Domestic Assault Laws

Texas law has three subsects of domestic violence. The crimes can be considered domestic assault, aggravated domestic assault and continuous violence against the family.

An act of violence against the following list of individuals is considered domestic assault:

  • A current or former spouse
  • A child of a current or former spouse
  • A person with whom the offender has a child or children
  • A foster child or foster parent of the offender
  • A family member of the offender by blood, marriage, or adoption
  • Someone with whom the offender lives
  • A person with whom the offender has or had an ongoing dating or romantic relationship

A domestic assault charge is considered a Class A misdemeanor if the defendant has had no prior convictions. Any following offense is considered a third degree felony.

Texas law states that an officer of the law is able to arrest a person accused of domestic assault on the spot regardless of whether or not the officer personally witnessed the act of violence. Witnesses or any physical evidence of the crime are acceptable probable causes for an arrest. The state of Texas does not require physical violence to be the only form of domestic assault; intent or threats of violence are also considered domestic assault.

According to the website of the Law Offices of Mark T. Lassiter, domestic assault charges are prosecuted aggressively. Some domestic assault charges can carry a 2-20 years prison sentence. Probation, community supervision, fines, and protective orders are also possible penalties of conviction.