Assault Family Violence Defense Lawyer
In Texas, the label of “family violence” transforms a standard assault charge into a legal matter with far-reaching consequences, affecting everything from firearm rights to child custody. For the Beltz Law Group, understanding the specific burden of proof required to establish a household or family relationship is the first line of defense or advocacy.
Under the Texas Family Code, establishing family violence requires more than just proving an act of aggression; it requires proving that a specific, legally defined relationship exists between the parties.
The Standard: Preponderance of the Evidence
In civil proceedings, such as those for protective orders, the burden of proof is a preponderance of the evidence. This is a lower standard than the “beyond a reasonable doubt” required in criminal trials.
Essentially, the applicant must show it is more likely than not (greater than 50% probability) that:
- A qualifying family or household relationship exists.
- An act of violence or a reasonable threat of imminent harm occurred.
- The conduct was not a defensive measure for self-protection.
Because Texas courts view protective order statutes as “remedial” and “humanitarian,” they often broadly construe these definitions to prioritize victim safety.
Defining the Qualifying Relationship
To meet the burden of proof, the evidence must place the relationship into one of three statutory buckets defined by the Texas Family Code:
1. The “Family” Relationship (§ 71.003)
A “family” relationship is defined broadly and does not require the individuals to live together. It includes:
- Individuals related by blood (consanguinity) or marriage (affinity).
- Former spouses.
- Parents of the same child (regardless of marriage).
- Foster parents and foster children.
2. The “Household” Relationship (§ 71.005)
A “household” is a unit of people living together in the same dwelling, regardless of whether they are related.
Proof Tip: This includes roommates or live-in partners. Under Section 71.006, “Member of a household” also includes people who previously lived together, meaning a former roommate can still fall under this umbrella.
3. Dating Violence (§ 71.0021)
Evidence of a “dating relationship” is determined by three factors:
- The length of the relationship.
- The nature of the relationship.
- The frequency and type of interaction between the parties.
Note: A “casual acquaintanceship” or ordinary social fraternization does not meet this burden.
Judicial Interpretation: Intent vs. Threat
One of the most critical aspects of the burden of proof in Texas is that actual physical contact is not required. The court can find family violence occurred based solely on threats if they reasonably place the victim in fear of imminent physical harm.
Establishing “Reasonable Fear”
The court looks at the “Reasonable Person” standard. Evidence used to meet this burden often includes:
- Observable Reactions: Crying, trembling, or immediately calling 911 (as seen in Burt v. Francis).
- Implicit Threats: Conduct such as looming over someone, flexing muscles, slamming fists, or blocking a vehicle (as seen in Boyd v. Palmore).
- History of Conduct: Texas law allows courts to infer the likelihood of future violence based on past violent conduct. A single past incident can be sufficient to meet the burden for a protective order.
Common Rebuttals and Limitations
When defending against a family violence finding, the focus often shifts to the specificity of the threat or the justification of the act:
- Non-Physical Threats: If a threat is economic (e.g., “I’ll ruin your career”), it does not constitute family violence under Texas law, which requires a threat of physical harm (Gonzalez v. Rangel).
- The Defensive Exception: The law explicitly excludes “defensive measures to protect oneself.” If the evidence shows the respondent was acting in self-defense, the burden of proof for family violence is not met.
- Parental Discipline: Simple corporal punishment (spanking) is generally not considered family violence unless the severity of the injury or the perpetrator’s mental state transcends reasonable parental discretion.
Why the Evidence Matters
A finding of family violence is not just a mark on a record. It creates a rebuttable presumption against awarding child custody to the perpetrator and can lead to protective orders lasting two years or more. Because trial courts are the “sole judge of credibility,” the initial presentation of evidence—whether it’s text messages, witness testimony, or 911 recordings—is the most crucial stage of the case.
