What makes an assault allegation “family violence” in Texas?
Texas assault law and the Family Code definitions work together. The relevant relationships can include current or former spouses, parents of the same child, relatives, foster relationships, people who live or previously lived in the same household, and people in a qualifying current or former dating relationship.
The relationship label does not replace the elements of the alleged assault. The State must still prove the charged theory—bodily injury, imminent threat, or offensive or provocative contact—and any required mental state. The exact relationship, alleged conduct, and charging language should be examined separately.
Family violence is broader than marriage
Texas Family Code Chapter 71 defines “family,” “household,” “member of a household,” and “dating relationship” separately. A casual acquaintance or ordinary social or business interaction is not automatically a dating relationship. Facts such as the nature, duration, frequency, living arrangements, parentage, and history of the relationship may matter.
The Family Code’s definition of family violence excludes defensive measures to protect oneself. Whether conduct was actually defensive remains a fact-intensive question under the evidence and Texas justification law.
Misdemeanor and felony classifications depend on the allegation
Under Texas Penal Code Section 22.01, assault causing bodily injury is generally a Class A misdemeanor. A bodily-injury assault involving a qualifying family, household, or dating relationship can become a third-degree felony when the State proves specified prior qualifying history or alleges that the accused impeded normal breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth.
The statute provides a second-degree-felony classification when the State alleges both specified prior qualifying history and the described impeded-breathing conduct. The complaint, indictment, relationship allegation, prior records, medical evidence, and mechanism alleged must be reviewed before the charge level can be assessed accurately.
For this enhancement, Texas law may treat a qualifying guilty or no-contest plea followed by deferred adjudication as a prior conviction even after discharge. A conviction under another state’s law may also qualify when its elements are substantially similar to a listed Texas offense. The underlying judgment, plea, relationship finding, offense elements, and disposition should be reviewed rather than relying on an arrest history or database label.
An impeded-breathing allegation requires evidence
Police reports may use words such as “strangulation” or “choking,” but the statutory language focuses on intentionally, knowingly, or recklessly impeding normal breathing or blood circulation through identified conduct. The defense may examine 911 audio, body-camera video, medical records, photographs, timing, witness descriptions, prior statements, and whether the physical evidence supports the mechanism alleged.
The absence or presence of visible injury is not automatically decisive. The issue is whether admissible evidence proves the statutory allegation and required mental state beyond a reasonable doubt.
The complaining witness does not control the prosecution
A witness may ask that a case not continue, provide additional context, or dispute what officers recorded. The prosecuting authority—not the witness—decides whether to proceed. Attempts to pressure a witness, obtain a recantation, or arrange prohibited contact can create additional legal problems.
Bond conditions, magistrate’s orders for emergency protection, other protective orders, and no-contact instructions must be followed exactly, even if the other person initiates communication. Any requested modification should be addressed through counsel and the appropriate court.
Evidence that should be preserved
- Recordings: 911 calls, body-camera footage, surveillance, doorbell video, and witness recordings.
- Communications: complete text threads, call logs, emails, social messages, and communications before and after the event.
- Injury and scene evidence: photographs of both people, medical records, damaged property, layout, lighting, and distances.
- Relationship evidence: facts relevant to dating, family, co-parenting, residence, or former household status.
- Prior-case records: actual judgments and dispositions rather than database labels or arrest summaries.
- Defense evidence: information supporting self-defense, defense of another, accident, mistaken identity, or an incomplete account.
What to do after a family-violence arrest
- Read and follow every bond condition, magistrate’s order for emergency protection, and other protective-order provision.
- Do not contact a protected person directly or indirectly if contact is prohibited.
- Preserve complete communications and recordings without deleting, editing, or selectively forwarding them.
- Do not post about the accusation or the people involved.
- Identify independent witnesses and video sources promptly.
- Have counsel evaluate the relationship allegation, offense elements, enhancement paragraphs, and collateral proceedings separately.
Frequently asked questions
Is family-violence assault always a felony in Texas?
No. Classification depends on the charged assault theory, relationship, alleged conduct, qualifying prior history, and other statutory circumstances.
Can the complaining witness drop a family-violence charge?
The prosecuting authority controls whether the criminal case continues. A witness’s position may matter, but it does not automatically dismiss the charge.
Does a dating relationship require marriage or living together?
No. Texas defines a dating relationship separately, based on a continuing romantic or intimate relationship and factors including its length, nature, and frequency of interaction.
Can self-defense apply in a family-violence case?
Self-defense may apply when supported by the facts and Texas law. The Family Code definition excludes defensive measures, but the criminal justification analysis remains fact-specific.
Legal information reviewed: November 10, 2026. Statutes and procedures can change, and the law applicable to a case may depend on the alleged offense date, charging theory, criminal history, and individual facts.
Responsible lawyer: Jonathan Julio Vela. Primary practice location: 801 Congress St., Suite 345, Houston, Texas 77002.