Family Violence in Texas Civil and Criminal Court

 Posted on June 15, 2025 in Criminal Defense

In Texas, behaviors associated with family violence can be addressed in both criminal and civil courts. The term "family violence" covers acts of violence against a family or household member or someone you are dating. The consequences of a conviction can be extensive, but you have the right to challenge the allegations against you. 

If you were charged with a crime or are facing a civil case related to a domestic incident, a Midland, TX family violence defense attorney can help you understand the legal consequences related to your case and what you can do to challenge them.

What Does a Civil Family Violence Case Look Like in Texas?

A civil family violence case is initiated by the victim. They may seek protection through a protective order for themselves or a child. According to Sec. 85.022 of the Texas Family Code, a protective order can prevent you from being near the victim or communicating with them, either directly or through someone else. Violating a protective order is a criminal offense under Texas Penal Code § 25.07 and can result in prison time and a fine. 

Family violence allegations are also taken very seriously in civil proceedings involving custody. If you share children with the person accusing you of family violence, the court will factor in these issues when determining legal custody and visitation.

What Are the Criminal Charges for Family Violence in Texas?

Criminal charges related to family violence come in three main forms that are outlined under Texas Penal Code § 22.02:

• Assault: You can be charged with assault if you intentionally, recklessly, or knowingly injure someone or threaten them with injury. Assault charges are enhanced if they are committed against a family member. The types of relationships that fall under this charge include a former or current partner or spouse, a household member, a foster child or parent, or a relative by blood, adoption, or marriage.

• Aggravated assault: Aggravated assault involves the same behaviors as assault, but is more serious as it results in serious bodily injury or is committed with the use of a deadly weapon.  "Serious bodily injury" means an injury so bad it causes death or a substantial risk of death, permanent disfigurement, or loss of any body part. A deadly weapon could be any object that can cause harm or death.

• Continuous violence against the family: If you commit two episodes of family violence within 12 months, you can be charged with this crime in addition to the criminal penalties involved with the assaults themselves. If convicted, the penalties are severe, including up to 10 years in prison and fines as high as $10,000.

How Do You Fight a Family Violence Charge?

Your attorney will need to assess the details of your case to adequately determine the best possible defense strategy. However, common defenses include false allegations, insufficient evidence, and self-defense. If you can prove that the allegations against you are inaccurate, that the prosecution does not have enough evidence to convict, or that you were using reasonable force to protect yourself, the court may reduce the charge or dismiss it altogether.

Contact an Austin, TX Family Violence Defense Attorney Today

If you have been charged with a crime related to family violence, reach out to the Midland, TX family violence defense lawyers at Morales Law Office, Attorneys at Law, PLLC. to talk about your legal options. Even a misdemeanor charge can result in jail time and significant fines, and it can impact everything from employment to child custody arrangements. Our attorneys can help you build a strong defense to challenge the charges. Contact us at 512-474-2222 today to schedule a consultation.