Understanding Assault Family Violence Cases In Texas

Last Updated on May 16, 2025 by Beltz Law Group

Understanding Texas Assault Family Violence Laws (Simply Explained)

(Have questions about an assault family violence charge? Call us at 214-321-4105 for a confidential discussion.)

Assault cases are serious, and when they involve family, they become even more complex. This article will break down some of the key Texas laws you should know if you’re facing an assault family violence charge. We know this information can be confusing, so please don’t hesitate to reach out to our experienced assault family violence defense attorneys at 214-321-4105 if you have any questions after reading.

What is “Assault” in Texas? (Texas Penal Code § 22.01)

The basic definition of assault in Texas is when someone does one of the following:

1. Causes bodily injury to someone else intentionally, knowingly, or recklessly. This includes a spouse.
2. Threatens someone (including a spouse) with harm that is about to happen, and they do it intentionally or knowingly.
3. Makes physical contact with someone else intentionally or knowingly, and they know (or should know) that the other person will find it offensive or provocative.

Generally, a first-time assault that causes bodily injury is a Class A misdemeanor. However, it can become a felony in certain situations, such as if:

• The victim is a public servant, security officer, or emergency services personnel doing their job.
• The person has a previous conviction for assault, family violence, or related offenses against a family member or someone they had a dating relationship with.
• The assault involved intentionally blocking the person’s breathing or blood circulation.
• The victim is pregnant.

Threatening someone or making offensive contact is usually a Class C misdemeanor, but it can be a Class A misdemeanor if the victim is elderly or disabled.

What is “Dating Violence” in Texas? (Texas Family Code § 71.0021)

Dating violence is an act (not self-defense) against someone you have or had a dating relationship with, or because of that person’s relationship with someone else you dated. This act must be intended to cause harm, injury, assault, or sexual assault, or it must be a threat that makes the person reasonably afraid of these things happening.

A “dating relationship” is a continuing romantic or intimate relationship, based on how long it lasted, what it was like, and how often you interacted. Casual acquaintances or friendships are not considered dating relationships.

Who is Considered “Family” in Texas? (Texas Family Code § 71.003)

In Texas law, “family” is defined broadly and includes:

• People related by blood or marriage.
• Former spouses.
• Parents of the same child, even if they were never married.
• Foster parents and foster children (regardless of whether they live together).

What is “Family Violence” in Texas? (Texas Family Code § 71.004)

“Family violence” occurs when a member of a family or household commits one of the following against another member:

1. An act intended to cause physical harm, injury, assault, or sexual assault, or a threat that makes the person reasonably afraid of these things. This does not include self-defense.
2. Certain types of abuse (as defined in Texas Family Code § 261.001) by a family or household member towards a child in the family. This includes things like emotional injury, physical harm, sexual abuse, and neglect.
3. Dating violence (as defined above).

Who is Considered “Household” and “Member of a Household” in Texas? (Texas Family Code §§ 71.005 & 71.006)

“Household” means people living together in the same home, whether they are related or not. A “member of a household” also includes someone who used to live in that household.

How Beltz Law Group Can Help You with an Assault Family Violence Charge

If you’re facing an assault family violence charge in Texas, it’s crucial to have experienced legal representation. The attorneys at Beltz Law Group understand the complexities of these cases and are dedicated to protecting your rights. We can help you by:

• Thoroughly investigating the allegations: We’ll look at all the evidence and circumstances surrounding the incident.
• Analyzing the definitions: We’ll carefully examine whether the alleged actions and relationships meet the legal definitions of assault and family violence.
• Protecting your rights: We’ll ensure your constitutional rights are upheld throughout the legal process.
• Building a strong defense: We’ll explore all possible defense strategies based on the facts of your case.
• Negotiating with the prosecution: We’ll work to potentially reduce or dismiss the charges.
• Representing you in court: If your case goes to trial, we’ll provide skilled and aggressive representation.

Facing an assault family violence charge can have serious consequences on your personal life, relationships, and future. Don’t navigate this complex legal situation alone.

If you have been charged with assault family violence in Texas, contact Beltz Law Group today at 214-321-4105 for a confidential discussion about your case. We are here to help you understand your options and fight for the best possible outcome.