Understanding Domestic Violence Charges in Texas

What Are Domestic Violence Charges in Texas?

In Texas, “domestic violence” is not a standalone charge. It is a label applied to assault and related offenses when the alleged victim is a family member, household member, or someone with whom you have a dating relationship. The criminal charge on your paperwork will say something like “Assault Causing Bodily Injury – Family Member” or carry the notation “FM” for family member. What matters is what offense is charged, what the state must prove, and what the consequences are if convicted. This page answers the questions people most commonly have after an arrest.

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Understanding the Terminology

What Is the Difference Between Domestic Violence and Family Violence in Texas?

Texas law uses the term “family violence” rather than “domestic violence,” but the two phrases describe the same conduct. Under Texas Family Code Section 71.004, “family violence” means an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the person in fear of imminent physical harm. “Domestic violence” is the everyday term most people use, but it is not a term you will find in the Texas Penal Code. On charging documents, the offense will be listed as a specific assault charge with “family member,” “FM,” or “FV” attached to it.

What Is the Difference Between Domestic Violence and Domestic Abuse?

“Domestic abuse” is not a legal term under Texas law. It is a broader social concept that includes patterns of controlling behavior, emotional manipulation, and economic harm, not all of which rise to the level of a criminal charge. “Domestic violence” refers specifically to conduct that constitutes a criminal offense. You can be charged with domestic violence for a single incident of alleged physical contact. There is no charge called “domestic abuse” in the Texas Penal Code.

Who Qualifies as a Family or Household Member Under Texas Law?

The family violence designation applies to a broader group than most people realize. Under Texas Family Code Section 71.003, “family” includes spouses and former spouses, parents of the same child, foster parents and foster children, and other individuals related by blood or marriage. “Household members” under Section 71.005 are those who currently live together or who have lived together in the past. Dating partners, current and former, are also covered under the family violence statute regardless of whether they ever shared a home. This means a charge can carry the family violence designation even in relationships that were brief or never cohabiting.

How Does a Domestic Violence Charge Become a Felony in Texas?

Most first-time domestic violence charges are Class A misdemeanors, punishable by up to one year in county jail and a $4,000 fine. A charge escalates to a felony under several circumstances.

Under Texas Penal Code Section 22.01, assault causing bodily injury to a family or household member becomes a third-degree felony if the defendant has a prior family violence conviction. It also becomes a felony if the assault involved impeding the victim’s breathing or circulation (choking or strangulation). That charge is a third-degree felony on a first offense and a second-degree felony on a subsequent offense. Continuous violence against the family under Texas Penal Code Section 25.11, which requires two or more acts of family violence within a 12-month period, is a third-degree felony regardless of prior convictions. Learn more about felony family violence charges.

What the Prosecution Must Prove

The most common domestic violence charge in Texas is Assault Causing Bodily Injury to a Family Member under Texas Penal Code Section 22.01(a)(1). To convict, the state must prove beyond a reasonable doubt that the defendant intentionally, knowingly, or recklessly caused bodily injury to a person with whom they have a qualifying family or household relationship. Every element must be established by the prosecution. The defendant has no burden to prove anything. The state carries the entire weight of proof.

In impeding-breath cases under Section 22.01(b)(2)(B), the prosecution must additionally prove that the defendant intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the victim by applying pressure to the throat or neck or by blocking the nose or mouth. These cases are treated far more seriously, prosecuted more aggressively, and carry significantly higher bonds.

Bond Amounts for Domestic Violence Charges in Texas

Varghese Summersett has analyzed bond data across the counties where the firm practices. The tables below reflect what courts have actually set for family violence and assault charges in each county. Bond amounts vary based on prior criminal history, severity of alleged injuries, whether a weapon was involved, and the magistrate assigned to the case. An attorney can file a motion to reduce bond in appropriate circumstances.

Tarrant County

Based on an analysis Varghese Summersett completed of over 52,000 bonds in Tarrant County:

Charge	Most Common Bond
Assault Bodily Injury – Family Member (Class A Misdemeanor)	$1,000
Assault FM/HM – Impede Breathing/Circulation (3rd Degree Felony)	$10,000
Assault FM/HM – Prior Conviction (3rd Degree Felony IAT)	$10,000
Continuous Violence Against the Family (3rd Degree Felony)	$5,000

Dallas County

Based on an analysis Varghese Summersett completed of over 64,000 bonds in Dallas County:

Charge	Most Common Bond
Assault Bodily Injury – Family Member (Class A Misdemeanor)	$1,500
Assault FM/HM – Impede Breathing/Circulation (3rd Degree Felony)	$15,000
Assault FM/HM – Prior Conviction (3rd Degree Felony IAT)	$25,000
Continuous Violence Against the Family (3rd Degree Felony)	$10,000

Harris County

Based on an analysis Varghese Summersett completed of over 45,500 bonds in Harris County:

Charge	Most Common Bond
Assault Bodily Injury – Family Member (Class A Misdemeanor)	$1,000
Assault FM/HM – Impede Breathing/Circulation (3rd Degree Felony)	$15,000
Assault FM/HM – Prior Conviction (3rd Degree Felony IAT)	$20,000
Continuous Violence Against the Family (3rd Degree Felony)	$20,000

Denton County

Based on an analysis Varghese Summersett completed of over 12,900 bonds in Denton County:

Charge	Most Common Bond
Assault Bodily Injury – Family Member (Class A Misdemeanor)	$2,500
Assault FM/HM – Impede Breathing/Circulation (3rd Degree Felony)	$10,000
Assault FM/HM – Prior Conviction (3rd Degree Felony IAT)	$10,000
Continuous Violence Against the Family (3rd Degree Felony)	$5,000

Fort Bend County

Based on an analysis Varghese Summersett completed of over 10,200 bonds in Fort Bend County:

Charge	Most Common Bond
Assault Bodily Injury – Family Member (Class A Misdemeanor)	$2,000
Assault FM/HM – Impede Breathing/Circulation (3rd Degree Felony)	$10,000
Assault FM/HM – Prior Conviction (3rd Degree Felony IAT)	$30,000
Continuous Violence Against the Family (3rd Degree Felony)	$20,000

Collateral Consequences: What Else Is at Stake

The jail sentence is often the least of a person’s worries in a domestic violence case. The consequences that flow from a conviction, or even a deferred adjudication, can reshape every area of your life.

Are Domestic Violence Offenses Crimes of Moral Turpitude?

The answer depends on the offense. Texas courts and federal agencies have found that assault-based domestic violence convictions can qualify as crimes of moral turpitude depending on the mental state required and the nature of the conduct. This matters in three specific contexts.

In immigration proceedings, a crime involving moral turpitude can trigger deportation, removal, or inadmissibility for non-citizens. Under federal law (18 U.S.C. Section 922(g)(9)), any misdemeanor conviction that qualifies as a misdemeanor crime of domestic violence under the federal definition triggers a lifetime federal firearms prohibition. Immigration courts analyze Texas convictions carefully, and the categorical approach used by federal courts means the specific elements of the Texas offense matter enormously. See our guide on immigration consequences of criminal charges for more detail.

In professional licensing, many Texas licensing boards consider crimes of moral turpitude when reviewing applications or deciding whether to discipline a current licensee. This includes licenses for teachers, nurses, attorneys, physicians, peace officers, and many other regulated professions. A domestic violence conviction may need to be disclosed on renewal applications and can result in disciplinary action.

In court proceedings, a prior conviction for a crime of moral turpitude can be used to impeach your credibility as a witness. If you later testify in a civil matter, a custody hearing, or a future criminal trial, the other side may be permitted to introduce evidence of the conviction to call your honesty into question.

How Will a Domestic Violence Charge Affect My Divorce?

Texas is one of the few states that still allows fault-based divorce. Under Texas Family Code Section 6.002, a spouse can seek divorce on the ground of cruelty. A domestic violence charge or conviction gives the other spouse powerful ammunition to pursue a fault divorce, which can directly affect how the court divides the marital estate. Texas courts can award a disproportionate share of community property to the innocent spouse in a fault divorce. Our attorneys have written in detail about the intersection of domestic violence and divorce and the intersection of family and criminal law.

How Will It Affect Child Custody?

Under Texas Family Code Section 153.004, a court must consider credible evidence of family violence when making conservatorship decisions. A finding of family violence creates a rebuttable presumption against awarding joint managing conservatorship to the party who committed the violence. In practice, this means a domestic violence charge, even one that is still pending, can affect temporary custody arrangements while the criminal case is ongoing. A conviction can severely limit your parental rights going forward.

How Will It Affect My Immigration Status?

Non-citizens face serious immigration consequences from domestic violence convictions. Under the federal Violence Against Women Act and the Immigration and Nationality Act, a conviction for a misdemeanor crime of domestic violence can lead to removal proceedings. Even deferred adjudication in Texas can trigger immigration consequences in some circumstances, because federal immigration law does not always treat a deferred adjudication the same way Texas state courts do. Anyone who is not a U.S. citizen and is facing a domestic violence charge should speak with an attorney who understands both criminal defense and immigration law before entering any plea.

Can I Lose My Right to Own a Firearm?

Yes, and this is one of the most significant collateral consequences of a domestic violence conviction. Under federal law (18 U.S.C. Section 922(g)(9)), any person convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. This is a lifetime federal ban, not a Texas-specific restriction, and it applies even to misdemeanor convictions. Texas law under Texas Penal Code Section 46.04 additionally prohibits persons subject to certain protective orders from possessing firearms. The loss of gun rights is permanent absent a presidential pardon or a finding that the conviction does not meet the federal definition.

Protective Orders

What Is a Protective Order in a Domestic Violence Case?

A protective order is a civil court order that prohibits the restrained person from having contact with the protected person. In domestic violence cases, protective orders are commonly issued alongside criminal charges. A temporary ex parte protective order can be issued without your presence or knowledge if a court finds there is a clear and present danger of family violence. A final protective order is issued after a hearing where both parties have the opportunity to appear and the court finds that family violence has occurred and is likely to occur again. A final protective order can last up to two years, and under certain circumstances, such as when the conduct was a felony or caused serious bodily injury, a court can issue a lifetime protective order.

An emergency protective order (EPO) is issued automatically by a magistrate at the time of arrest for family violence offenses and typically lasts 31 to 91 days. EPOs are mandatory when the alleged offense involved serious bodily injury or the use of a deadly weapon. You may have one already without fully understanding its terms.

Watch our attorneys explain the difference between protective orders and restraining orders in Texas:

What Happens If I Violate a Protective Order?

Violating a protective order is a separate criminal offense under Texas Penal Code Section 25.07. A first violation is a Class A misdemeanor. A second or subsequent violation is a third-degree felony. If the violation involves assault, stalking, or sexual assault, the charge can be elevated further. A violation can also affect your bond conditions in the pending criminal case and may result in your bond being revoked, which means returning to custody while the case remains pending. Varghese Summersett has successfully had warrants for protective order violations rescinded in appropriate cases, but strict compliance with every term of the order is the safest course while your defense attorneys work the underlying case.

Dismissal, Dropped Charges, and Case Outcomes

Can a Domestic Violence Case Be Dismissed in Texas?

Yes. Dismissal is one of several possible outcomes, and Varghese Summersett has secured dismissals of family violence charges across Texas courts. Dismissal most commonly occurs when the evidence is legally insufficient to proceed, when key witnesses become unavailable or recant, when constitutional violations tainted the evidence, or when the defendant successfully completes a diversion program. In Tarrant County’s domestic violence diversion program, eligible defendants may be able to have the charge dismissed upon completing the program’s requirements. Dismissal after diversion does not happen automatically. It must be actively pursued.

What Is Forfeiture by Wrongdoing?

Forfeiture by wrongdoing is a legal doctrine that allows the prosecution to use a witness’s out-of-court statements at trial, even if the witness is unavailable to testify, when the defendant wrongfully caused that unavailability. In domestic violence cases, this most often comes up when the alleged victim recants, refuses to cooperate, or disappears before trial. If the prosecution can show that the defendant persuaded, threatened, or otherwise caused the victim not to testify, the court can allow earlier statements, such as a 911 call or a recorded statement to police, into evidence even without the witness present. This doctrine has significantly changed domestic violence prosecutions. Prosecutors no longer need a cooperative victim to proceed in every case.

Can the Victim Drop the Charges?

This is one of the most common misconceptions in domestic violence law. The alleged victim cannot drop the charges. Only the prosecutor has the authority to dismiss a criminal case. Once law enforcement makes an arrest and the case is filed, the case belongs to the state, not to the complainant. A victim who later changes their account or says they do not want to pursue the matter does affect the strength of the prosecution’s evidence, but it does not end the case. Many prosecutors’ offices in Texas maintain no-drop policies for family violence cases. An experienced attorney understands how to use a recantation strategically, but it does not guarantee dismissal.

What Happens After a Domestic Violence Case Is Dismissed?

A dismissal is not the end of the road. It is the beginning of a separate process. After dismissal, an arrest record still exists and will appear on background checks. To fully clear that record, you must pursue either an expunction or a nondisclosure, depending on how the case was resolved. An attorney can help you understand exactly what your dismissal means and what steps to take next. Read more in our guide on being falsely accused of domestic violence.

Case Results

The following are real outcomes Varghese Summersett has achieved in family violence and related cases. Past results do not guarantee future outcomes.

Clearing Your Record After a Domestic Violence Case

What Is the Difference Between Nondisclosure and Expunction?

These are two different forms of record relief in Texas, and they are not interchangeable. An expunction fully destroys the record of an arrest. After a successful expunction, you can legally deny that the arrest ever occurred. An order of nondisclosure seals the record from public view, so most employers and landlords cannot see it, but the record still exists and remains accessible to law enforcement, certain licensing boards, and some government agencies. Expunction is the stronger remedy. Nondisclosure is the more limited one. Our blog goes into full detail on getting an expunction in Texas.

Can I Get a Domestic Violence Charge Nondisclosed?

Nondisclosure is heavily restricted for family violence offenses. Under Texas Government Code Section 411.074, a person is not eligible for an order of nondisclosure if the offense is among the statute’s listed exclusions, which includes family violence offenses. In practical terms, most domestic violence convictions and deferred adjudications in Texas are not eligible for nondisclosure. There are narrow fact-specific situations worth discussing with an attorney, but nondisclosure is not generally available after a family violence case.

Can I Get a Domestic Violence Charge Expunged?

Expunction eligibility depends entirely on how the case ended. If the charges were dismissed outright after completing deferred adjudication, you are generally not eligible for expunction because deferred adjudication does not qualify under Texas law. However, if you were arrested but never charged, if the grand jury no-billed the case, if the case was dismissed and the statute of limitations has expired, or if you were acquitted at trial, expunction may be available. A case handled through a diversion program that resulted in dismissal, if structured correctly from the start, may also be eligible. The specific procedural posture of your case determines your options.

2025 Legislative Update: Texas Family Violence Law

Texas made significant changes to family violence law through HB 2492 in 2025. Watch Varghese Summersett attorneys explain what changed and what it means for pending and future cases:

Why the Right Defense Team Matters

Varghese Summersett has handled domestic violence and family violence cases across Texas for more than a decade. Letty Martinez, a Board Certified Criminal Law Specialist, spent more than 20 years as a prosecutor with the Tarrant County District Attorney’s Office, including time as Chief of the Family Violence Unit and Chief of the Crimes Against Children Unit. She also served as an Assistant U.S. Attorney for the Northern District of Texas and tried more than 100 cases before a jury. That background means she understands exactly how prosecutors build these cases and where they are vulnerable.

Founding partner Benson Varghese, also a Board Certified Criminal Law Specialist, has tried more than 100 cases across Texas courts. The firm’s criminal defense team has secured more than 1,600 dismissals and more than 800 charge reductions for clients across Texas. With four offices and a team of 70+ legal professionals, Varghese Summersett is equipped to meet the demands of these high-stakes cases.

When you retain Varghese Summersett for a domestic violence case, the work begins immediately. We review the police report, the 911 call, any body camera footage, and every piece of evidence the prosecution intends to use. We appear at all court settings so you do not have to miss work unnecessarily. We evaluate whether your case is eligible for a diversion program, whether constitutional issues exist that warrant a motion to suppress, and whether the evidence tested against the beyond-a-reasonable-doubt standard is sufficient for the state to proceed.

We also address the collateral consequences from day one. Your immigration status, professional licenses, firearms rights, and any pending family law matters are all part of the picture we consider when developing a defense strategy. These are not afterthoughts. They are part of the case.

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Speak with a Texas Domestic Violence Defense Attorney

A domestic violence charge is one of the most consequential criminal accusations a person can face. The penalties, the collateral consequences, and the speed at which these cases move all demand immediate, experienced legal representation. Varghese Summersett’s criminal defense team, including Board Certified Criminal Law Specialists and a former Family Violence Unit Chief, is available around the clock.