Houston is the largest city in Texas and one of the most diverse in the nation, known for its energy industry, NASA’s Johnson Space Center, and a vibrant mix of food, arts, and culture. With its size and population, however, the city also faces social challenges, including a high number of domestic violence cases reported each year. This makes it especially important for residents to understand how Texas law addresses domestic violence and what legal protections are available.
If you or someone you know is facing this situation, it’s important to seek help from a skilled legal professional. Finding the best domestic violence attorney in Houston can provide the necessary guidance and support to navigate the complexities of the law.
In the following sections, we will explain the specific types of behavior that are considered domestic violence under Texas law, the penalties for such offenses, and the steps victims can take to protect themselves.
How Texas Law Defines Domestic Violence
Texas law defines domestic violence as an act by one person against another in a close relationship that causes physical harm, bodily injury, assault, or a threat that causes fear of imminent harm. This definition comes from Texas Family Code § 71.004. The law applies to family members, people in dating relationships, and those who live together.
Types of Domestic Violence Recognized in Texas
Domestic violence is not limited to physical attacks. Under the law, it can include several forms of harmful behavior:
- Physical Abuse – Hitting, slapping, pushing, choking, or using any physical force that causes injury or pain.
- Threats of Violence – Words or actions that make someone reasonably fear they will be harmed.
- Sexual Abuse – Any non-consensual sexual contact or assault.
- Emotional or Psychological Abuse – Intimidation, humiliation, or controlling behavior that affects a person’s mental health.
- Property Damage – Destroying personal belongings to cause fear or control another person.
Texas also recognizes “dating violence” under Texas Family Code § 71.0021, which includes acts of violence or threats between individuals in a romantic or intimate relationship, even if they do not live together.
Relationships Covered by the Law
Domestic violence laws in Texas apply to:
- Spouses or former spouses
- Dating partners or former dating partners
- Family members by blood, marriage, or adoption
- Individuals living in the same household
- Parents of the same child, regardless of relationship status
This broad coverage means you can face charges even if the person is not your current partner or you no longer live together.
Penalties for Domestic Violence in Texas
In Texas, penalties for domestic violence depend on the seriousness of the incident, prior convictions, and whether a weapon was involved. A first offense of assault causing bodily injury is a Class A misdemeanor, punishable by up to one year in jail and a fine of $4,000. If the offender has a prior conviction, the same offense is elevated to a third-degree felony, carrying 2 to 10 years in prison and fines of up to $10,000.
Aggravated domestic assault is treated even more severely, as a second-degree felony with penalties of 2 to 20 years in prison and fines reaching $10,000. Beyond these criminal penalties, convictions can also result in the loss of firearm rights, mandatory counseling, and the issuance of protective orders limiting contact with the victim.
Protective Orders and Restraining Orders
Victims can request a protective order under Texas Family Code Chapter 85. This order can:
- Prohibit contact with the victim
- Remove the accused from a shared home
- Restrict access to firearms
- Set temporary child custody arrangements
Violating a protective order is a separate criminal offense, which can lead to arrest and additional charges.
Final Thoughts
Domestic violence laws in Texas are broad and cover a wide range of relationships and behaviors. Understanding what is considered domestic violence under Texas law can help you protect yourself, your rights, and your future. Whether you are seeking protection or defending against charges, knowing the legal definitions and possible outcomes is an important first step.
