When most people hear the term “family violence,” they typically picture abuse between spouses or parents and children. However, Texas law defines “family violence” much more broadly than many people realize.

This expansive definition can catch many Texans by surprise when they find themselves facing assault charges with a family violence designation—and the serious, long-lasting consequences that come with it.

If you’re facing an assault charge involving someone you know, you need to understand the scope of Texas’s family violence laws—and know when it’s time to hire a Fort Worth assault attorney.

Who Qualifies as ‘Family’ Under Texas Law?

Texas casts an exceptionally wide net when determining who counts as “family” for the purpose of family violence charges. Under Texas law, family violence can occur between:

• Current or former spouses
• Parents of the same child (even if never married)
• Current or former dating partners
• Blood relatives (including distant ones like cousins)
• Relatives by marriage or adoption
• Current or former household members

That last category—household members—is particularly broad. It means that assaults involving:

• Roommates
• Former roommates
• People who previously lived together, even temporarily
• Individuals sharing living spaces without romantic involvement

All can potentially carry the “family violence” designation and its accompanying enhanced consequences.

This broad definition means many assault cases that don’t involve what we traditionally consider “family” can still be labeled as family violence under Texas law. For example, a dispute between college roommates or a confrontation with a cousin you rarely see could both result in family violence charges.

What Texas Penal Code Says About Family Violence

Texas Penal Code Title 6 (Offenses Against the Family) contains specific provisions addressing family violence beyond the standard assault statutes:

Protective Order Violations (Section 25.07)

Section 25.07 criminalizes violating court orders or bond conditions in family violence cases, including:

• Committing family violence
• Making threatening or harassing communications
• Going near protected locations
• Possessing firearms
• Harming pets of protected persons
• Tracking or monitoring protected persons

Violations are Class A misdemeanors, but can become felonies with prior convictions or if the violation involves assault.

Repeated Violations (Section 25.072)

Violating protective orders twice or more within 12 months is a third-degree felony under Section 25.072, recognizing the escalating danger of repeated violations.

Continuous Violence (Section 25.11)

Section 25.11 makes committing bodily injury assault against family members twice or more within 12 months a third-degree felony, allowing prosecutors to treat repeated incidents as a single, more serious offense.

Broad Family Definitions

The Penal Code uses expansive definitions from Family Code Chapter 71, including:

• Blood or marriage relatives, former spouses, and parents of the same child
• Current and former household members (roommates)
• Dating relationships

This comprehensive framework protects individuals from violence across many types of close relationships, not just traditional family units.

The Severe Consequences of the Family Violence Label

What makes the family violence designation so concerning is the cascade of additional consequences that come with it—consequences that extend far beyond the immediate criminal penalties.

Federal Firearms Prohibition

Perhaps the most significant additional consequence is the permanent loss of gun rights. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition—for life.

This means that even a Class C misdemeanor assault (normally just a fine-only offense) can result in the permanent loss of your Second Amendment rights if it carries a family violence designation.

Housing Difficulties

Many landlords conduct criminal background checks and specifically screen for family violence convictions. A family violence conviction can make it exceedingly difficult to:

• Rent an apartment
• Qualify for certain housing assistance programs
• Find housing in safer neighborhoods

Some leases even include clauses allowing for immediate termination if a tenant is charged with or convicted of family violence.

Employment Consequences

Many employers are hesitant to hire individuals with family violence convictions. This is especially true for jobs that:

• Require security clearances
• Involve working with vulnerable populations
• Require professional licensing
• Involve positions of trust or authority

A family violence conviction can limit career opportunities for years or even decades after the case is resolved.

Immigration Consequences

For non-citizens, a family violence conviction can have devastating immigration consequences, potentially leading to:

• Deportation proceedings
• Ineligibility for naturalization
• Denial of visa applications
• Inadmissibility to the United States

Enhanced Penalties for Future Charges

One of the most serious aspects of a family violence conviction is how it enhances future charges:

• A second family violence assault automatically becomes a third-degree felony, regardless of the severity of the incident
• This means a jump from a maximum of one year in county jail to between 2-10 years in prison

Child Custody Impact

Family violence convictions can significantly impact child custody and visitation rights, even if the violence didn’t involve the children or occur in their presence.

Types of Family Violence Charges in Texas

The family violence label can be attached to various levels of assault charges, with escalating consequences:

Class C Family Violence

Even the least severe assault charges—Class C misdemeanors punishable only by a fine of up to $500—can carry the family violence designation. This includes:

• Assault by contact, such as pushing someone or throwing a drink on them
• Assault by threat, where no physical contact occurs but someone is threatened

While these offenses don’t carry jail time on their own, the family violence label still triggers many of the additional consequences mentioned above, including federal firearms prohibitions.

Class A Misdemeanor Family Violence

The most common family violence charge is a Class A misdemeanor, which involves causing bodily injury to a family member. “Bodily injury” in Texas is defined broadly and includes:

• Any physical pain
• Illness
• Any impairment of physical condition

This means actions that cause even temporary pain without visible injuries can result in Class A misdemeanor charges. The penalties include:

• Up to one year in county jail
• Fine of up to $4,000
• All the additional consequences of the family violence label

Felony Family Violence

Several circumstances can elevate family violence to a felony offense:

Prior Family Violence Conviction

If you have any prior family violence conviction on your record, a new family violence assault automatically becomes a third-degree felony with:

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

Choking or Impeding Breath

Allegations that you choked a family member or impeded their breathing automatically make the offense a third-degree felony, even for a first offense. These charges are taken extremely seriously in Texas due to research linking choking incidents to more severe future violence.

Continuous Family Violence

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—a third-degree felony—even if you were never arrested or charged for the earlier incidents.

Real-World Impact: A Case Study

The broad application of the family violence label is illustrated in a recent case handled by Norris Legal Group. Our client Deonte was accused of misdemeanor assault family violence by his ex-wife. Despite the relationship having ended years earlier, the family violence designation still applied, potentially leading to jail time, a permanent criminal record, and loss of gun rights.

By thoroughly investigating the case, our team uncovered evidence, including phone data, that showed the ex-wife had fabricated the accusation. This evidence allowed us to secure a complete dismissal of the charges, protecting our client from the severe consequences of a family violence conviction.

Protecting Yourself Against False Allegations

Because of the serious consequences of family violence charges and the broad definition of “family,” these accusations are sometimes used as leverage in:

• Divorce proceedings
• Child custody disputes
• Property division negotiations
• Roommate conflicts

If you’re involved in any of these situations, be aware of the risk of false allegations and take steps to protect yourself:

• Document all interactions with the other party
• Avoid situations where you’re alone with someone who might make false accusations
• Save all text messages, emails, and other communications
• Consider having a witness present during necessary interactions

How a Fort Worth Family Violence Lawyer Can Help

If you’re facing assault charges involving someone who falls under Texas’s broad definition of “family,” it’s crucial to work with an attorney who understands the unique challenges of family violence cases. An experienced Fort Worth family violence lawyer can:

• Challenge the family relationship classification that triggered the family violence designation
• Investigate for evidence of false allegations
• Identify procedural errors in how evidence was collected
• Negotiate for reduced charges that don’t carry the family violence label
• Fight for dismissal when appropriate

At Norris Legal Group, we understand the devastating impact a family violence conviction can have on your life, and we work tirelessly to protect our clients from these consequences.

Act Quickly to Protect Your Rights

The family violence label in Texas is far broader than most people realize, and the consequences extend well beyond the immediate criminal penalties. If you’re facing assault charges involving anyone who might qualify as “family” under Texas law, contact Norris Legal Group immediately for a free consultation.

Our experienced Fort Worth assault lawyers will evaluate your case, explain your options, and help you build the strongest possible defense against these serious charges.

Your future, your rights, and your reputation are worth protecting. Don’t wait—call us today.