Domestic Violence in Texas: Penalties and Protective Orders

Domestic violence in Texas is prosecuted under the state’s “family violence” laws, which cover physical harm, threats of imminent harm, and sexual assault between people in a family, household, or dating relationship. A first offense is typically a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine, but strangulation, a prior family violence conviction, or two incidents inside a year push the charge to a third-degree felony carrying two to ten years in prison. A conviction also triggers a federal firearm ban, weighs heavily against you in custody proceedings, and can lead to deportation if you are not a U.S. citizen.

How Texas Defines Family Violence

Under the Texas Family Code, family violence is any act by a family member, household member, or dating partner intended to cause physical harm, bodily injury, assault, or sexual assault against another. Threats that place someone in reasonable fear of imminent harm count as well. Acts of self-defense are excluded.¹

The threshold for physical harm is lower than most people think. “Bodily injury” in Texas means any physical pain, illness, or impairment of physical condition.² No bruise, no broken bone, no visible mark is required. Grabbing someone hard enough to cause pain during an argument satisfies the statute.

The definition also reaches certain forms of child abuse by a family or household member and all acts of dating violence.¹

Which Relationships the Law Covers

Not every assault becomes a domestic violence case. The relationship between the people involved is what triggers the family violence enhancement. Texas recognizes three categories.

Family Members

Family under Texas law includes people related by blood or marriage, former spouses, parents who share a child whether or not they were ever married, and foster children and foster parents.³ The relationship does not have to be current. An altercation with an ex-spouse years after divorce is still a family violence case.

Household Members

A household is anyone living together in the same dwelling, related or not. Former roommates count too. An assault against someone who moved out months ago can still be charged as domestic violence.

Dating Partners

A dating relationship means a continuing romantic or intimate relationship. Courts look at length, nature, and frequency of interaction.⁴ Ordinary social contact or a workplace acquaintance does not qualify.

Criminal Penalties

How the case is charged depends on what happened, whether a weapon was involved, and whether there is any prior family violence history.

Class A Misdemeanor

A first-time domestic assault causing bodily injury to a family member, household member, or dating partner is a Class A misdemeanor.⁵ The penalty is up to one year in county jail and a fine of up to $4,000.⁶ The word “misdemeanor” understates what the conviction actually does. The firearm ban, the custody presumption, and the permanent notation on your record reach far beyond the jail exposure.

Third-Degree Felony

Three circumstances turn a domestic assault into a felony:

A prior conviction for any offense committed against a family member, household member, or dating partner automatically makes a new domestic assault a third-degree felony.⁵
Strangulation or choking, meaning any assault that restricts breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, is a third-degree felony even without any prior record.⁵
Two or more domestic assaults within any 12-month period can be charged as “continuous violence against the family,” a standalone third-degree felony. The jury does not need to agree on the exact dates, only that at least two incidents happened inside the window.⁷

A third-degree felony carries two to ten years in prison and a fine of up to $10,000.⁸

Emergency Protective Orders After Arrest

When someone is arrested for family violence, a magistrate can issue an emergency protective order at the first court appearance, often within hours of arrest and before any lawyer is involved. The order can be entered on the magistrate’s own initiative or at the request of the victim, a guardian, a peace officer, or the prosecutor.⁹

In two situations the order is mandatory: when the arrest involved serious bodily injury, or when a deadly weapon was used or displayed during the assault.⁹

Emergency orders take effect immediately. For most arrests they last 31 to 61 days. When a deadly weapon was involved, they last 61 to 91 days.⁹ Violating any term is a separate criminal offense.

Civil Protective Orders

A victim can also petition a court directly for a civil protective order by showing that family violence has occurred. These orders exist independently of any criminal case, so a victim can seek one even when no arrest was made.

A protective order can:

Prohibit threatening or harassing communication with the protected person, and, for good cause, block all contact except through an attorney or court-appointed intermediary.
Require the person to stay a specified distance away from the victim’s home, workplace, and any school or child-care facility a protected child attends.
Prohibit possession of a firearm for the duration of the order, unless the person is an on-duty peace officer.
Prohibit tracking the victim’s vehicle or personal electronics, including through apps or GPS devices.
Prohibit harming or interfering with pets and assistance animals belonging to a protected person.¹⁰

A standard order lasts up to two years, or two years by default if no period is stated.¹¹ A court can extend the order longer if the abuser caused serious bodily injury or has already been the subject of two or more previous protective orders.

Violating a protective order is a Class A misdemeanor on its own. It becomes a third-degree felony if the person has two or more prior convictions for violating a protective order, or if the violation involved committing an assault or stalking.¹²

The Affirmative Finding of Family Violence

When a court convicts someone of any offense involving family violence, the judge must enter an “affirmative finding of family violence” in the judgment.¹³ That single notation is the mechanism that activates most of the consequences that follow. It makes any future domestic assault chargeable as a felony, it triggers the federal firearm ban, and it can be introduced in later custody proceedings.

Loss of Firearm Rights

Federal law prohibits anyone convicted of a “misdemeanor crime of domestic violence” from possessing a firearm or ammunition.¹⁴ It does not matter how light the sentence was. Probation, a small fine, or time served all trigger the ban if the conviction qualifies.

For offenses against a spouse, former spouse, co-parent, cohabitant, or someone similarly situated to a spouse or parent, the ban is permanent. For offenses involving a dating partner, federal law allows firearm rights to be restored after five years under certain conditions. There is no exception for law enforcement. Active officers lose the right to possess a personal firearm on the same terms as everyone else. Possessing a firearm in violation of the ban is a separate federal crime punishable by up to 15 years in prison.¹⁵

Effect on Child Custody

A family violence finding can change the shape of a custody case. Texas law bars a court from appointing parents as joint managing conservators when there is credible evidence of a history or pattern of physical or sexual abuse by one parent against the other parent, a spouse, or a child.¹⁶

Beyond that, Texas law creates a rebuttable presumption that appointing a parent with a history of family violence as sole managing conservator, or as the parent who decides where the child lives, is not in the child’s best interest.¹⁶ Rebuttable presumption means the accused parent starts behind. The court begins from the position that custody with that parent is bad for the child, and the parent must produce evidence strong enough to overcome that starting point.

Immigration Consequences

Domestic violence carries serious immigration consequences for non-citizens on both sides of the case.

If You Are Convicted

Any non-citizen convicted of a “crime of domestic violence” after being admitted to the United States is deportable under federal immigration law. The statute reaches violent crimes against a current or former spouse, cohabitant, co-parent, or someone similarly protected under state family violence law, and a misdemeanor is enough. Violating a protective order that guards against threats of violence, harassment, or bodily injury is a separate ground for deportation.¹⁷

If You Are the Victim

Non-citizen victims have two main federal options built so an abuser cannot use immigration status as leverage.

The Violence Against Women Act (VAWA) lets the abused spouse or child of a U.S. citizen or lawful permanent resident self-petition for immigration status without the abuser’s knowledge or cooperation. You must show a qualifying family relationship, a good-faith marriage (for spouses), that you experienced abuse, that you lived with the abuser, and good moral character. USCIS accepts any credible evidence, and detailed documentation carries the most weight.¹⁸

A U-visa is available to victims of qualifying crimes, including domestic violence, who have cooperated with law enforcement on the investigation or prosecution. The application requires a certification from an authorized law enforcement official confirming the victim was, is, or is likely to be helpful. If the victim is under 16 or has a disability that prevents cooperation, a parent, guardian, or next friend can assist on their behalf.¹⁹

1
State of Texas. Texas Family Code 71.004 – Family Violence
2
State of Texas. Texas Penal Code 1.07 – Definitions
3
State of Texas. Texas Family Code 71.003 – Family
4
State of Texas. Texas Family Code 71.0021 – Dating Violence
5
State of Texas. Texas Penal Code 22.01 – Assault
6
State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
7
State of Texas. Texas Penal Code 25.11 – Continuous Violence Against the Family
8
State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
9
State of Texas. Texas Code of Criminal Procedure Art. 17.292 – Magistrate’s Order for Emergency Protection
10
State of Texas. Texas Family Code 85.022 – Requirements of Order Applying to Person Who Committed Family Violence
11
State of Texas. Texas Family Code 85.025 – Duration of Protective Order
12
State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders or Conditions of Bond
13
Texas Public Law. Texas Code of Criminal Procedure Art. 42.013 – Finding of Family Violence
14
Office of the Law Revision Counsel. 18 U.S.C. 922 – Unlawful Acts
15
Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence
16
State of Texas. Texas Family Code 153.004 – History of Domestic Violence
17
Office of the Law Revision Counsel. 8 U.S.C. 1227 – Deportable Aliens
18
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 3, Part D, Chapter 2 – Eligibility Requirements and Evidence
19
U.S. Citizenship and Immigration Services. Victims of Criminal Activity: U Nonimmigrant Status