Under the Texas Penal Code, family violence is not a single offense but a category that reshapes how ordinary crimes like assault, threats, and stalking are charged and punished when the people involved share a family, household, or dating relationship. A first assault causing bodily injury against a family member is a Class A misdemeanor with up to a year in county jail. Strangulation, a prior conviction, or a pattern of abuse pushes the same underlying conduct into felony territory, and a conviction carries a federal firearms ban that lasts for life.
What Counts as Family Violence
Every family violence prosecution turns first on the relationship. Texas Family Code Section 71.004 defines family violence as an act by one member of a family or household against another that is intended to cause physical harm, bodily injury, or sexual assault, or that places the other person in reasonable fear of imminent harm.1State of Texas. Texas Family Code FAM 71.004 – Family Violence Defensive measures taken to protect yourself are specifically excluded.
The category is broader than most people expect. It reaches people related by blood or marriage, former spouses, parents of the same child, foster parents and children, and anyone living in the same household whether related or not.2State of Texas. Texas Family Code 71.005 – Household Dating relationships count too. That sweeps in roommates, ex-partners, and people who only briefly lived together.
If the prosecution can’t prove one of those relationships, the family violence enhancement falls away. The underlying assault charge might still stand, but the penalty range and the collateral consequences that follow a family violence finding would not attach.
Assault Against a Family Member
Most family violence cases begin as assault charges under Texas Penal Code Section 22.01. A person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another, including a spouse.3State of Texas. Texas Penal Code 22.01 – Assault Offensive physical contact can also qualify, even without visible injury.
A first-time family violence assault causing bodily injury is a Class A misdemeanor. The penalty tops out at one year in county jail and a fine of up to $4,000.4State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor Prosecutors do not need proof of serious injury; a bruise, a scratch, or credible testimony of pain can be enough.
Strangulation Turns a First Offense Into a Felony
If the assault involves choking, blocking someone’s airway, or applying pressure to the throat or neck to impede breathing or blood circulation, the charge jumps to a third-degree felony on the first offense.3State of Texas. Texas Penal Code 22.01 – Assault The punishment range is 2 to 10 years in state prison and a fine of up to $10,000.5State of Texas. Texas Penal Code PENAL 12.34 – Third Degree Felony Punishment
A defendant with a prior family violence conviction who commits strangulation faces a second-degree felony instead, with substantially higher exposure.6State of Texas. Texas Penal Code PENAL 22.01 – Assault
The Prior-Conviction Escalator and Affirmative Finding
The most consequential enhancement in Texas family violence law is the prior-conviction escalator. A first assault causing bodily injury to a family member is a Class A misdemeanor. If the defendant has any previous conviction for an offense against a family or household member, including assault, continuous violence, or a protective order violation involving assault, the new charge becomes a third-degree felony.6State of Texas. Texas Penal Code PENAL 22.01 – Assault The exposure jumps from a year in county jail to up to 10 years in state prison.
The mechanism that makes the escalator work is the affirmative finding of family violence. Texas courts are required to enter that finding in the judgment whenever a Title 5 offense involved family violence.7State of Texas. Texas Code of Criminal Procedure Art. 42.013 – Finding of Family Violence The finding attaches even when the case ends in a plea deal on a misdemeanor. So a defendant who accepts a plea today to what feels like a minor charge still leaves court with a family violence finding on the record, and any future assault against a family member will be prosecuted as a felony.
Continuous Violence Against the Family
Texas has a separate offense aimed at patterns of abuse. Under Penal Code Section 25.11, a person commits continuous violence against the family by assaulting a family or household member two or more times within a 12-month period.8State of Texas. Texas Penal Code PENAL 25.11 – Continuous Violence Against the Family The offense is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.5State of Texas. Texas Penal Code PENAL 12.34 – Third Degree Felony Punishment
This charge gives prosecutors a distinct advantage. The jury does not have to agree on the specific dates or particular acts making up the two incidents. Unanimous agreement that the defendant committed two or more assaults against a qualifying person inside a 12-month window is enough.8State of Texas. Texas Penal Code PENAL 25.11 – Continuous Violence Against the Family Individual assault charges require the prosecution to pin down a discrete incident with more precision.
Threats, Stalking, and Restraint
Family violence charges reach past physical contact. Under Section 22.07, a terroristic threat involves threatening violence with intent to place someone in fear of serious bodily injury. That offense is ordinarily a Class B misdemeanor, but when the target is a family or household member it is automatically elevated to a Class A misdemeanor.9State of Texas. Texas Penal Code PENAL 22.07 – Terroristic Threat The maximum climbs from 180 days and a $2,000 fine to one year and $4,000.
Harassment under Section 42.07 covers repeated threatening phone calls, unwanted electronic communications, and tracking someone’s vehicle or phone without consent.10State of Texas. Texas Penal Code PENAL 42.07 – Harassment When that conduct becomes a pattern directed at a specific person and causes them to fear bodily injury, it crosses into stalking under Section 42.072, a third-degree felony.11State of Texas. Texas Penal Code PENAL 42.072 – Stalking A second stalking conviction becomes a second-degree felony, with prison exposure of 2 to 20 years.
Unlawful restraint also comes up in these cases. Intentionally restricting another person’s movement without consent is a Class A misdemeanor even when no one is physically injured.12State of Texas. Texas Penal Code PENAL 20.02 – Unlawful Restraint If the person restrained is under 17, it becomes a state jail felony.
Violating a Protective Order Is Its Own Crime
Protective orders are civil remedies, but breaking one is a criminal offense under Penal Code Section 25.07.13State of Texas. Texas Penal Code PENAL 25.07 – Violation of Certain Court Orders or Conditions of Bond A basic violation is a Class A misdemeanor. If the violation itself involves committing an assault or stalking, the charge becomes a third-degree felony regardless of the defendant’s prior record. Repeat violations can also escalate to state jail felony or third-degree felony charges depending on the circumstances.
The magistrate handling a family violence arrest can impose an emergency protective order at arraignment, before the alleged victim files anything. Under Code of Criminal Procedure Article 17.292, those orders last a minimum of 31 days and up to 61 days. If the offense involved a deadly weapon, the range shifts to 61 to 91 days.14State of Texas. Texas Code of Criminal Procedure Art. 17.292 – Magistrates Order for Emergency Protection The magistrate can prohibit contact, bar the defendant from the victim’s home or workplace, require GPS monitoring, and suspend the defendant’s handgun license. These conditions often take effect before the defendant posts bond.
The Federal Firearms Ban
A Texas family violence conviction triggers a federal consequence that many defendants do not learn about until later. Under 18 U.S.C. § 922(g)(9), a person convicted of a misdemeanor crime of domestic violence is prohibited from possessing any firearm or ammunition.15Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban is federal, lifetime, and applies even to misdemeanor pleas.
Unlike most federal firearms prohibitions, this one has no exception for law enforcement officers or military personnel.16Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions Possessing a firearm in violation of the ban is a separate federal crime punishable by up to 15 years in prison. The Department of Justice has announced a process for restoring federal firearms rights under 18 U.S.C. § 925(c), but as of 2026, the application system is still being developed.17The United States Department of Justice. Federal Firearm Rights Restoration
Why the Category Matters
The relationship label is what makes family violence law different from ordinary assault law. The same shove, threat, or grab that would be a routine misdemeanor between strangers picks up an automatic elevation, an affirmative finding on the record, a magistrate-issued protective order at arraignment, and a federal firearms ban that outlasts the sentence. And every one of those follows even a misdemeanor plea. A defendant weighing a quick resolution to a first-time charge is not just resolving that case; they are setting the floor for any future one and accepting consequences that continue long after jail time or probation ends.