explored before court deadlines pass.

Contact Norris Legal Group today for a free consultation. Our experienced Fort Worth family violence assault lawyers will review your case, explain your options, and help you build a strong defense strategy.

Your future, your rights, and your freedom matter. Your defense starts NOW.