Assault Family Violence

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Family violence is act intended to result in physical harm, bodily injury, assault or sexual assault, or a threat of such an act when it is committed against a member of the accused’s family or household.

A family or household member could include a:

  • Husband or wife
  • Ex-husband or ex-wife
  • Brother or sister
  • Mother or father
  • Foster child
  • Foster parent
  • Mother or father of a person’s child

Dating violence means the same type of act against a person with whom the accused has a dating relationship. Dating relationship is defined somewhat vaguely in the law, but the court will consider the length and nature of the relationship, and how the accused and the victim interacted.

Domestic assault involves a broad range of offenses, including:

  • Definition of Domestic Violence under Texas Law: Domestic violence is defined in Chapter 71 of the Texas Family Code. It is broken down into family violence and dating violence.
  • Domestic Assault (Texas Penal Code §22.01(b)(2)): An assault means the defendant is accused of intentionally, knowingly or recklessly causing bodily injury to another person. It can also include a threat of imminent bodily harm or causing contact when the accused should have reason to believe the contact will be offensive.

When an assault is allegedly committed against a family or household member, or a person with whom the accused is in a dating relationship, then it falls under family violence or domestic assault. A first offense will be a Class A misdemeanor, like any other assault. However, the second offense of family violence is a third-degree felony.

Terroristic Threats (Texas Penal Code §22.07): For purposes of domestic violence, making a terroristic threat means to intentionally place another person in fear of imminent serious bodily harm. A terroristic threat against a family member, household member or person with whom the accused is in a dating relationship is a Class A misdemeanor.

If you are convicted of domestic violence you could be sentenced to jail time, ordered to pay fines and attend counseling or anger management classes and be placed on probation.

Because of the heavy punishment for assault, you will need to contact a defense lawyer as soon as possible if you are facing such charges.

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