A conviction for a domestic violence-related offense can impact your ability to:
- Obtain employment
- Maintain specific professional licenses
- Obtain hunting and other recreational licenses
- Possess firearms
- Acquire custody or exercise visitation with your children
At our firm, we know there are at least two sides to every story. We can work with you to present a strong and precise defense. Our team understands the seriousness of these matters and can carefully review your case to determine the best legal options.
What Is Family Violence Assault in Texas?
Family violence assault charges are founded on the existence of harm between members of the same household or family. When violent acts occur within a family environment, alleged victims can make a claim against another household member for emotional or physical abuse or threats.
According to Texas law, a family violence assault occurs when a member of the same family or home engages in behavior that causes:
- Bodily harm or injury
- Threats of bodily injury
- Offensive or aggressive physical contact
Family violence assault charges are appropriate when knowing and reckless harm with intent is committed against the alleged victim.
Texas law considers people who meet the following criteria as members of a household or family:
- Blood or marriage connection between two people
- Current or former spouses
- Parents sharing a child
- People who are dating or have dated
- Families connected through the foster system
- Roommates
Family violence assault charges can be filed as a misdemeanor or felony based on the evidence applied in the case.
Family violence assault charges can include:
- Misdemeanor, Class C: Offensive or incendiary physical contact with a member of one’s family or with whom a person shares a household
- Misdemeanor, Class A: Bodily injury against a member of one’s family or household
- Felony, third degree: Anyone with prior convictions for the same crime or who has caused bodily injury to a member of their household
Family violence crimes involving assaults carry harsher penalties than assaults in other categories. Aside from potential jail time, heavy fines, restrictive probation, and possible mandatory anger management programs, you will also likely be subject to a protective order issued by the court that can seriously impact your life.
If you face family violence assault charges, you need a criminal defense attorney with experience handling these types of cases. You can rely on the knowledge and experience you will find at
Our firm has outstanding qualifications, including the highest peer-reviewed rating through Martindale Hubbell®, a respected legal industry organization. Our team is led by a former prosecutor, judge, and proven trial attorney, and brings professionalism and care to every client.
Felony Assault by Choking in Texas Family Violence Cases
Felony assault by choking occurs when an individual intentionally, knowingly, or recklessly impedes the normal breathing or blood circulation of a household member by applying pressure to the person's throat or neck or by blocking the person's nose or mouth.
Felony assault by choking in Texas is classified as a third-degree felony. The penalties for this offense include two to 10 years in prison and fines of up to $10,000. Other consequences may apply if aggravating factors are present or if the offender has prior family violence convictions.
Texas Protective Orders vs. Restraining Orders
In many states, the terms “restraining order” and “protective order” are commonly used interchangeably to refer to the same type of court order. However, in Texas, they are not the same. Our state differentiates between these two court orders with essential differences.
Both of these court orders are commonly used in cases of family violence, divorce, and criminal matters. You may need to obtain or contest a restraining or protective order if involved in such a conflict.
What Is a Restraining Order In Texas?
A judge issues a restraining order and outlines the conduct the parties can or cannot engage in on each side of an issue. These orders may prohibit one party from contacting the other to protect alleged victims and property from harm. Restraining orders are commonly used in Texas divorce cases.
For example, while a divorce is pending, a restraining order may state that neither party can sell marital property or empty bank accounts. This order ensures that these assets remain intact until a marital property settlement can be decided.
The order may also require one party to pay spousal or child support to the other or detail how child visitation should be arranged. These restraining orders can be extensive and specific to both restricted and ordered actions.
Types of Restraining Orders In Texas
The state of Texas offers three types of restraining orders:
- Temporary restraining order
- Emergency protective order, sometimes called a magistrate’s order of emergency protection
- Final protective order, also called a permanent protective order
The judge will determine which type of restraining order is appropriate based on specific circumstances and threat level.
How to File a Restraining Order
Filing a Texas restraining order requires completing and submitting the necessary forms to the court clerk’s office. These forms must be signed under penalty of perjury and include information about the respondent, such as their name, address, and date of birth.
Additionally, it must specify the type of abuse that has occurred or is likely to occur and any other relief desired by the petitioner. Once these forms have been filled out and reviewed by a judge, they will be signed off and become valid immediately upon filing. The restraining order will remain in effect until further notice from the court.
After completing and submitting the necessary forms, the petitioner and their legal counsel (if they choose to hire one) must attend a court hearing. Evidence will be presented during this hearing, and both sides can present their arguments before the judge.
The judge will decide whether or not to grant the restraining order. If granted, the restraining order may provide several protections for the petitioner, such as prohibiting contact between the petitioner and respondent, ordering child support payments, or evicting the respondent from the shared property. The restraining order is generally valid for two years but can be extended depending on the circumstances.
Temporary Restraining Orders & Injunctions
Restraining orders in these scenarios can be issued as temporary restraining orders (TROs) or injunctions. TROs typically remain in effect for only 14 days until a court hearing can be conducted to rule on the issue.
Injunctions are another type of court order written to prevent an activity considered harmful to the protected party. They are part of civil lawsuits and can be issued temporarily or permanently.
Restraining orders are civil matters, meaning law enforcement cannot enforce them. However, the courts can. The protected party must seek such enforcement by returning to court, where a judge can find a violator of a restraining order in contempt of court. The judge can then issue fines or other sanctions against the offender.
What Is a Protective Order in Texas?
Protective orders are generally issued by courts to protect family or household members from domestic abuse.
Protective orders are issued in cases of:
- Stalking
- Harassment
- Sexual assault
- Physical assault
Protective orders can involve spouses, ex-spouses, household members, co-parents, individuals living together, and current and former dating partners. The relationships can include same-sex partners as well as straight couples. These orders generally remain in effect for two years.
What a Protective Order Does
Protective orders generally prohibit the aggressor in the relationship from making any contact with the protected party. This protection can also extend to children.
The prohibited contact can include:
- Physical contact
- Contact by phone, email, letter, text, social media, or from third parties
- Contact at the protected person’s home, workplace, school, or places frequently visited
It can also state that the aggressor must not go within a certain distance of the protected party.
Violations of Protective Orders
Protective orders can be issued in both criminal cases and family law cases. They are designed to protect people and their property. It is generally a criminal offense to violate a protective order. As such, they can be enforced by the police. Violations of protective orders can lead to fines of up to $4,000 and jail time of up to two years.
