03/05/2025
ALL ABOUT THE LAW —
Don’t ever hit or throw things at your spouse or children because you are angry. You could be arrested for misdemeanor/felony family violence assault in Texas. And if your family member hits you, make sure you take pictures or videos of any bruises or cuts and keep all your evidence say somewhere where it can’t be lost or deleted. Keep a record and notes of everything. And always call the police to document what happened. But just know that if you call the police, someone could be arrested and these police reports are there forever unless the records are expunged.
I am seeing too many of these cases in our community. Don’t let this be you.
Family violence and how it affects you and your children in a divorce or custody.
What is the legal definition of "family violence" in Texas?
This section defines family violence for the purposes of getting a protective order. Family violence is defined as:
1. any act committed by one family or household member against another family/household member that is:
• intended to cause:
• physical harm;
• bodily injury, which is defined as physical pain, illness, or damage to your physical condition;
• assault; or
• sexual assault; or
• a threat that reasonably places the family or household member in fear of:
• physical harm;
• bodily injury, which is defined as physical pain, illness, or damage to your physical condition;
• assault; or
• sexual assault.
2. any of the following acts committed by a family or household member against a child of the family or household member:
• physical injury that results in substantial harm to the child (or that has a real risk of resulting in substantial harm)
• sexual conduct harmful to a child’s mental, emotional, or physical welfare (including acts that come under the offense of continuous sexual abuse of young child, indecency with a child, sexual assault, or aggravated sexual assault)
• forcing or encouraging the child to engage in sexual conduct, trafficking (under sections (a)(7) or (8) of the law), prostitution (under section (b) of the law), or compelling prostitution (under section (a)(2) of the law);
• causing, permitting, encouraging, engaging in, or allowing pornographic or obscene photographing, filming, or depicting of the child;
• use of a controlled substance (drug) that the use results in physical, mental, or emotional injury to a child;
• causing, encouraging, or expressly (specifically) permitting a child to use a controlled substance (drug);
• causing, permitting, encouraging, engaging in, or allowing sexual performance by a child;
• forcing or coercing a child to enter into a marriage;
or
3. dating violence.
Note: If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not family violence.
If family violence occurs, I suggest you call 911 for help. Always call 911. If you don’t call and later there is a custody fight over the kids, your decision to not call the police may adversely affect a judge’s decision or jury’s decision to give you custody.
Always document what you can if family violence occurs in your relationship. Take pictures and videos of your injuries or the fight. Telling your friends and family an assault occurred isn’t good enough, because if they didn’t see what happened, they can’t testify on your behalf. They have to witness it.
What can you do after an family violence assault? You can request a protective order from your county district attorney’s office. They will prosecute family violence assault cases for free. Or you can hire a personal attorney to prosecute a family violence case in family court.
If a parent is convicted of domestic violence, they will lose the right to own a firearm. This is the case for any felony conviction; however, even a misdemeanor conviction for a domestic violence charge will lead to the loss of firearm rights.
Don’t agree to sign an affidavit of non-prosecution to help your attacker.
If you are in the middle of a custody case, and there has been a finding of family violence at Temporary Orders, make sure the family violence is stated in your final orders. Without the family violence language, you ex can come back and seek sole custody of the kids for whatever reason. Always insist on the language.
Texas Penal Code, Section 22.01 (Assault).
https://codes.findlaw.com/tx/penal-code/penal-sect-22-01/
The information contained in my legal blog are general legal information for the state of Texas. Please consult with a lawyer of your choice regarding your specific situation for the specific state you are in. Please also note that the laws of Texas change from time to time, so make sure you get the latest laws for your matter or case. By reading any of the legal posts in my blog, you understand that I am not your attorney and I am not giving you legal advice for your specific situation.
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