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Texas Domestic Violence Laws: What You Need to Know
John D.
In Texas, domestic violence is a serious criminal offense and has extreme legal consequences. The law explains what domestic violence means, who is protected by it, and what happens to those who break it.
It covers physical injury, threatening acts, and even some forms of emotional torment between persons living under the same roof or sharing a close relationship.
Texas Protective Orders can act as a shield between the abused and the abuser, placing punishments on whoever has been found guilty.
If you are seeking protection or the accused in a matter of abuse, it is very important for you to understand how the laws work. This will empower you to take appropriate action or assist you in avoiding costly legal mistakes concerning your rights and options under Texas law.
What Is Considered Domestic Violence in Texas?
In Texas, domestic violence is also known as family violence. That is when a family or household member abuses or threatens to injure another person in an act that causes fear or injury. Abuse does not necessarily mean hitting someone.
It could be pushing, slapping, choking, or making threats so severe that they cause the other party to feel unsafe.
Abuse does not necessarily mean hitting someone.
Under Texas Law, Domestic Violence Occurs When:
- A person causes bodily injury to another who is a family or household member.
- A person threatens to cause bodily injury to another who is a family or household member.
- A person places another who is a family or household member in fear of imminent bodily injury.
The Law Covers Various Types of Relationships such as:
- People who are married
- People who have lived together or formerly lived together
- People who are or were dating
- Having a child together
- Being related by blood or marriage
You don’t need to be injured to be protected. A person threatening you with violence is enough to consider it domestic violence in Texas.
Criminal Offenses Related to Domestic Violence
Texas does not have a separate charge titled “Domestic Violence”. Instead, the case is charged under the current attack or increased attack laws, if the victim is a family member of a domestic member.
1. Domestic Assault – Penal Code Section 22.01
This fee is used when a person deliberately or carelessly causes physical harm or threatens adjacent damage. For the first time, crime is usually a Class A misdemeanor, but the accused has a third-degree felony for the penalty for previous domestic violence.
2. Aggravated Assault – Penal Code Section 22.02
If the attack causes severe physical injury or involves the use of a deadly weapon, it is considered an intense attack. When it is committed against a family or a domestic member, it is charged as a second-degree felony, or in extreme cases as a first-degree felony.
3. Continuous Violence Against the Family – Penal Code Section 25.11
This unique law in Texas lets prosecutors charge individuals with a third-degree felony if they carry out two or more domestic attacks within 12 months-work arrests were made for advanced information.
4. Violation of a Protective Order – Penal Code Section 25.07
If a protective order has been given, a violation of it is a standalone criminal offense. Frequent fractures or violence-related violations can cause felony charges.
Penalties for Domestic Violence in Texas
The penalty depends on many factors: the severity of violence, the accused’s criminal history, the use of a weapon, and what order that was violated.
Crime Level Penalties:
- Class A Misdemeanor: Up to 1 year in the county prison and up to $ 4,000 in fines
- Third Degree Felony: 2 to 10 years in state prison and $ 10,000 in fines
- Second degree Felony: 2 to 20 years in prison
- First-degree Felony: 5 to 99 years or life in prison
Courts Can Also Impose:
- Registration for a Batsman Intervention and Prevention Program (BIPP)
- Community Authority or Trial Time
- Restoration to the victim
- Loss of weapons rights according to the Texas Act
Protective Orders Available in Texas
Texas provides a number of protective orders issued by several types of courts to protect victims. These are civil orders, but violating them is a criminal offense.
1. Temporary Previous Sub -Protection Order
- Fast and without being intoxicated
- Stays up to 20 days with potential extensions
- When there is an immediate risk of injury, it is used
2. Final Protective Order
- Released after hearing of the full court
- Severe violence, weapons use, or frequent cases related to crimes can last 2 years or more
- Orders to stay home, work, or school may include surrendering firearms or participating in consultation
3. Magistrate's Order for Emergency Safety (MoEP)
- Family violence is often released by a judge after arrest
- Lives between 31 and 91 days
- A weapon or serious injury can be issued without the request of the victim
The Texas Act requires that law enforcement implement all the valid protective orders issued by the courts, including persons from other states.
Defending Against Domestic Violence Charges in Texas
It is serious to be accused of domestic violence. The Texas Act allows rapid action, as a guarantee and arrest without temporary preventive orders, even though the claims have been dropped later.
Anyone facing these claims should immediately talk to a professional. The condition of the first legal procedure may separate status, protective order hearing, and the end result of the case.
General Rescue:
- False claims – often seen in custody battles or divorce
- Self-defense relatives worked to save themselves
- Lack of intention or evidence – no reliable danger or physical loss is proven
- Mutual conflict – both sides were involved in physical change
Texas’s courts let a jury or judge hear evidence from both sides. However, allegations of domestic violence are not easily dismissed, especially when the state believes the prosecuting authority is in public interest.
Long-Term Consequences of a Conviction
Even abuse in Texas carries a long-term influence of punishment for home violence. Unlike some other crimes, many errors in family violence can not be terminated or sealed, especially if a guilty plea or crime is discovered.
Long-term Effects:
- Permanent criminal journal
- Loss of weapons rights (Texas Act and Federal Law)
- Forbidden visits or custody in family law
- Refusal of residential or price applications
- Limited job opportunities, especially in health care, education, and law enforcement
Final Thoughts
The law on domestic violence in Texas is strict and wide. Whether you require security or face claims, the results are serious, ranging from time to time, impact on your rights, family, and future.
Understanding how the law works is your first step towards informed decision-making. If you are involved in the case of home violence, do not face it alone. The team of L&L Law Group is here to protect your rights, guide you through the legal process, and help you take the right steps. Contact us today for experienced legal support located in Texas.