What Counts as Family Violence in Texas, and Why It Isn't One Crime

Quick answer: Family violence in Texas is a definition, not a single crime. Family Code Section 71.004 covers an act or threat against a member of your family or household, certain abuse of a child in the family or household, and dating violence. It doesn’t include defensive measures to protect yourself. If you were arrested in McKinney or anywhere in Collin County, the charge on your paperwork is probably something else, such as assault, with the family violence label attached to it.

That distinction isn’t academic. The label affects what a magistrate can order at your first appearance, what the judge writes in the judgment, and what happens to your firearm rights and your record. So it’s worth knowing exactly what the words mean. We write these guides from the statutes themselves and link to them below.

What does Section 71.004 actually say?

The definition has three parts. Family violence means:

• 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 that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault or sexual assault. It does not include defensive measures to protect oneself.
• Abuse, as defined by listed parts of Family Code Section 261.001, by a member of a family or household toward a child of the family or household.
• Dating violence, as defined by Section 71.0021.

Notice what the first part turns on: intent or a threat. And notice the carve-out. The statute says out loud that defensive measures aren’t family violence, which matters in a case where both people called the police.

Who counts as family or household?

More people than most clients expect. The Family Code defines each term separately.

Term	Family Code section	Who it covers
Family	71.003	People related by blood or marriage as the Government Code determines, former spouses, parents of the same child whether or not they ever married, and a foster child and foster parent, whether or not they live together
Household	71.005	People living together in the same dwelling, whether or not they are related
Member of a household	71.006	Includes a person who previously lived in a household
Dating relationship	71.0021(b)	People who have or have had a continuing relationship of a romantic or intimate nature, based on its length, its nature, and the frequency and type of interaction

Two details catch people off guard. A former roommate can be a member of a household under Section 71.006. And an ex you share a child with counts as family under Section 71.003 even if you never married or lived together.

Why isn’t family violence one crime?

Because the definition has to attach to something. Chapter 71 of the Family Code defines terms for the protective order title of that code. Other statutes then borrow those definitions:

• Penal Code Section 22.01 makes bodily injury assault a Class A misdemeanor, and raises it to a felony in some situations when the relationship is described by Sections 71.0021(b), 71.003 or 71.005. That’s the charge most people mean by assault family violence.
• Penal Code Section 25.11 makes two or more assaults causing bodily injury within 12 months a third degree felony, called continuous violence against the family.
• Code of Criminal Procedure Article 17.292 lets a magistrate issue an emergency protective order after an arrest for an offense involving family violence.
• Code of Criminal Procedure Article 42.013 requires the judge to enter an affirmative finding of family violence in the judgment when the court determines a Title 5 offense involved it.

So two people can be charged with different offenses, in different courts, with the same label attached. That’s why the first thing we read is the charging paperwork, not the headline.

Does dating violence have its own test?

Yes. Section 71.0021 has its own wording. Dating violence is an act, other than a defensive measure to protect oneself, against someone you have or had a dating relationship with, or against someone because of their marriage to or dating relationship with a person you are or were in a relationship with. The act must be intended to result in physical harm, bodily injury, assault or sexual assault, or be a threat that reasonably places the person in fear of those things.

Whether a dating relationship existed is a factual question, based on the length and nature of the relationship and how often and how you interacted. The statute also says what doesn’t qualify: a casual acquaintanceship or ordinary fraternization in a business or social context. In a close case, that can be a real issue.

Is the federal definition the same?

No. Federal firearm law uses its own term, misdemeanor crime of domestic violence, and its own list of relationships. It looks at whether the offense has as an element the use or attempted use of physical force or the threatened use of a deadly weapon, and at whether the relationship is one the federal statute lists. A Texas label doesn’t settle that question either way. We cover it in firearms after a domestic violence conviction. Immigration law has yet another definition, covered in what a domestic violence conviction means for non-citizens.

What should you do with this?

If you’re facing a family violence accusation, read your paperwork for the actual offense and the actual section number. Don’t explain the relationship or the events to anyone but your attorney. Save your messages, photos and videos, and don’t contact the other person if an order or bond condition prohibits it.

Then talk to someone who does this every day. Chiles McGuire Criminal Law handles family violence and domestic violence cases from our office in McKinney and throughout Collin County. The consultation is free, and what you pay at the start covers all legal services, including a trial, for each case. Call us at 214-628-7292.