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Dating Partners, Roommates and Texas Family Violence
Marriage is not the only relationship relevant to a domestic-assault case.
In short: Texas family-violence law is not limited to married couples. Family Code Chapter 71 defines family, household and dating relationships, and Penal Code 22.01 uses specified relationship definitions for assault enhancements. The relevant relationship must be evaluated separately from the alleged conduct.
Explore this page 11 sections
Do we have to be married or live together?
No. Section 71.0021 describes a continuing romantic or intimate dating relationship, including a relationship the individuals previously had. It calls for consideration of its length, nature, and frequency and type of interaction. Living together is not the only way a relationship can be relevant.
A casual acquaintance or ordinary social or business interaction is excluded from that dating definition. Labels such as “friend” or “ex” do not replace the factual inquiry. Provide counsel an accurate chronology instead of changing a label to fit a preferred legal outcome.
Can roommates count as household members?
Section 71.005 defines a household by people living together in the same dwelling, whether related or not. Section 71.006 includes a person who previously lived in a household in its household-member definition. The exact legal provision being applied still matters; a shared address should be examined with the occupancy facts and dates.
Which family connections are included?
Section 71.003 includes former spouses, parents of the same child and specified foster relationships, in addition to the listed blood and marriage relationships. Being divorced or never having married does not answer the entire question. Counsel should identify which definition the accusation relies on.
What documents can clarify the relationship?
| Question | Records to discuss privately |
|---|---|
| Was there a continuing dating relationship? | Accurate dates and existing communications showing its nature and interactions. |
| Did the people share a household? | Relevant housing records and the actual periods of occupancy. |
| Is a family connection alleged? | The specific relationship and relevant records already lawfully available. |
| Which rule uses the relationship? | The charge, enhancement allegation or protective-order application. |
Does a covered relationship automatically make assault a felony?
No. The relationship is not the entire offense or enhancement. The alleged conduct, mental state, injury and any additional statutory circumstances must be assessed. The distinction between misdemeanor and felony allegations is explained in our family-violence felony guide.
How should I collect information?
Use records you lawfully possess. Do not enter someone else's account, seek private information through impersonation, or violate a no-contact order to establish a timeline. Give your lawyer the facts, including facts that do not support your first impression. Both the relationship allegation and the underlying conduct deserve an evidence-based review.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Must a couple be married for family-violence rules to apply?
No. The statutory definitions also address dating relationships, households and other family connections.
Can unrelated roommates be a household?
Yes. Section 71.005 does not require the people living together to be related.
Does a dating relationship alone make assault a felony?
No. The applicable offense and enhancement require additional elements or circumstances.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.