Last Updated on July 16, 2025 by Beltz Law Group
Assault Family Violence Defense Lawyer
Assault Family Violence Defense: Understanding Your Rights in North Texas
Facing an assault family violence charge in Texas is a profoundly serious matter. Beyond the immediate legal repercussions, a conviction can have devastating, long-term consequences on your employment, housing, and personal reputation. Since 2020, Texas courts and law enforcement have seen a significant increase in the focus and prosecution of these cases, underscoring the critical need for experienced legal defense.
The Beltz Law Group is a premier criminal defense firm dedicated to protecting the rights of individuals accused of assault family violence across North Texas. We understand the complexities of these cases, and our attorneys are prepared to provide the vigorous defense you need.
Understanding “Family Violence” Under Texas Law
In Texas, an assault family violence charge isn’t just about the act of assault; it’s crucially defined by the relationship between the accused and the alleged victim. The legal definitions of “family,” “household,” and “dating relationship” are specifically outlined in the Texas Family Code, and understanding these distinctions is paramount to building a strong defense.
Texas Family Code Sec. 71.004 defines “Family Violence” as:
- An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault (excluding defensive measures to protect oneself).
- Abuse by a family or household member toward a child.
- Dating violence.
Let’s break down the key terms that determine if an alleged act falls under “family violence”:
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The Legal Definition of “Family” in Texas
According to Texas Family Code Sec. 71.003, “Family” includes:
- Individuals related by consanguinity (blood) or affinity (marriage).
- Individuals who are former spouses of each other.
- Individuals who are the parents of the same child (regardless of marriage).
- A foster child and foster parent (regardless of whether they reside together).
Breaking down “Consanguinity” and “Affinity”:
- Consanguinity (Government Code Sec. 573.022): This refers to relationships by blood. Two individuals are related by consanguinity if one is a descendant of the other, or if they share a common ancestor. An adopted child is considered a child of the adoptive parent for this purpose. This covers parents, children, siblings, grandparents, grandchildren, etc.
- Affinity (Government Code Sec. 573.024): This refers to relationships by marriage. Two individuals are related by affinity if they are married to each other, or if one individual’s spouse is related by blood (consanguinity) to the other individual. Relationships by affinity generally end with divorce or death of a spouse, unless a child of that marriage is still living. This includes spouses, in-laws (mother-in-law, sister-in-law, etc.).
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Understanding “Dating Violence”
The concept of “dating violence” was specifically added to the definition of family violence to cover situations where parties are not “family” or “household” members but have an intimate relationship.
Texas Family Code Sec. 71.0021 defines “Dating Violence” as: An act, other than self-defense, committed against a victim with whom the actor has or has had a dating relationship, or because of the victim’s relationship with someone the actor has dated or married. The act must be intended to cause or threaten physical harm, bodily injury, assault, or sexual assault.
A “dating relationship” is defined as a continuing relationship of a romantic or intimate nature, determined by considering the length, nature, and frequency/type of interaction. A casual acquaintance or ordinary social interaction does not qualify.
Understanding “Abuse” in the Context of Family Violence
When the alleged victim is a child, “family violence” can also encompass “abuse” as defined by specific sections of the Texas Family Code (Sec. 261.001). This detailed definition covers various forms of harm to a child’s welfare, including:
- Mental or emotional injury with observable impairment.
- Physical injury resulting in substantial harm (excluding reasonable discipline).
- Failure to prevent harm to a child.
- Sexual conduct harmful to a child.
- Compelling or encouraging a child to engage in sexual conduct.
- Photographing/filming a child in obscene/pornographic ways.
- Current or encouraging use of controlled substances by a person that injures a child.
- Causing, permitting, or encouraging a child to be trafficked.
- Forcing or coercing a child into marriage.
The Serious Consequences of an Assault Family Violence Charge
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A conviction for assault family violence carries severe, lifelong implications that extend far beyond fines and potential jail time:
- Permanent Criminal Record: A conviction will appear on your criminal background checks, impacting future opportunities.
- Employment Barriers: Many employers conduct background checks, and an assault family violence conviction can make it difficult to secure or maintain a job.
- Housing Difficulties: Landlords may be hesitant to rent to individuals with such a conviction.
- Firearm Rights: A conviction for assault family violence can lead to the permanent loss of your right to own or possess a firearm under federal law.
- Child Custody Issues: These charges can significantly impact child custody and visitation rights in family court proceedings.
- Immigration Consequences: For non-citizens, a conviction can have severe immigration consequences, including deportation.
The Beltz Law Group: Your Trusted North Texas Assault Family Violence Defense Attorney
If you have been charged with an assault family violence case in North Texas, you are facing a complex legal challenge with high stakes. You need a dedicated and experienced criminal defense attorney who understands the nuances of Texas family violence laws and the aggressive approach required for a successful defense.
The Beltz Law Group is a premier criminal defense firm committed to protecting the rights and futures of clients accused of assault family violence throughout North Texas. Our attorneys possess an in-depth knowledge of the intricate legal definitions, potential defenses, and court procedures.
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When you choose The Beltz Law Group, you benefit from:
- Strategic Case Evaluation: We meticulously examine every detail of your case, from the initial police response to witness statements, to identify weaknesses in the prosecution’s arguments.
- Challenging Legal Definitions: We will rigorously challenge whether the alleged actions meet the legal definition of “family violence” and if the relationship falls within the statutory definitions of “family,” “household,” or “dating relationship.”
- Asserting Defenses: We explore all potential defenses, including self-defense, defense of others, false accusations, or insufficient evidence.
- Aggressive Negotiation: We engage proactively with prosecutors to seek dismissals, reduced charges, or alternative resolutions that protect your record.
- Vigorous Courtroom Representation: Should your case proceed to trial, our seasoned litigators are prepared to aggressively advocate on your behalf before a judge or jury.
Don’t let an assault family violence charge define your future. Early legal intervention is critical.
To discuss your assault family violence charge with our experienced North Texas criminal defense attorneys, call The Beltz Law Group today at 214-321-4105 for a confidential consultation.
