Texas law provides various protections for people who become victims of domestic violence. When you experience violence from a family or household member or a dating partner, understanding the domestic violence laws can help you protect your rights, interests, and safety.
What Is Considered Domestic Violence in Texas?
Under Texas law, domestic violence can take the form of dating violence or family violence. Dating violence is when someone harms or threatens to harm a person they are or were in a dating relationship with. It also includes harm or threats made because of the person’s current or past relationship with someone else the offender has dated or married. The violence must involve physical harm, injury, assault, sexual assault, or threats that make the person fear these things might happen soon. A court may find that parties have a dating relationship if they have a continuing relationship of a romantic or intimate nature.
Family violence is when someone in a family or household hurts or threatens to hurt another member. This includes physical harm, injury, assault, sexual assault, or making someone afraid these things will happen soon. It also includes abuse of a family or household member, such as harming a child or engaging in sexual behavior that hurts the child’s well-being.
Legal Penalties for Domestic Violence in Texas
A person who commits domestic violence in Texas may face prosecution for the criminal offense underlying the incident of domestic violence, such as assault, sexual assault, terroristic threats, or stalking. A criminal offense may involve a felony or misdemeanor, with a conviction imposing punishment based on the grading of the offense.
Furthermore, violating a protection order issued in a domestic violence case in Texas constitutes a Class A misdemeanor, a state jail felony after a conviction for an offense giving rise to the protection order, or a third-degree felony after a third or subsequent violation or for a violation based on stalking.
Sentences for domestic violence can include:
- First-Degree Felony – Life imprisonment or five to 99 years in prison and a potential fine of up to $10,000
- Second-Degree Felony – Two to 20 years in prison and a potential fine of up to $10,000
- Third-Degree Felony – Two to 10 years in prison and a potential fine of up to $10,000
- State Jail Felony – 180 days to two years in state jail and a potential fine of up to $10,000
- Class A Misdemeanor – Up to one year in jail, a fine of up to $4,000, or both
- Class B Misdemeanor – Up to 180 days in jail, a fine of up to $2,000, or both
- Class C Misdemeanor – A fine of up to $500
Legal Rights for Domestic Violence Victims in Texas
Victims of domestic violence in Texas can petition the court for a protective order. Protective orders prohibit perpetrators of domestic violence from engaging in further acts of violence towards a victim. Common provisions of protective orders include:
- Prohibiting a person from removing a child in the family or household from the custody of the person protected by the order or from the court’s jurisdiction
- Selling, giving away, or putting a legal claim on property that both people own or lease, unless it’s part of normal business activities
- Removing a pet, companion animal, or assistance animal from the possession or care of a person protected by the order
- Granting exclusive possession of a residence to the person protected by the order and directing the perpetrator of domestic violence to vacate the residence
- Requiring payment of child support for children shared by the parties
- Awarding the protected party use and possession of community property or jointly owned or leased property
The Domestic Violence Court Process in Texas
A victim of domestic violence can report acts of violence to the court by filing a petition describing the domestic violence and requesting a protective order. Once the court receives a domestic violence complaint, it can issue a temporary ex parte protective order that imposes specific restrictions on the defendant until the court can hold a hearing. The defendant must receive notice of the hearing and an opportunity to attend and present evidence and testimony to refute the charges. After hearing the parties’ cases, the court may issue a permanent protective order if it finds that an act of domestic violence occurred and that the victim requires a protective order to ensure their safety.
Contact a Domestic Assault Attorney Today
When you experience domestic violence, the spousal abuse laws in Texas can provide you with protection for your rights and safety. Contact BB Law Group PLLC today at (832) 534-2589 for a confidential consultation with a domestic violence attorney to understand the domestic violence laws in Texas and how they can provide you with relief from abuse by a spouse, partner, or family member.
