If you’ve been charged with assault involving a spouse, partner, or family member, you may hear different terms used, domestic violence, family violence, or even assault–family member.
In Texas, these terms are often used interchangeably in everyday conversation. But legally speaking, “family violence” is the term used in the Texas Penal Code and Family Code. Understanding the difference and what it means for your case is critical.
If you’re facing charges in the Brazos Valley or anywhere in Texas, here’s what you need to know.
What Is “Family Violence” Under Texas Law?
Texas law defines family violence as an act intended to cause:
- Physical harm
- Bodily injury
- Assault
- A threat that places someone in fear of imminent harm
This applies when the alleged victim is:
- A spouse or former spouse
- A dating partner
- A current or former roommate
- A parent of your child
- A relative by blood or marriage
- A member of your household
The key factor is the relationship between the parties, not just the alleged conduct.
What Is “Domestic Violence”?
In Texas courtrooms, the term “domestic violence” isn’t typically used in statutes. Instead, prosecutors charge cases as:
Assault Causing Bodily Injury – Family Member
“Domestic violence” is more of a general term used by the public and media. Legally, the offense is classified under assault laws, with an added family-violence designation if the relationship qualifies.
Why the Label Matters
When a charge includes a family violence finding, the consequences can be more serious than a standard assault charge.
A family violence designation can:
- Prevent you from legally possessing firearms under federal law
- Affect child custody proceedings
- Impact divorce cases
- Limit future plea bargain options
- Enhance future charges to felonies if another incident occurs
Even if the alleged injury is minor, the relationship designation increases the long-term impact.
Can the Alleged Victim Drop the Charges?
One of the most common misunderstandings in family violence cases is that the alleged victim can “drop the charges.”
In Texas, only the prosecutor has the authority to dismiss charges. Even if the alleged victim wants the case dismissed, prosecutors may move forward without their cooperation.
This is especially common in Brazos County and other Texas jurisdictions.
How Family Violence Cases Often Begin
Family violence arrests often happen quickly, sometimes based on:
- A 911 call during an argument
- Visible marks or injuries
- Statements made in the heat of the moment
- Conflicting stories between parties
In many cases, officers must make an arrest if they believe violence occurred, even if both parties later regret calling police.
Defending Against Family Violence Charges
Every case is different. A strong defense may involve:
- Challenging inconsistencies in witness statements
- Examining body cam footage
- Questioning whether the alleged injury meets legal standards
- Identifying false or exaggerated accusations
- Exploring self-defense claims
Because these cases move quickly and often involve protective orders, early legal representation is critical.
The Bottom Line
While “domestic violence” and “family violence” may sound similar, in Texas courts the legal consequences can be serious and long-lasting. Even a first-time charge can affect your rights, your family relationships, and your future.
If you’ve been accused of family violence in Bryan, College Station, or anywhere in the Brazos Valley, don’t try to navigate the system alone.
Contact Spiegelhauer Law today to discuss your case and protect your rights from the very beginning.
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