Domestic violence is not automatically a felony in Texas, but it can become one quickly depending on the circumstances. Many cases begin as misdemeanors, but specific factors can push charges into felony territory and expose a person to prison time, a permanent record, and long-term restrictions that affect firearm rights, employment, and family court matters. Understanding exactly when and how charges escalate is essential for anyone facing these allegations.

How Texas Defines Family Violence

Texas does not use the term “domestic violence” in its criminal statutes. The legal framework uses “family violence,” defined in Texas Family Code Section 71.004 as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the member in fear of imminent harm. Defensive measures taken to protect oneself are explicitly excluded.

The relationships covered are broad:

• Spouses and former spouses
• Family members related by blood or marriage
• People sharing a household, regardless of their relationship
• Individuals in a dating relationship (defined separately in Family Code Section 71.0021 as ongoing romantic or intimate connections)

This breadth means that many different living situations and relationship types can give rise to a family violence charge.

The Core Criminal Charge: Texas Penal Code Section 22.01

Most domestic violence prosecutions in Texas are built on Texas Penal Code Section 22.01, the state’s assault statute. A person commits assault when they intentionally, knowingly, or recklessly cause bodily injury to another person, including a spouse.

Under Texas law, bodily injury is defined broadly to include physical pain, illness, or any impairment of physical condition. This means a bruise, a red mark, or temporary pain from a single incident can be sufficient for a charge, even without a visible wound or medical treatment.

When committed against a family member, household member, or dating partner, the offense carries the family violence designation. The baseline charge:

• First offense with no aggravating factors, Class A misdemeanor
• Up to one year in county jail
• Fine of up to $4,000

The charge can escalate significantly based on several factors outlined below.

When Charges Escalate to a Felony

1. Prior Family Violence Conviction

One of the most common triggers for felony-level charges is a prior conviction for a family violence offense. Under Section 22.01, a new family violence assault charge is elevated to a third-degree felony if the defendant has a previous family violence conviction.

Key points that catch many people off guard:

• The enhancement applies whether or not the prior conviction resulted in actual jail time
• It applies regardless of whether a deferred adjudication was later discharged
• Texas courts treat deferred adjudication in family violence cases as a conviction for purposes of future enhancements, a significant distinction from most other offense types

2. Impeding Breathing or Circulation (Strangulation)

Allegations involving strangulation or suffocation are treated with particular severity. Section 22.01 expressly provides that assault becomes a third-degree felony when committed by intentionally, knowingly, or recklessly:

• Applying pressure to the throat or neck
• Blocking the nose or mouth

This felony enhancement applies even on a first offense, with no prior criminal history required. When strangulation is combined with a prior family violence conviction, the charge can rise to a second-degree felony.

3. Continuous Violence Against the Family

Texas created a standalone felony offense to address patterns of repeated abuse. Under Texas Penal Code Section 25.11, a person commits Continuous Violence Against the Family when they engage in qualifying assault conduct against a family member, household member, or dating partner two or more times within a twelve-month period. This is a third-degree felony.

Important features of this charge:

• The two incidents do not each need to be separately charged or tried
• Prosecutors are not required to prove the exact date or county of each incident
• The jury must only agree unanimously that two or more qualifying incidents occurred within the twelve-month window

This design allows the statute to capture patterns of ongoing abuse that individual misdemeanor prosecutions might not fully address.

4. Violating a Protective Order

Violating a protective order is itself a criminal offense under Texas Penal Code Section 25.07. A first violation is typically a Class A misdemeanor. The violation becomes a third-degree felony when any of the following apply:

• The defendant has two or more prior convictions for protective order violations
• The violation involved committing an assault or stalking a protected person
• The person has repeatedly violated the order within a twelve-month period, even without prior convictions

Collateral Consequences Beyond the Sentence

Even a misdemeanor family violence conviction carries consequences that extend well beyond the courtroom:

• Permanent record: Cannot be sealed or expunged in Texas, deferred adjudication in family violence cases is treated as a conviction for record purposes
• Firearm prohibition: Both federal and Texas law prohibit firearm possession following a family violence conviction, including Class A misdemeanors. These restrictions are generally lifetime bans
• Child custody impact: Texas family courts are required to consider any history of family violence when determining conservatorship and visitation arrangements
• Immigration consequences: Immigration status can be affected by a conviction in this category
• Employment and licensing: Professional licensing opportunities may be limited by any family violence conviction

What Happens After a Family Violence Arrest in Texas

The sequence of legal events following a family violence arrest can move quickly:

• Emergency Protective Order (EPO): In many cases, a magistrate issues an EPO within hours of arrest, separate from any bond conditions, that can immediately prohibit contact with the alleged victim and restrict access to a shared residence
• Bond conditions: Routinely include no-contact requirements, travel restrictions, and prohibition on firearm possession
• Prosecutorial review: Prosecutors review the case, prior history, and nature of allegations to decide what charge to file and whether any enhancements apply

The decisions made in this early phase can significantly shape the trajectory of the case.

Important Note on Deferred Adjudication: In Texas, successfully completing deferred adjudication for a family violence offense does not prevent that outcome from being used as a prior conviction if a new family violence charge is filed later. This is different from most other criminal offenses and makes legal guidance at the initial stage especially critical.

Speak With a McKinney Criminal Defense Attorney

Family violence charges in Texas carry serious consequences that can affect nearly every part of your life. Law Office of Chris Fredericks is ready to help. Reach out through the contact page or call 469-217-3672 to discuss your situation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.