Assault Family Violence Charges in Texas — What the Law Actually Says

In Texas, an assault family violence charge can be filed based on a single phone call to 911. No physical injury needs to be documented. No weapon needs to be involved. In many cases, the alleged victim does not want the person arrested — and it happens anyway, because the decision to arrest and prosecute belongs to law enforcement and the district attorney’s office, not to the person who made the call.

This is one of the most misunderstood aspects of family violence law in Texas, and it is the reason why people facing these charges need to understand exactly what they are dealing with from the moment of arrest — not after the first court date.

How Texas Law Defines Assault Family Violence

Under Texas Penal Code Section 22.01, a person commits assault by intentionally or knowingly causing bodily injury to another person, intentionally or knowingly threatening another person with imminent bodily injury, or intentionally or knowingly causing physical contact with another person in a manner the person knows or reasonably should know the person will find offensive or provocative.

When the alleged victim is a family member, household member, or someone with whom the defendant has or had a dating relationship, the charge becomes assault family violence under Texas Family Code Section 71.004. Texas law defines the covered relationships broadly — spouses and former spouses, parents and children, siblings, anyone related by blood or marriage, current and former household members, and anyone in a current or former dating relationship.

The charge does not require visible injury. A complaint that one person pushed another, grabbed their arm, or made a threatening statement is legally sufficient to support an assault family violence charge. Officers who respond to a family disturbance call in Bexar County are trained to make an arrest when any physical contact is alleged, and prosecutors file charges based on the evidence available at the time — not based on whether the alleged victim wishes to proceed.

Why the Victim Recanting Does Not End the Case

One of the most common misconceptions about assault family violence cases is that if the alleged victim tells the prosecutor they do not want to press charges, the case will be dismissed. In Texas, that is almost never what happens.

Once the state files charges, the case belongs to the prosecutor — not to the alleged victim. The prosecutor can and frequently does proceed with prosecution using the arresting officer’s report, body camera footage, 911 call recordings, photographs of any injuries, and witness statements gathered at the scene. A victim who recants may be subpoenaed to testify at trial and can face contempt proceedings if they refuse. In some cases, a recantation itself becomes evidence the prosecutor uses to argue that the defendant pressured the victim to change their story.

This dynamic is why having an attorney involved immediately — before the first court appearance — is critical. The defense strategy in a family violence case must account for the fact that the alleged victim’s cooperation is not a reliable variable.

The Consequences of a Conviction — Including the Ones Most People Don’t Know About

A first-offense assault family violence conviction in Texas is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000. But the consequences that follow a conviction are often more significant than the direct penalties.

Under 18 U.S.C. § 922(g)(9) — the federal Lautenberg Amendment — any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing a firearm or ammunition under federal law. This is not a Texas-specific restriction that expires or can be expunged — it is a lifetime federal prohibition that applies regardless of whether the state conviction was at the misdemeanor level. For active duty military personnel, law enforcement officers, licensed security professionals, and hunters, this consequence can effectively end a career.

A family violence conviction also affects professional licensing, security clearance eligibility, housing applications, and child custody proceedings. If you are in the middle of a divorce or a custody case when an assault family violence charge is filed, the charge can be used to support a temporary restraining order that removes you from the family home and restricts your access to your children — before any hearing on the merits has taken place.

If the offense is charged as a felony — which occurs when the defendant has a prior family violence conviction, when the offense involved choking or strangulation under Texas Penal Code Section 22.01(b)(2)(B), or when a deadly weapon was used — the consequences escalate dramatically, including potential prison time and a permanent felony record.

How These Cases Are Defended

Effective defense of an assault family violence charge begins with the same questions that apply to any criminal case: Was the arrest supported by probable cause? Is the alleged victim’s account consistent with the physical evidence? Does the body camera footage corroborate or contradict the officer’s written report? Are there witnesses whose accounts have not been fully investigated?

In cases where the alleged victim does not wish to participate in the prosecution, defense counsel can work with the prosecutor to present that information in the context of the full evidentiary picture. A complaining witness who is uncooperative, whose account has changed since the initial call, or whose prior statements contain inconsistencies significantly weakens the state’s case — and experienced defense counsel knows how to surface those inconsistencies through discovery and pretrial investigation.

In cases involving a prior family violence conviction — where the new charge carries felony exposure — the stakes are high enough that every available defense must be identified and pursued before any plea discussions begin. A prior conviction on a family violence charge cannot be undone, but its effect on the current prosecution can be challenged and its weight in sentencing can be mitigated through careful legal strategy.

Protective Orders and Their Effect on Your Life

When a family violence charge is filed in Bexar County, prosecutors frequently seek a magistrate’s order of emergency protection — an automatic protective order that can be issued at the time of arrest without a separate hearing. This order typically prohibits the defendant from returning to the family residence, contacting the alleged victim, and in some cases, contacting the children of the household. Violating a protective order is itself a criminal offense.

If you have been charged with assault family violence in San Antonio or anywhere in Bexar County, the decisions made in the first 48 hours matter more than most people realize. Call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day.