Types of Family Violence in Texas

Family Violence isn’t a single offense but a category of offenses for which a finding of “family violence” enhances the punishment or adds serious consequences. A finding of family violence can be found if you have had any of the following relationships with the alleged victim:

·       current or former spouses,

·       parents of the same child,

·       foster child and parent,

·       relatives by blood, marriage, or adoption,

·       current or former co-residents of the same home, and

·       current or former dating or romantic partners.

Assault – Family Violence

Someone commits assault if they:

1.     intentionally or carelessly causes bodily injury a family member; 

2.     intentionally threatens a family member with imminent bodily injury;  or

3.     intentionally causes touching a family member in an offensive or provocative way.

Continuous Assault – Family Violence

You can be charged with Continuous Family Violence if you commit two incidents of Assault – Family Violence within a 12-month period. You do not have to have previous convictions and the assaults do not have to have occurred in the same county and you can be charged in any county where the one of the assaults were committed.

Assault Strangulation – Family Violence

You can be charged with Assault-Strangulation if you commit Assault-Family Violence and while doing so, you prevent the normal breathing or normal circulation of the blood of your family member by applying pressure to that person’s throat or neck or by blocking that person’s nose or mouth.

The State believes that offenders who commit this type of assault are more likely to offend again and have a higher rate of homicide committed against a family member. Because of that, the prosecutors take these allegations extra seriously and the potential consequences are more severe.

Assault– Family Violence – with a Prior Conviction

If you have previously been convicted of any crime with a finding of family violence, you can be enhanced if you commit Assault-Family Violence again. You can be charged with a felony and be sentenced to up to 10 years in prison.

Aggravated Assault – Family Violence

To commit Aggravated Assault- Family Violence, you would have to intentionally or carelessly cause serious bodily injury to your family member and in doing so, you would have to use a deadly weapon while committing the crime. Deadly weapons are guns or anything else that can cause serious bodily injury.

This crime is classified as a first-degree felony and carries the same penalties as murder.

Police Agency Arrest Policies in Texas for Family Violence

The State of Texas has traditionally placed a priority on preventing violence in family relationships. Law enforcement is afraid that if there is a call for family violence and someone isn’t arrested, they could be held responsible if another crime happens later, such as another assault against the same person or a murder.

Because of this fear, many law enforcement agencies have a policy that if there is a call for family violence, someone has to be arrested. This can result in an arrest where the police officer doesn’t have probable cause resulting in a charge that can be easily defended. But that doesn’t mean the consequences won’t be as server while you are facing these allegations.

Protective Orders

Magistrates in Texas can issue emergency protective orders, preventing you from going near your family or your home. Bond conditions also can carry the same restrictions and if you violate either of these, you can be charges with a felony or misdemeanor.