Though it is commonly referred to as “domestic violence,” the crime of intentionally, knowingly, or recklessly causing bodily injury to a family member is called “family violence.” While there is no separate crime of “domestic violence,” family violence cases are colloquially called “domestic violence” because the way Texas defines “family member” is broader than just members of your immediate family.

According to the Texas Family Code, family violence is “an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the member in fear of imminent physical harm.” 

Family violence includes any of the following:

• an act by one “family or household member” against another that threatens or results in physical harm, bodily injury, assault, or sexual assault
• child abuse involving a family or household member
• dating violence

What Counts as “Family” in a Domestic Violence Case?

By definition and for the purposes of family violence reports, ‘family’ includes three different categories. The first is your family, which can include individuals related by blood or affinity, marriage or former marriage, biological parents of the same child, foster children, or foster parents. Basically, anyone who is related to you either by blood, marriage, adoption, etc. can be considered family. 

What Counts as a Dating Relationship in Domestic Violence Cases?

The next category of “family” includes anyone you are currently dating or have dated in the past. Senate Bill 68 of the 77th Legislature amended the Family Code to include “Dating Violence” which covers individuals in a dating relationship. A “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. So, you can be charged with assault on a family member even if you dated the complaining witness in the past. In the eyes of the law, an ex-boyfriend or ex-girlfriend (no matter how long ago you dated them) are considered family members. Texas law is unclear how many times you need to date someone to be considered to have a “dating relationship.” One date isn’t going to be enough, but a couple might be. Further, the law doesn’t care if you and the other person only think of yourselves as “friends with benefits” who aren’t in a relationship or dating. If you’re having relations on a regular basis, you are considered to be in a dating relationship with that person.

Are Roommates Considered Family?

The final category of “family” includes members or former members of the same household or apartment (including roommates) who aren’t related to you. This category covers roommates or even extended family members, such as in-laws, living in the same house as you. Texas law isn’t clear how long a person has to live with you to be considered a household member. And, while the law considers people who used to live with you as household members, it is unusual for a Family Violence case to involve ex-roommates.

How Does the Law Define “Bodily Injury”? 

If you intentionally, knowingly, or recklessly cause “bodily injury” to anyone who falls into the above categories, you could be charged with assault on a family member. But how is “bodily injury” defined by Texas law? Unfortunately, “bodily injury” is defined very broadly. While many think of bodily injury as something that only results from serious forms of assault like punching, biting, kicking, or choking, bodily injury is anything that causes pain to another person—even if it doesn’t leave any lasting marks or the pain is short-lasting. Throwing a light object at another can be considered a form of “bodily injury” if it causes pain. A pinch, a slap, twisting someone’s arm, or pulling hair are forms of bodily injury. All of these are very minor forms of assault and may leave no marks whatsoever, but because they all cause pain they make valid grounds for a family violence charge.

Texas Penalties for a First Time Family Violence Offense

Generally, a first-time family violence offense is classified as a Class A misdemeanor. For misdemeanor family violence offenses in Texas, you may face penalties such as up to one year in county jail and/or fines up to $4,000. However, the penalty for a first-time family violence offense in Texas depends on the severity of the crime and the criminal history of the offender.

For felony convictions related to family violence crimes, you may face penalties including up to 10 years in prison (depending on your criminal history) and/or fines up to $10,000. Additionally, if convicted of a felony charge related to family violence you will lose certain rights such as your right to possess firearms or ammunition and your right to vote.

In addition to jail time and fines, a person convicted of a family violence offense in Texas may also face a protective order. A protective order is a court order issued by a judge that prohibits the offender from having contact with the victim for a period of time. The length of the protective order can vary, but typically lasts for two years.

A person convicted of a family violence offense in Texas may also face additional penalties, such as being required to attend counseling or complete community service. Additionally, the offender may be required to pay restitution to the victim for any damages suffered as a result of the violence.

What if my family member doesn’t want to “press charges”?

It’s important to note that “pressing charges” is a colloquial term and not a legal term used in the courtroom. Legally, it refers to a formal accusation made by a prosecutor or the government against a defendant in a criminal case. However, in everyday conversations, “pressing charges” is often used to describe the act of reporting a crime and seeking legal action. Unfortunately, once the crime has been reported, the decision of whether to proceed with the case is ultimately in the hands of the prosecutor. 

However, if your spouse, partner, or other family member does not want charges brought against you, they may be able to file an affidavit of non-prosecution. This form is a way of asking the prosecutor to drop the charges, but it doesn’t always guarantee that outcome. A prosecutor can choose to ignore this affidavit, regardless of the family member’s wishes.

The prosecutor may consider such factors as whether this was your first offense, if you have a previous criminal record associated with violence, and other related factors when granting an affidavit of non-prosecution.

Get Help with Your Family Violence Charge Today

If you’ve been charged with an offense involving family violence in Texas, contact our experienced Family Violence attorneys today. Attorney David D. White has over 20 years of successfully defending clients against Family Violence charges in Austin, Texas. Call 512-DEFENSE today to schedule a free consultation about your case.