Assault vs. Family Violence in Texas
Texas law treats allegations of assault seriously, but when the alleged offense involves a spouse, dating partner, family member, or household member, the case may also be classified as family violence. That distinction can have significant consequences for the accused.
Although the underlying conduct may be similar, an assault involving family violence can affect potential penalties, firearm rights, protective orders, and how future allegations are prosecuted.
If you have been accused of assault or family violence in San Antonio, New Braunfels, or the surrounding areas, understanding the difference between these charges is an important first step.
What Is Assault in Texas?
Under Texas law, assault can involve intentionally, knowingly, or recklessly causing bodily injury to another person. It can also include threatening someone with imminent bodily injury or intentionally or knowingly causing physical contact that the person knows or reasonably should believe will be considered offensive or provocative.
This means an assault charge does not necessarily require a serious physical injury. Depending on the circumstances, threatening conduct or certain unwanted physical contact may also result in an assault allegation.
The potential charge and penalties depend on factors such as the alleged conduct, whether bodily injury occurred, the relationship between the people involved, and whether aggravating circumstances are present.
What Is Family Violence in Texas?
Family violence is not simply another term for assault.
Under the Texas Family Code, family violence generally refers to certain acts or threats involving people who have specific family, household, or dating relationships. An assault may therefore be considered an act of family violence when the alleged victim has a qualifying relationship with the accused.
These relationships can include:
Current or former spouses
Parents and children
Foster parents and foster children
Certain relatives by blood or marriage
People who live or previously lived in the same household
People who share a child
Current or former dating partners
Because Texas law defines these relationships broadly, a family violence case does not have to involve a married couple or people who currently live together.
What Is the Difference Between Assault and Family Violence?
The primary difference is the relationship between the accused and the alleged victim.
An assault can occur between almost any two people. For example, an altercation between strangers at a bar could potentially result in an assault charge.
If similar alleged conduct occurs between spouses, dating partners, family members, or qualifying household members, the case may involve family violence.
This distinction matters because a finding of family violence can create consequences that extend beyond the immediate criminal case.
Is Family Violence a Separate Criminal Charge in Texas?
People often refer to these cases as "family violence charges" or "domestic violence charges," but Texas criminal law commonly addresses the underlying conduct through offenses such as assault.
For example, a person may face an allegation of Assault Causing Bodily Injury involving a family or household member. The family relationship can affect how the offense is classified and the consequences associated with the case.
There are also circumstances in which allegations involving family or household members can lead to more serious charges, including continuous violence against the family.
Can a First Family Violence Offense Be a Misdemeanor?
Yes. Certain first-time allegations of assault causing bodily injury involving a family or household member may be charged as a Class A misdemeanor.
A Class A misdemeanor can carry up to one year in county jail and a fine of up to $4,000.
However, the consequences of a family violence case can extend beyond the basic misdemeanor penalties. A family violence finding may have implications for firearm possession and can potentially affect how future allegations are prosecuted.
This is one reason it is important to look beyond whether an offense is labeled a misdemeanor or felony when evaluating the seriousness of a case.
When Can Family Violence Become a Felony?
Certain circumstances can elevate an assault involving family violence to a felony.
For example, a prior qualifying family violence conviction may increase the severity of a subsequent assault allegation. Allegations involving impeding normal breathing or blood circulation, sometimes referred to as assault by strangulation or suffocation, can also result in felony charges under certain circumstances.
Texas also has a separate offense known as Continuous Violence Against the Family. This charge can arise when the state alleges that a person committed qualifying acts of family violence two or more times during a 12-month period.
The exact charge depends heavily on the facts and the person's criminal history.
What Happens After a Family Violence Arrest?
A family violence arrest can lead to restrictions that begin well before a case goes to trial.
Depending on the circumstances, a court may impose bond conditions restricting contact with the alleged victim or access to a residence. A magistrate's order for emergency protection may also be issued following certain arrests.
These restrictions can affect where someone lives, communication with family members, and other aspects of daily life.
Violating a court order or bond condition can create additional legal problems, so anyone subject to such restrictions should understand exactly what the court has ordered.
Can the Alleged Victim Drop a Family Violence Charge?
Not necessarily.
One of the most common misconceptions about Texas family violence cases is that the alleged victim controls whether the prosecution continues.
Once law enforcement becomes involved and a criminal case is referred for prosecution, the government generally decides whether to pursue the case. An alleged victim may tell prosecutors that they do not want charges pursued, but that does not automatically end the case.
Prosecutors may evaluate other evidence, including:
911 recordings
Police body-camera footage
Photographs
Medical records
Witness statements
Text messages
Video recordings
Statements made at the scene
The strength of a case therefore does not always depend entirely on whether the alleged victim wants to participate.
What If the Assault Allegation Is False or Exaggerated?
Family and relationship disputes can be emotionally charged, and the initial account provided to law enforcement may not always tell the entire story.
A defense attorney may examine inconsistencies in statements, physical evidence, witness accounts, recordings, text messages, photographs, and the events leading up to the accusation.
Depending on the facts, potential defense issues may include self-defense, defense of another person, lack of intent, mistaken identity, insufficient evidence, or a false or exaggerated accusation.
No single defense applies to every assault or family violence case. The appropriate strategy depends on the evidence and circumstances involved.
Can You Claim Self-Defense in a Family Violence Case?
Potentially, yes.
The fact that the alleged incident involved a spouse, dating partner, or family member does not automatically eliminate a person's right to claim self-defense.
Texas law recognizes circumstances in which a person may be justified in using force to protect themselves. Whether self-defense applies depends on factors such as what happened immediately before the use of force, who initiated the confrontation, what level of force was used, and whether the person's actions were legally justified.
These cases can be highly fact-specific, making evidence such as videos, photographs, witness statements, and communications particularly important.
Why a Family Violence Finding Matters
The outcome of a family violence case can have consequences beyond fines or jail time.
Depending on the circumstances, a family violence finding or conviction may affect:
Firearm rights
Future criminal cases
Protective orders
Employment or professional licensing
Immigration matters
Child custody or family court proceedings
Because some consequences can continue long after the criminal case ends, it is important to understand the full impact of any proposed plea agreement or disposition before making a decision.
Assault and Family Violence Defense in San Antonio and New Braunfels
Assault and family violence allegations can develop quickly from arguments, relationship disputes, or situations where law enforcement receives conflicting accounts of what happened.
Attorney Larry Bloomquist represents individuals facing criminal accusations in San Antonio, New Braunfels, and surrounding Texas communities. Each case requires a careful review of the evidence, the relationship between the parties, prior history, and the circumstances surrounding the alleged incident.
If you have been arrested or accused of assault involving a family member, household member, or dating partner, speaking with a Texas criminal defense attorney can help you understand the charge, potential consequences, and available defenses.
Looking for an assault family violence attorney in New Braunfels? Larry Bloomquist can help!
Frequently Asked Questions About Assault and Family Violence in Texas
Is domestic violence the same as family violence in Texas?
"Domestic violence" is a commonly used term, but Texas statutes generally use the term "family violence." The legal definition can cover more than spouses and may include dating partners, former household members, relatives, and people who share a child.
Does someone have to be injured for an assault charge?
Not always. Texas assault law can cover bodily injury, certain threats of imminent bodily injury, and certain offensive or provocative physical contact. The applicable charge depends on the alleged conduct.
Can family violence charges be dismissed if the alleged victim changes their story?
A changed or recanted statement may be important evidence, but it does not automatically result in dismissal. Prosecutors can consider other available evidence when deciding whether to continue a case.
Can an assault family violence charge affect gun rights?
Yes. Certain family violence convictions and court orders can affect a person's ability to possess firearms under state or federal law. The exact restrictions depend on the circumstances and outcome of the case.
Should I talk to the police if I am accused of family violence?
Statements made during an investigation can become evidence in a criminal case. A person accused of an offense has the right to remain silent and the right to consult an attorney. Getting legal advice before providing a detailed statement can help protect those rights.
Facing an Assault or Family Violence Charge in Texas? Call Larry Bloomquist
An assault or family violence allegation can have consequences that extend far beyond the immediate criminal case. If you have been arrested, charged, or are under investigation, getting legal guidance early can help you understand your rights and the options available to you.
Attorney Larry Bloomquist, is a San Antonio family violence attorney that represents individuals facing assault, family violence, and other criminal charges in San Antonio, New Braunfels, and surrounding Texas communities. He can review the circumstances of your case, examine the evidence against you, and help you determine the best way to move forward.
Call Larry Bloomquist today to discuss your case and your defense options: https://www.sacrimelaw.com/san-antonio-criminal-law-near-me
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Texas criminal laws and their application depend on the specific facts of each case. Reading this article does not create an attorney-client relationship. If you are facing a criminal accusation, consult a qualified attorney regarding your individual circumstances.
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