Family Violence Charges in Texas — How the Law Works and What Happens After an Arrest
A family violence arrest in Texas sets off a sequence of legal events that moves faster than most defendants expect. Within hours of an arrest, a magistrate can issue an emergency protective order that removes the defendant from their home and prohibits contact with their family members — before any hearing has been held on the merits of the charge. Within days, a prosecutor can file formal charges based on evidence gathered at the scene, even if the person who made the 911 call has changed their account or does not want the case to proceed.
Understanding how Texas family violence law actually works — what it covers, how charges escalate, and what the most common defenses look like — is essential for anyone who has been arrested or who is under investigation for a family violence offense in Bexar County.
How Texas Law Defines Family Violence
Texas Family Code Section 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. The definition is deliberately broad. It covers spouses and former spouses, parents and children, siblings, individuals related by blood or marriage, current and former household members, and individuals in current or former dating relationships.
The breadth of the covered relationships means that a physical altercation between roommates, a heated confrontation between siblings, or a dispute between former dating partners can all give rise to a family violence charge. The complainant does not need to live with the defendant at the time of the incident — a prior dating relationship or former cohabitation is sufficient.
The Charge Levels — From Misdemeanor to Felony
- A first-offense family violence assault with no prior convictions and no aggravating factors is typically charged as a Class A misdemeanor under Texas Penal Code Section 22.01 — carrying up to one year in county jail and a fine of up to $4,000. But the charge escalates quickly under specific circumstances.
- A family violence assault becomes a third-degree felony — carrying two to ten years in the Texas Department of Criminal Justice — when the defendant has a prior family violence conviction on their record, regardless of when that prior conviction occurred or in which state. Texas law also elevates family violence assault to a third-degree felony when the offense involves impeding the normal breathing or circulation of blood of the victim by applying pressure to the throat, neck, or chest, or by blocking the nose or mouth — commonly referred to as strangulation or choking — under Texas Penal Code Section 22.01(b)(2)(B). This enhancement was added specifically because strangulation is statistically one of the strongest predictors of future lethal violence in domestic relationships, and Texas prosecutors pursue it aggressively.
- Aggravated assault family violence — which occurs when the defendant uses or exhibits a deadly weapon or causes serious bodily injury during a family violence incident — is charged as a first-degree felony under Texas Penal Code Section 22.02(b)(1), carrying five to 99 years or life in prison.
- The continuous violence against the family statute under Texas Penal Code Section 25.11 creates an additional felony pathway. A person commits continuous violence against the family when they engage in two or more acts of family violence during a twelve-month period, regardless of whether any prior act resulted in an arrest or conviction. This charge is a third-degree felony and is used by prosecutors in cases where the pattern of conduct is documented even though individual incidents may not have been reported to law enforcement at the time they occurred.
The Permanent Consequences of a Family Violence Conviction
The consequence that most surprises family violence defendants is the federal firearm prohibition. Under 18 U.S.C. § 922(g)(9) — the 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 prohibition applies to a Class A misdemeanor family violence conviction, cannot be expunged under Texas law in a way that removes it for federal purposes, and has no restoration mechanism for most defendants. For active duty military personnel, law enforcement officers, licensed security professionals, and anyone whose profession involves firearms, this consequence effectively ends a career regardless of the direct criminal penalty.
A family violence conviction also appears in the permanent criminal history database maintained by the Texas Department of Public Safety and is visible on background checks used for employment, housing, and professional licensing applications. Unlike some other misdemeanor convictions that may be eligible for an order of nondisclosure after successful completion of probation, family violence convictions are specifically excluded from nondisclosure eligibility under Texas Government Code Section 411.074.
If the defendant is in the middle of a divorce or custody proceeding when a family violence charge is filed, the charge and any resulting protective order become relevant evidence in the family court case — potentially affecting primary conservatorship, possession and access schedules, and the right to determine the children’s primary residence.
How These Cases Are Defended
The state’s decision to prosecute family violence cases regardless of the complainant’s wishes means that effective defense requires engaging with the evidence the state actually has — not simply with what the complainant says now.
The investigation begins with the arresting officer’s report and body camera footage. Officers responding to family disturbance calls are trained to document the scene, observe any visible injuries, photograph physical evidence, and record statements made by both parties at the time of contact. The contemporaneous statements captured on body camera — made before anyone had the opportunity to reconsider or be influenced — are frequently the most significant evidence in the case, and they cut both ways. Body camera footage that contradicts the officer’s written narrative, that shows an absence of visible injury, or that captures the complainant’s own account inconsistently can significantly weaken the prosecution’s case at trial.
Self-defense and defense of others under Texas Penal Code Chapter 9 is a legitimate and frequently successful defense in family violence cases where the evidence supports a finding that the defendant used force to protect themselves or a third party from the other person’s use of unlawful force. The central factual question — who was the initial aggressor and whether the force used was proportionate to the threat — is determined by a jury evaluating all available evidence, including witness accounts, physical evidence, and the parties’ prior history.
False allegations occur in family violence cases with enough frequency that defense investigation of the complainant’s motivations, prior statements, and prior interactions with the defendant is standard practice. A complainant whose account changes between the initial 911 call, the statement to the investigating officer, and any subsequent interviews — or whose prior communications with the defendant contradict the narrative they have given law enforcement — presents a credibility problem the prosecution must address at trial.
If you have been arrested for family violence in San Antonio or anywhere in Bexar County, call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day.
