Understanding Domestic Violence vs Assault in Texas: Key Differences

When facing a charge of domestic violence or assault in Fort Worth, it can be overwhelming. It doesn't matter if the charges came from an argument that got heated, an unfortunate misunderstanding, or even a case of possible self-defense: many people don't realize that a simple raised voice, unwanted touching, or seemingly minor altercation can quickly spiral into a felony charge that can have life-changing penalties.

The lawyers at Sparks Law Firm understand the difference between domestic violence and assault in Texas, and they work with accused clients every day. It's also important for those who are facing these charges, and their families, to understand the difference. Additionally, it's important to know how Texas law defines each charge, how the state prosecutes them, and how a criminal defense attorney can work with the accused to reach a favorable outcome. They can explain the difference between self-defense vs assault in Texas.

Texas Assault Law Overview

In Texas, assault is defined under Texas Penal Code §22.01, and it includes different types of actions. A person can be charged with assault, even if the victim has no injuries or requires medical treatment...in fact, a person can be charged with assault and never even touch the other person or make physical contact.

Texas law describes assault like this:

• Causing bodily injury in an intentionally, knowingly, or recklessly way

• Threatening another person with imminent bodily injury

• Touching another person in a way that is seen as offensive or provocative by a reasonable person

Assault charges have criminal penalties that can range from fairly serious to extremely serious and life changing. It depends on several factors, including the extent of the injury, if a weapon was involved, and the categorization of the victim(s).

Simple Assault vs. Aggravated Assault in Texas

In the state of Texas, assault charges are categorized as either simple assault or aggravated assault.

Simple Assault

Simple assault charges often arise from situations that happen everyday. It might be a shove during an argument, a slap during a fight, or even a verbal threat. In most cases, a simple assault might cause minor physical harm, but they are not serious injuries.

Even if the charge of simple assault sounds minor, there can still be strong penalties and affect a person's reputation. Here are some of the penalties for simple assault:

• Class C misdemeanor - Examples of a Class C misdemeanor include threats like, "If I see you again, I will break your nose," or offensive contact like spitting. Shoving, pushing, or slapping without injury is usually also classified as a Class C misdemeanor. Those charged with the crime can expect fines up to $500, but there is no imprisonment.

• Class A misdemeanor - Examples of a Class A misdemeanor include anything that causes physical harm like a closed fist punch, pushing someone to the ground causing injuries, or throwing something at another person that causes an injury. Those charged with a Class A misdemeanor face up to one year in jail and/or higher fines of up to $4,000.

People should keep in mind that enhanced charges might be applied to simple assault charges. This means that they can be elevated to a third degree felony. Enhanced charges apply if the victim falls into a certain group of people including a public servant, like a police officer or security guard, an elderly person, or a domestic partner.

Aggravated Assault

Aggravated assault is a crime that involves serious bodily injury and the use of, or exhibition of, a deadly weapon. These are always felony charges, and might include stabbing, shooting, or threatening someone with a gun. Penalties for aggravated assault include:

• Second-degree felony - prison sentence of 2 to 20 years and a fine of up to $10,000.

• First-degree felony - prison sentence of 5 to 99 years in prison, or life, plus fines.

Domestic Violence Laws in Texas

Assault charges typically stem from altercations with strangers or people the accused don't know well, but domestic violence charges apply when the accused and alleged victim have a specific relationship. Texas domestic violence laws, specifically, Texas Family Code, defines family violence as any act that causes harm or threat of harm to a family member, a member of the household, or a romantic partner. These include a spouse or former spouse, a partner or former partner, and household members, such as a roommate or relative.

There are three main types of domestic violence:

Domestic Assault

As with charges of assault, domestic assault is defined in a similar way: someone intentionally, knowingly, or recklessly causes bodily injury, threatens bodily harm, or makes provocative or offensive contact. The difference is, with a domestic assault, the alleged victim is a member of the family, has a household relationship, or is someone the accused person is dating. Specifically, the law recognizes the following in this group: a spouse or ex-spouse, romantic or dating partners, roommates, or relatives by blood, marriage, or adoption.

The charges for domestic assault are similar to those applied to assault charges:

• Class A misdemeanor - typically given for a first offense and if there is no physical harm. Legal consequences include up to a year in jail and fines of up to $4,000.

• Third-degree felony - typically given if the accused has a previous domestic violence conviction or if the assault involves actions like choking or strangulation. This comes with punishment of up to 10 years in prison and fines of up to $10,000.

Aggravated Domestic Assault

Aggravated domestic assault involves the use of a deadly weapon during the crime, or the infliction of serious injuries. A deadly weapon is defined as firearms, knives, baseball bats, or any object that can cause death, including cars. Serious bodily injury in defined as broken bones, loss of consciousness, disfigurement, or injuries requiring hospitalization or surgery.

The charges for aggravated domestic assault are felony charges:

• Second-degree felony - most aggravated domestic assault charges fall into a second-degree felony category, which comes with prison sentence of 2 to 20 years, and fines up to $10,000.

• First-degree felony - if the person charged used a deadly weapon or caused serious injury, it is a first-degree felony. These charges come with a prison sentence of 5 to 99 years, or even life in prison.

These are some of the most serious domestic violence crimes, and often come with strict conditions, including higher bail, protective orders, and custody complications.

Continuous Violence Against the Family

This charge applies when a person commits two or more acts of domestic violence, including psychological abuse, within 12 months. It doesn't matter if the victim is the same person or a different person. In some cases, victim testimony, alone, is enough to lead to conviction.

In most cases, continuous violence charges in Texas are a third-degree felony. This charge comes with a prison sentence of 2 to 10 years, up to $10,000 in fines, a lifetime criminal record, mandatory counseling, and the Texas Department of Family and Protective Services often steps in, especially if physical abuse against a child is involved.

Real-World Example: Fort Worth Case Study

Here is a real-world example of a domestic violence situation in Fort Worth:

A couple gets into an argument at home. The wife calls the police and claims that the husband pushed her into a wall, and then threatened to hurt her. Police arrive to the scene, but they see no injuries. They arrest the husband for domestic assault based solely on her statement.

Though the case was domestic assault at the start, which is a misdemeanor, during the investigation, the wife mentions that her husband had done the same thing before the alleged incident, and she mentioned both emotional abuse and financial abuse. Though the court doesn't necessarily have specific charges for those, they can add to the seriousness of the abuse charges and add severe penalties. Other forms of abuse, like technological abuse, can also add additional consequences.

Previous incidents of any type of domestic violence within 12 months can elevate the charge, even without prior convictions.

The prosecution elevated the domestic assault charge to a charge of continuous violence against the family. Now, he is facing a third-degree felony, which means two to ten years of prison. He will require an amazing criminal defense attorney at his side to fight this felony charge.

Protective Orders and No-Contact Orders in Texas

In Texas, if someone is accused of domestic violence or assault, the court might issue a protective order. These are legal tools that are used to protect alleged victims once charges have been filed against an alleged suspect. Most often, these are issued in cases of domestic violence, stalking, sexual assault, or family abuse.

Though people are often familiar with these orders, they often believe that they are the same. However, they have different legal implications.

Understanding Protective Orders

A protective order is a civil court order, not a criminal court order. They are designed to protect someone from continued mental or physical injury by restricting or prohibiting the accused person from specific actions.

These are common in family violence cases, and the orders can last up to two years, and sometimes longer. These are similar to restraining orders, which are used when there might be a divorce pending, or child support/child custody issues.

In Texas, there are three main types of protective orders:

Temporary Ex Parte Protective Order

Usually given in emergency situations, these are issued without the alleged abuser present, and they are based only when the alleged victim is in immediate danger, i.e. a fight between intimate partners that got out of hand, and threats were made that one of them would harm the other. These are valid for up to 20 days, and do not require an arrest.

Final Protective Order

A final protective order is issued after a court hearing. Both parties will have a chance to speak to the court, and give their side of the story. Remember, these are civil orders, not criminal penalties. These can last up to two years, and sometimes longer.

Magistrate's Order for Emergency Protection (MOEP)

These are issued following an arrest for family violence or assault. They are valid for up to 91 days, and are used to prevent further assault, threats, and possession of firearms.

Understanding a No-Contact Order

A no-contact order is most commonly issued as a condition of probation, bond, or parole in a criminal case. These orders prohibit the accused person from contacting the victim in any way while the case is ongoing or in process.

The main difference between the no-contact order and a protective order is that a protective order is often requested by the alleged victim, but a no-contact order is initiated by the court.

The Key Differences

Here is a breakdown of the key differences between a protective order and no-contact order:

A protective order is a civil order that is requested by a victim or their attorney. It can be issued before, during, or after a criminal case. It can last up to two years, and it is an enforceable order, meaning the person the order is against can be arrested if they break the order.

A no-contact order is a criminal order that is requested by the court or the prosecutor. It is usually issued after the alleged incident, and is typically tied to the length of the case. This, too, is an enforceable order.

Violating Court Orders

There are potential consequences to violating either of these court orders, and it is considered to be a criminal offense. Breaking an order can lead to any of the following: arrest, jail time, fines, additional charges, revocation of probation or bond, and even felony charges if such actions occur repeatedly.

Is it Possible to Challenge or Change a Protective Order?

Yes, it is possible to challenge or change a protective order in the state of Texas. These orders can override parental rights, visitation rights, and more. It's important for those who have a protective order against them to have a criminal attorney. With their help, the accused defendant can present evidence and witness testimony, and ask the court to drop or change the order.

Protective and no-contact orders are powerful tools that are used to prevent harm or harassment in Texas. It is recommended that those defending themselves against an accusation of domestic violence, assault, or any criminal penalty have the assistance of a criminal defense lawyer as soon as possible after the accusation.

Collateral Consequences of an Assault or Domestic Violence Conviction

There are more consequences to an assault conviction or domestic violence conviction besides jail time or fines. There are long-term consequences, plus a social stigma, that can affect a person's life now and into the future.

Consequences with Getting Employment

Following a conviction of assault or domestic violence, even a first time conviction, can have a negative affect on any future job search. Most employers perform background checks, and a violent crime conviction will appear on a permanent record. It's incredibly difficult, if not impossible, to get a job in healthcare, law enforcement, or education., even with a first time offense. Other employers might also feel the same.

Firearm Restrictions

These convictions also override a person's right to bear arms, which means those with assault or domestic violence convictions cannot own or possess firearms. In Texas, if someone has a protective order against them, even a temporary one, they cannot own or possess a firearm.

Child Visitation Rights and Child Custody

Family courts take assault and domestic violence charges very seriously, and these could override a persons child custody or child visitation rights. Even if parental rights are temporarily or permanently taken, if the accused pays child support, those payments are still required.

Immigration Status

Those who are convicted of these crimes and not a US citizen could lose their status and be deported.

Family Violence vs. Dating Violence

It's important to mention that there is a difference between family violence and dating violence in Texas. Both of these fall into the same broad category of domestic violence, but there are some specific differences.

Family Violence (Texas Family Code § 71.004)

Family violence refers to any act by a member of a family or household member against another. The act must be intentionally made to cause harm. It also includes threats, which may vary widely but have the power to put the victim in a place of fear.

The law states that anyone in this group is considered "family:" spouses, former spouses, siblings, in-laws, roommates, household members, co-parents, and natural or adopted children. Foster parents can also be accused of family violence.

Dating Violence (Texas Family Code § 71.0021)

Dating violence is defined as the act of committing violence towards someone they currently have, or formally had, a dating relationship with. This means anyone the accused has a present or former romantic or intimate relationship with. These acts include physical harm, threats, or emotional abuse.

Legal Impact

Both family violence and dating violence can lead to criminal charges, protective orders, and long-term consequences for the accused. The main difference lies in the nature of the relationship. The courts will evaluate evidence of the relationship, including looking a things like phone records, text messages, social media, etc, when determining whether the act qualifies as family or dating violence.

Regardless of the classification, both forms of violence are taken seriously under Texas law and carry significant legal penalties.

Defense Strategies in Assault and Domestic Violence Cases

Assault and domestic violence charges in Texas carry serious penalties, including jail time, heavy fines, protective orders, and a permanent criminal record. However, being accused does not mean a person is guilty of a crime. People make false accusations all of the time, especially in circumstances involving a struggling marriage, family issues, and rocky relationships.

Several strong defense strategies can be used to fight these charges, but an accused person must have a good defense attorney by their side.

Self-Defense or Defense of Others

One of the most common defenses is self-defense. Under Texas law, a person may use force if they reasonably believe it’s necessary to protect themselves or someone else from harm. If evidence shows the alleged victim was the aggressor, this defense may apply. An attorney will know quickly if a self-defense defense is a possibility.

Lack of Intent

Another option for defense is a lack of intent. To convict someone of assault, prosecutors must prove, without a reasonable doubt, that the act was intentional. If the contact was accidental, or there was no intention to cause harm, the charge may not hold up in court, and charges could be dropped or lessened.

False Allegations

Unfortunately, false accusations do occur all of the time, as mentioned above — Most often they occur during breakups, custody disputes, or emotional conflicts. Evidence such as text messages, surveillance footage, or witness testimony can help expose false claims.

No Visible Injuries or Evidence

Prosecutors must prove their case beyond a reasonable doubt. If there are no medical records, photos of injuries, or credible witnesses, a defense attorney may challenge them by proving that there was no evidence showing that the alleged victim was injured.

Consent or Mutual Combat

In some cases, both parties voluntarily engage in a physical altercation. If the contact was consensual, it may be a valid defense against an assault charge.

Skilled criminal defense law firms, like those at Sparks Law Firm, can evaluate the evidence, identify weaknesses in the prosecution’s case, and build the strongest possible defense. Every case is different, so the sooner the accused person can get an attorney, the faster they can begin to build up their defense.

Reducing or Dismissing Assault or Domestic Violence Charges

Depending on multiple factors, it may be possible to negotiate a reduction in charges, enter a diversion program, or even have the case dismissed entirely. Here are some of the ways a Texas domestic violence or assault attorney can help their clients get a reduced charge or case dismissal:

Deferred Adjudication

Texas courts sometimes offer deferred adjudication for first-time offenders. If completed successfully, it avoids a conviction—but the arrest remains on the person's record unless expunged.

Pretrial Diversion Programs

Tarrant County may offer pretrial diversion programs for eligible individuals. These often include counseling, anger management, or substance abuse treatment. When completing these programs, the charges may be dropped.

Motions to Dismiss

If evidence is lacking, a defense attorney can file a motion to dismiss. This is especially common when the alleged victim recants or refuses to testify.

Why Hire a Fort Worth Criminal Defense Lawyer?

Navigating assault or domestic violence charges without legal counsel is dangerous. An experienced Fort Worth criminal defense lawyer can help accused individuals in the following ways:

• Investigate the facts and gather supporting evidence

• Negotiate with prosecutors for charge reductions or dismissals

• Protect the accused rights during interrogations and hearings

Texas prosecutors are known for aggressively pursuing domestic violence cases. Even when the victim doesn’t want to press charges, the state may proceed with prosecution. Having a lawyer from day one can make the difference between jail time and case dismissal.

Frequently Asked Questions

Q: Can a person be charged even if the victim doesn’t want to press charges?Yes. In Texas, once the police file a report, the decision to press charges lies with the prosecutor—not the victim.

Q: Will a first-time domestic violence charge ruin a person's record?It can. Even a misdemeanor can appear on background checks. An attorney can help their client explore options like deferred adjudication or dismissal.

Q: What happens if a person violates a protective order?Violating a protective order is a separate criminal offense and may lead to additional jail time and fines—even if no violence occurred.

Q: Can a domestic violence charge be expunged?Only in limited cases, such as wrongful arrest or case dismissal. Convictions for violent crimes are generally not eligible for expungement or sealing in Texas.

Q: If someone wants to plead guilty, do they need a lawyer?Yes. A lawyer can negotiate for reduced charges, lighter penalties, or alternative sentencing. Pleading guilty without legal advice is risky and often unnecessary.

Take the First Step and Hire a Lawyer

For anyone facing assault or domestic violence charges in Fort Worth, the best advice is this: don’t wait until the court date to seek legal help. These charges can follow a person for life—affecting their career, family, and reputation. The sooner a skilled criminal defense attorney is involved, the better the chances of building a strong case. They can also compare simple vs aggravated assault in Texas.

Sparks Law Firm specializes in defending clients accused of assault, family violence, and other criminal charges across Tarrant County. The team understands that not every accusation tells the full story—and they are there to fight for the rights of their clients.

Call today for a free, confidential consultation with an experienced Fort Worth criminal defense lawyer from Sparks Law Firm.