Texas Domestic Violence Laws

Abusive criminal acts committed between people sharing certain relationships are considered domestic violence​ in Texas. Also called family violence and dating violence, domestic abuse destroys both lives and families.

Whether you’re a victim of domestic abuse or stand accused of a qualifying crime, knowing the domestic violence laws in Texas is of utmost importance. This article explains the elements of a family violence offense, examines the protections available to victims, and discusses the potential penalties.

How Texas Defines Domestic Violence

Most crimes committed in Texas aren’t considered family violence. It takes a specific combination of:

• An abusive crime
• People in a qualifying relationship

Let’s examine each of these elements separately.

Eligible Offenses

Domestic violence crimes are abusive in nature, but they’re focused on maintaining power and control​over a victim. While many people think of physical harm when they imagine domestic abuse, there are many different types of domestic violence. There is also some variation between states on what qualifies.

Under Texas state law, the following offenses can qualify as domestic violence:

• Child abuse​ of any type, including sexual assault, neglect, and emotional injury
• Causing physical harm
• Causing bodily injury
• Causing a serious bodily injury
• Sexual assault
• Assault
• Threatening bodily injury, physical harm, assault, or sexual assault

The abusive act is only half of the equation. These crimes can occur between strangers and still lead to criminal charges. They will only be classified as domestic assault if they happen inside one of the relationships discussed below.

Eligible Relationships

In addition to certain criminal acts, domestic violence classification in Texas requires that the participants share a specific type of relationship. It needs to be someone closer than a coworker or someone you say hello to every morning on the bus.

Texas considers family members, household members, and people in a dating relationship as qualifying relationships. These include:

• Spouses
• Former spouses
• Family by consanguinity (blood relatives)
• Family by marriage affinity (in-laws)
• Someone living in the same dwelling or who has lived in the same dwelling (some roommates)
• Foster parent
• Foster child
• People who have a child in common
• Those in a dating relationship or who were in a dating relationship (a romantic or intimate relationship – validity ruled on by the court)

If one of the applicable abuse offenses occurs between people with one of these relationships, it’s family violence in Texas. Dating violence​ is also eligible for domestic violence charges. It protects against abusive acts by former or current partners of someone who shared a romantic relationship.

Domestic Violence Protective Orders in Texas

In Texas, certain protections are available for victims of family violence. Protective orders address other victims as well, but some are intended for those suffering domestic abuse. While we’ll go over the important aspects here, FindLaw’s Texas Protective Orders​ article offers an in-depth look at all restraining orders available in the state.

Most restraining orders function by restricting the actions of the alleged abuser. Common provisions for protective orders include​:

• Forbidding the respondent from assaulting, making physical contact with, or committing another family violence offense against the victim
• Forbidding the accuser from threatening the victim
• A no-contact order with the victim and their family
• Staying a specified distance away from the victim at all times
• Surrendering of all firearms for the duration of the order
• Awarding temporary child custody

Conditions are tailored to each case. The courts can impose any provision deemed necessary for the victim’s safety.

If your abuser is arrested, the court can issue a Magistrate’s Order for Emergency Protection. Either the victim, law enforcement, or a state’s attorney can request this order. The judge can also issue it “sua sponte” (meaning of their own accord). It’s issued through criminal court, while other domestic violence protection orders in Texas go through civil court.

The order is good for between 31 and 61 days unless a deadly weapon is used. In that instance, it lasts between 61 and 91 days.

If there is no arrest or a Magistrate’s Order isn’t issued, the victim can apply for a temporary ex parte family violence protective order​ in civil court. While you can prepare your own petition, it’s recommended that you seek assistance​ from domestic violence advocates, legal aid groups, or a private attorney.

If the court approves your temporary order, it goes into effect for 20 days or until your court hearing. The abuser (respondent) must be served, which you cannot do yourself. Options include constables or private process servers. The respondent must appear at the case hearing, or your protective order may become permanent.

At the hearing, both sides present evidence, call witnesses, and plead their positions. If the court believes the threat of abuse still exists, the order becomes final. This permanent order may be amended. The duration is often two years, but the court can extend it for dangerous respondents.

Violations of family violence protective orders carry strong penalties for the offender. First or second violations that don’t involve serious crimes are a class A misdemeanor. A third or subsequent offense, or any violation involving stalking or assault charges, is a third-degree felony with between two and 10 years in prison and a fine of up to $10,000.

If the violation involves committing sexual assault or an offense against a child, it’s a state jail felony with between 180 days and two years in state jail and a fine of up to $10,000. An aggravated domestic assault violation is a second-degree felony with between two and 20 years in prison and a fine of up to $10,000. Adding a deadly weapon and harm makes it a first-degree felony punishable by five to 99 years in jail.

Other Protections

Protective orders are not the only forms of relief offered by Texas. Programs are in place to help victims escape their abusers and remain hidden.

Address Confidentiality Program (ACP)

For victims who fled their abusers, keeping their new address secret is a literal matter of life or death. The Address Confidentiality Program (ACP)​ helps by providing participants with a post office box that serves as a legal address for all public records. First-class mail is forwarded to the victim’s true address.

There is no fee for the program. You can apply on the attorney general’s site​ or go through a domestic violence advocacy organization.

Domestic Violence Right To Vacate

Victims of family violence have the right to flee their abusers. Under Texas law, domestic abuse victims can break a lease without penalty. The victim must provide the landlord with copies of the protective order and other required documents. A landlord who violates this code is subject to paying the victim a month’s rent plus $500.

Additional Resources

• National Domestic Violence Hotline​ (800.799.7233)
• Domestic Violence Survivor Resources – Texas Council on Domestic Violence​
• Family Violence Program – Texas Health and Human Services​
• Domestic Violence FAQ​
• Domestic Violence Orders of Protection​

Getting Legal Help

If you’re suffering continuous violence, abuse, and imminent bodily injury at the hands of an abuser, call 911. Victims’ rights advocates​ can help as well. Your best option for escape may be to seek assistance from a Texas family law attorney​. Their experience with family violence cases makes them a great choice for legal representation.

If you’re facing a domestic violence conviction or have violated a Texas protective order, you’re going to need a Texas criminal defense attorney​ on your side. Even if you have a criminal record, their experience with criminal charges and felony charges makes them a powerful ally. Consider hiring a criminal defense lawyer to defend you against the alleged victim and work toward the best possible solution.