A Class C family violence charge in Texas carries a maximum fine of $500 and no jail time, but the record it leaves behind is the real penalty. A conviction triggers a permanent affirmative finding of family violence, closes off almost every way to seal or erase the case, and can reach into firearm rights, housing, jobs, and immigration status for years. The gap between the small fine and the long tail of consequences is wider than for almost any other fine-only offense in Texas.
What the Charge Covers
Texas Penal Code Section 22.01(a)(3) makes it a Class C offense to intentionally or knowingly make physical contact with someone when you know, or should know, they would consider that contact offensive or provocative.1State of Texas. Texas Code Penal Code – Assault The contact does not have to cause pain, leave a mark, or produce any injury. A shove during an argument, a poke in the chest, a grab of the arm, or spitting can each qualify. What turns a standard Class C assault into a family violence case is who was on the receiving end.
Texas Family Code Section 71.004 defines family violence broadly, covering acts intended to cause physical harm, bodily injury, or assault between family or household members, and threats that reasonably place someone in fear of imminent harm.2State of Texas. Texas Family Code Chapter 71 – Definitions “Family or household member” reaches well past close relatives. Spouses, ex-spouses, parents, children, siblings, people who share a child, current and former dating partners, and anyone who has lived in the same household are all included. A tussle between former roommates or a grab during a breakup fits.
Officers responding to a domestic call decide on the spot whether to write a citation or make an arrest. They do not need to see an injury. If the officer believes there was intentional unwanted contact between people in a covered relationship, that is enough to start the case.
How the Case Moves Through Court
Class C family violence cases are handled in municipal or justice courts, where the ceiling is a fine. City or county attorneys prosecute, not district attorneys.3Texas Municipal Courts Education Center. Overview of the Courts – 2024 Most defendants are cited and released at the scene, though officers can arrest if they believe it is necessary to stop further conflict.
At arraignment you hear the formal charge and enter a plea. A guilty plea ends the case with a fine of up to $500 and triggers the family violence finding. A not-guilty plea keeps your options open and sends the case to a pretrial stage where the parties can negotiate or prepare for trial.
You have the right to a jury trial for a Class C misdemeanor, but you have to ask for one. Without a request, the case defaults to a bench trial. The prosecution must prove offensive or provocative contact beyond a reasonable doubt. Evidence in these cases is often thin. Medical records and injury photos are usually absent, so prosecutors rely on witness testimony, body camera footage, and 911 recordings. The complaining witness can be subpoenaed, and the state can push forward even if that person no longer wants to cooperate.
One thing catches many defendants off guard. Because Class C offenses carry only a fine, there is no constitutional right to a court-appointed attorney. The Supreme Court held in Scott v. Illinois that appointed counsel is required only when imprisonment is a possible sentence.4Constitution Annotated | Congress.gov. Modern Doctrine on Right to Have Counsel Appointed A Class C cannot land you in jail, so if you want a lawyer, you hire one. Defense fees for misdemeanor domestic violence work in Texas typically run between $1,000 and $10,000 depending on complexity and whether the case goes to trial.
If you are convicted, the window to appeal is short. You have 10 days from the date of judgment to file a notice of appeal and post an appeal bond. The appeal goes to county court for an entirely new trial. Miss the 10 days and the right is gone.
Deferred Disposition Is the Most Important Decision
The single most consequential choice in a Class C family violence case is whether to pursue deferred disposition under Texas Code of Criminal Procedure Article 45.051. A judge can defer a finding of guilt, place you on a probationary period of up to 180 days, and require conditions such as a batterer’s intervention program, community service, or counseling.
Finish everything the judge orders and the complaint is dismissed. The statute is explicit: a dismissal under deferred disposition “is not a final conviction” and “may not be used against the person for any purpose.” Records from a completed deferred disposition may also be eligible for expunction.
The distance between a dismissal and a conviction in a family violence case is enormous. A conviction triggers a permanent family violence finding, blocks nondisclosure, and can restrict firearm rights. A successful deferred disposition avoids those outcomes. Not every judge or prosecutor will offer it, and the conditions can be demanding, but if it is on the table it is almost always worth pursuing.
The Family Violence Finding on Your Record
When a court convicts someone of an offense under Title 5 of the Texas Penal Code (which includes assault) and finds it involved family violence, the judge must make an affirmative finding of family violence and enter it in the judgment.5State of Texas. Texas Code of Criminal Procedure – Chapter 42 It is not optional. Article 42.013 requires the finding and Article 42.01 requires that the judgment reflect it.
That finding is what sets a Class C family violence conviction apart from every other fine-only misdemeanor in Texas. Texas Government Code Section 411.074 excludes any offense involving family violence from eligibility for an order of nondisclosure, which is how Texas seals criminal records from public view. You cannot seal it. Expunction is available only for cases that did not end in a final conviction, so a straight conviction cannot be expunged either. The record stays public and visible on background checks indefinitely.
Firearm Restrictions
Firearm consequences are more nuanced than most people expect, and state and federal law do not line up the same way.
Federal Law
Under 18 U.S.C. § 922(g)(9), anyone convicted of a “misdemeanor crime of domestic violence” is permanently prohibited from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Federal law defines that phrase as an offense that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon” against someone in a domestic relationship.7Office of the Law Revision Counsel. 18 USC 921 – Definitions
Section 22.01(a)(3) criminalizes “offensive or provocative” physical contact. Whether that language meets the federal “use of physical force” requirement is not settled. Some federal courts have treated intentional unwanted touching as enough; others have drawn a line between mere offensive contact and the kind of force the federal statute contemplates. A Class C family violence conviction can trigger the federal ban, but it is not automatic in every case. Anyone in this position needs advice from someone who knows both Texas criminal law and federal firearms law.
If the federal ban does apply, it lasts indefinitely unless the conviction is expunged or set aside, or the person receives a pardon or restoration of civil rights that does not expressly bar firearm possession.7Office of the Law Revision Counsel. 18 USC 921 – Definitions
Texas Law
Texas Penal Code Section 46.04(b) prohibits firearm possession by a person convicted of assault under Section 22.01 “punishable as a Class A misdemeanor” involving a family or household member, for five years after release from confinement or community supervision.8State of Texas. Texas Penal Code – Unlawful Possession of Firearm Because that provision requires a Class A conviction, it does not reach Class C family violence convictions. A separate provision, Section 46.04(c), does prohibit firearm possession by anyone subject to an active protective order, which matters if a protective order was issued alongside the Class C charge.
Regardless of the conviction level, Texas courts are required to notify anyone convicted of a misdemeanor involving family violence that possessing or transferring firearms is unlawful.5State of Texas. Texas Code of Criminal Procedure – Chapter 42 That notice reflects the federal prohibition, not a state-level ban specific to Class C.
Protective Orders
A Class C family violence case can lead to a protective order even when no one was hurt. Texas Family Code Section 85.001 authorizes a court to grant one when it finds that family violence occurred and is likely to occur again.9Justia. Texas Family Code Chapter 85 – Issuance of Protective Order The order can prohibit contact with the protected person, keep you away from their home or workplace, and restrict access to shared children.
Emergency Orders After Arrest
A Magistrate’s Order for Emergency Protection can be issued right after a family violence arrest, before release from custody. The magistrate can issue one on their own, or at the request of the victim, a peace officer, or a prosecutor. No hearing is required, and the victim does not need to be present.10Texas Courts. Chapter 4 – Magistrates Order of Emergency Protection Discretionary orders last 31 to 61 days. Mandatory orders involving a deadly weapon last 61 to 91 days.
Final Protective Orders
A longer-term protective order takes a petition and a civil hearing. If granted, these orders usually last up to two years. In cases involving repeated violence or serious threats, a court can issue an order for any duration, including a lifetime order. Beyond restricting contact, a final order can force you to leave a shared residence and surrender firearms while the order is in place. In 2024, the Supreme Court upheld the constitutionality of the federal law prohibiting firearm possession by people subject to domestic violence restraining orders that include a credible-threat finding.11Supreme Court of the United States. United States v. Rahimi
Violating a protective order is a Class A misdemeanor under Texas Penal Code Section 25.07, punishable by up to a year in jail. Two or more prior violations, or a violation involving assault or stalking, push the charge to a third-degree felony. Even seemingly minor contact, like a text or showing up at the same store, can lead to an arrest on the spot.
Under 18 U.S.C. § 2265, any valid protective order issued by one state must be enforced by every other state, tribe, and territory as if it were a local order.12Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders The protected person does not have to register the order in the new state. Moving out of Texas does not reset anything.
Jobs, Housing, and Licensing
A family violence finding shows up on standard background checks. Employers are not flatly prohibited from considering it, but federal EEOC guidance requires that criminal-record screening be job-related and consistent with business necessity, weighing the nature of the offense, how much time has passed, and the nature of the job.13U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII In practice, many employers in healthcare, education, childcare, and law enforcement treat any family violence conviction as disqualifying. Texas licensing boards for teachers, nurses, counselors, and peace officers frequently ask about criminal history, and the finding invites scrutiny.
Landlords in Texas must disclose their tenant screening criteria on rental applications, and many screen for criminal history. A family violence conviction on a background check can lead to a denied application, especially with larger property management companies that use automated screening. For federally assisted housing, 42 U.S.C. § 13661 gives housing authorities discretion to deny admission to households that include a person engaged in violent criminal activity threatening other residents.14Office of the Law Revision Counsel. 42 USC 13661 – Screening of Applicants for Federally Assisted Housing It is discretion, not a mandate, and decisions are made case by case.
Immigration and Travel
For noncitizens, the fine is a small part of the picture. Under 8 U.S.C. § 1227(a)(2)(E)(i), any noncitizen convicted of a “crime of domestic violence” after admission to the United States is deportable.15Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens The federal definition requires a “crime of violence,” which generally means an offense involving the use, attempted use, or threatened use of physical force. As with the firearm ban, whether a Texas offensive-contact conviction clears that bar is not settled. Some Class C family violence convictions may fall below it, but this is not something to guess at without an immigration attorney’s review before a plea.
Even when a Class C conviction does not technically trigger deportation, it can complicate naturalization applications, visa renewals, and applications for lawful permanent residence. Immigration officers have broad discretion when evaluating “good moral character,” and a family violence finding draws attention that a generic Class C would not.
Canada is where international travel most often runs into trouble. Canadian border officials classify foreign offenses by their closest Canadian equivalent, and most domestic violence offenses correspond to hybrid offenses under Canadian law, which makes a person inadmissible. If fewer than five years have passed since the sentence (including probation) was completed, entry requires a Temporary Resident Permit. After five years, you can apply for Criminal Rehabilitation. After ten years, in most circumstances, deemed rehabilitation may apply automatically.
Clearing the Record Later
What you can do about the record depends entirely on how the case ended.
- Conviction. You cannot expunge a conviction in Texas, and you cannot obtain an order of nondisclosure for any offense involving family violence. The finding stays on your record permanently.
- Successful deferred disposition. A dismissal under Article 45.051 is not a conviction, and the records may be eligible for expunction. This is the clearest path to a clean record.
- Dismissal or acquittal. Expunction is available.
The federal firearm disability under 18 U.S.C. § 922(g)(9) can be lifted if the conviction is expunged, set aside, or pardoned, as long as the expungement or pardon does not expressly prohibit firearm possession.7Office of the Law Revision Counsel. 18 USC 921 – Definitions Because a straight Class C family violence conviction in Texas cannot be expunged, the realistic paths to restoring federal firearm rights after conviction are a gubernatorial pardon or a successful federal restoration-of-rights application. Neither is easy. That is one more reason to fight for deferred disposition while the case is still open.