How Do the Texas Domestic Violence Laws Work?

It's estimated that one in three women and one in four men experience some form of violence against them from someone they love during their lifetime. Unfortunately, acts of violence between spouses, partners, and children are much more common than most people believe, and the legal system has responded with appropriate severity..

These crimes do come with stiff penalties in the Lone Star State, where Texas domestic violence laws impose lengthy jail sentences on those convicted of all family violence. Although the consequences of being convicted for a family violence crime are deservedly high, so too are the consequences for being falsely accused.

This is why if you’ve been accused of domestic violence in Texas, it’s essential that you work with experienced lawyers for family violence who can help you uncover the truth. The attorneys at Smith & Vinson are waiting to defend your life. Call 512-368-9044 today to set up a confidential consultation.

Texas laws on domestic violence

Texas doesn't use the term "domestic violence" in its legal code, instead referring to these offenses as "family violence." Family violence falls under Texas Penal Code Title 5 § 22.

According to Texas law, family violence encompasses a broad range of behaviors and relationships, defined as “an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault.”

What is the law for assaulting a family member in Texas? For an assault to be considered an act of family violence, it must have been committed against:

• Family members
• Other members of the household (including children who aren't blood-related)
• Current or previous partners
• Parents of the same child
• Foster parents and foster children
• Family members by blood, marriage, or adoption
• Individuals who currently reside together or previously resided together

It's important to note that for a violent incident to be considered domestic violence, the individual must have caused the harm knowingly or intentionally.

What is continuous violence against the family?

In 2009, Texas introduced the “continuous violence against the family” charge to address patterns of repeated domestic abuse. The introduction of the new charge is intended to recognize (and address) the fact that domestic violence often occurs as part of an ongoing cycle rather than isolated incidents.

Under Texas Penal Code § 25.11, a person commits the offense of continuous violence against the family if, during a period of 12 months or less, they commit two or more assaults against a family member, household member, or someone with whom they have a dating relationship.

Continuous violence against the family is classified as a third-degree felony, intended to increase the stakes in situations in which acts of low-level abuse might be individually classified as misdemeanors. Importantly, you can be charged with this offense even if none of the individual assaults resulted in serious injuries or would qualify as felonies on their own.

When does assault become aggravated?

While many domestic violence cases are charged as simple assault, certain circumstances can elevate the charge to aggravated assault, which carries significantly harsher penalties. The three main factors that can aggravate an assault charge include:

1. Use of a deadly weapon. What is considered a deadly weapon? Under Texas law, a deadly weapon isn't limited to firearms or conventional weapons. It includes any object that, in the manner of its use or intended use, is capable of causing death or serious bodily injury.
2. Serious bodily injury. Texas law defines serious bodily injury as injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
3. Acts committed against protected classes. Texas law provides enhanced penalties for assaults committed against certain protected groups, some of whom include:
   • Public servants, including law enforcement officers responding to domestic disturbance calls
   • Pregnant women, when the perpetrator knows the victim is pregnant
   • The elderly (65 years or older)
   • The disabled

Domestic assault is often considered aggravated assault in Texas, which necessitates the hiring of an experienced Austin aggravated assault attorney that can help protect your rights against very steep charges, but more on penalties later.

What is Clare's Law in Texas?

Clare's Law, officially known as the Domestic Violence Disclosure Scheme, was first implemented in the UK following the tragic murder of Clare Wood by her ex-boyfriend, who had a history of violence against women that was unknown to her. In Texas, a similar concept has been adopted, which went into effect in September 2021.

Texas's version of Clare's Law allows individuals to request information about their partner's criminal history related to domestic violence. This right to ask is intended to empower potential victims to make informed decisions about their relationships before violence occurs. Law enforcement agencies may also proactively disclose information under a "right to know" provision when they believe someone may be at risk.

The Texas Family Code and family violence crimes

The Texas Family Code provides additional legal framework for addressing domestic violence, particularly through Title 4, which focuses on protective orders. Under the Texas Family Code, a victim of family violence can petition the court for a protective order, which is a legal document designed to prevent an alleged abuser from engaging in further violent acts. The code establishes three types of protective orders:

1. Temporary Ex Parte Protective Orders. These can be issued without the alleged abuser present in court if there is a clear and present danger of family violence. They typically last for up to 20 days but can be extended.
2. Final Protective Orders. These are issued after a court hearing where both parties have the opportunity to present evidence. They generally last for up to two years but can be extended in certain circumstances.
3. Magistrate's Order for Emergency Protection. Often called an "emergency protective order," this is typically issued following an arrest for domestic violence and remains in effect for 31 – 91 days, depending on the circumstances.

Penalties for domestic violence in Texas

The consequences associated with domestic violence charges in Texas range from a misdemeanor to a first-degree felony, with crimes including:

• Assault
• Kidnapping
• Sexual assault

The severity of your charges, and therefore the potential consequences associated with them, will depend on factors like the type of violence involved in the incident, your relationship with the victim, and your criminal history, but no matter what, penalties are uniformly steep.

Beyond these direct criminal penalties, a domestic violence conviction in Texas carries significant collateral consequences, like loss of custodial rights, loss of constitutional rights, loss of employment and housing opportunities, and more. The consequences of a conviction can (understandably) reach unbelievably far into the corners of your life, which is why fighting charges is so essential for the falsely accused.

Defenses to family violence charges

Being accused of family violence in Texas is a serious matter, but it doesn't mean your story is over. If you’ve been falsely accused or acted in self defense, for instance, a quality assault attorney in Texas can help you bring the truth to light. Some defenses that might apply to your domestic violence case include the following:

Self-defense

One of the most common defenses in family violence cases is self-defense in Texas. Under Texas law, you have the right to use reasonable force to protect yourself and others from imminent harm. To successfully claim self-defense, you must demonstrate that:

• You reasonably believed you were in immediate danger
• You used only the amount of force necessary to protect yourself
• You didn't provoke the other person
• You weren't engaged in criminal activity at the time

False accusations

While domestic violence is a serious, endemic issue, and victims need to be heard, false accusations unfortunately do occur. When allegations are fabricated, defense strategies typically involve:

• Demonstrating inconsistencies in the accuser's statements
• Presenting evidence of the accuser's motivation to lie
• Providing alibis or evidence that contradicts the alleged timeline
• Showing a history of false accusations by the same person

Lack of evidence

At the end of the day, prosecutors must prove beyond a reasonable doubt that you committed the alleged domestic violence offense. In many cases, especially those involving allegations of verbal threats or incidents with no witnesses, there may be insufficient evidence to meet this burden of proof. Some defense strategies include:

• Challenging the credibility or reliability of witness testimony
• Highlighting the absence of physical evidence
• Questioning inconsistencies in the evidence collection process
• Demonstrating alternative explanations for injuries or property damage

Accidents or lack of intent

Texas law requires that family violence be committed knowingly or intentionally. If the alleged harm was the result of an accident and not intentional conduct, this may constitute a valid defense. Your attorney might argue that:

• The injury occurred unintentionally
• You didn't act recklessly
• The situation was a misunderstanding rather than an intentional act

Accused of breaking the Texas domestic violence laws? Protect your innocence with Smith & Vinson.

Unfortunately, even false accusations of domestic violence can completely reshape one's life if not handled properly. Being accused of breaking the Texas domestic violence laws can have immediate and long-lasting consequences on your reputation, career, and freedom — before you’re even convicted.

At Smith & Vinson Law Firm, our Austin criminal defense lawyers have been helping good people accused of tough charges fight for their freedom for years. We have the knowledge and expertise to help fight your charges and help bring the truth to light. Our experienced defense attorneys specialize in domestic violence cases and understand the difficulties surrounding these sensitive charges in Texas.

Accused of domestic assault? Call the Austin assault lawyers at Smith & Vinson today at 512-368-9044 or contact us online for a free consultation.

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