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What is a family violence finding in Texas?
In short: In a case under Title 5 of the Penal Code, such as assault, the court must enter an affirmative finding of family violence in the judgment if it determines the offense involved family violence (Code of Criminal Procedure 42.013). That finding blocks an order of nondisclosure (Government Code 411.074) and can be used to raise a later assault to a felony.
Where does the finding come from?
Code of Criminal Procedure 42.013 says that in the trial of an offense under Title 5 of the Penal Code (offenses against the person, including assault), if the court determines that the offense involved family violence as defined by Family Code 71.004, the court shall make an affirmative finding of that fact and enter it in the judgment. Family violence under 71.004 covers acts against family members, household members and dating partners.
The finding is mandatory once the judge determines the facts support it. That is why plea negotiations in these cases often focus on the charge itself, for example whether the case is resolved as an offense outside Title 5, rather than only on the sentence.
What does the finding change?
| Area | Effect | Law |
|---|---|---|
| Sealing the record | No order of nondisclosure if the court finds the offense involved family violence, and no nondisclosure for anyone previously convicted of or given deferred adjudication for a family violence offense | Government Code 411.074(b) |
| A later assault | A prior family violence assault can raise a new bodily-injury assault against a family member, household member or dating partner to a third-degree felony | Penal Code 22.01(b)(2)(A) |
| Deferred adjudication | A guilty or no contest plea for deferred adjudication still counts as a prior for that felony enhancement | Penal Code 22.01(f) |
| Firearms (state law) | A Class A family violence assault conviction bars firearm possession until the fifth anniversary of release from jail or community supervision | Penal Code 46.04(b) |
Federal law also bars firearm possession after a misdemeanor crime of domestic violence (18 U.S.C. 922(g)(9)). See will I lose my guns after a family violence charge?
Does deferred adjudication avoid the finding?
Not in the ways that matter most. Even without a final conviction, Government Code 411.074(b)(1)(D) bars nondisclosure for any offense involving family violence for which the person was placed on deferred adjudication, and Penal Code 22.01(f) treats a deferred plea as a prior conviction for enhancement. Read how deferred adjudication works before choosing a plea.
What should I ask about before a plea?
- Whether the plea papers or judgment will include a family violence finding.
- Whether a dismissal, a reduction to a non-assault offense or a pretrial program is realistic in your county.
- How the outcome affects firearms, a professional license and any protective order.
More: assault and family violence defense and continuous violence against the family.
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 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
What is an affirmative finding of family violence in Texas?
A finding the judge must enter in the judgment of a Penal Code Title 5 case, such as assault, when the offense involved family violence as defined by Family Code 71.004 (Code of Criminal Procedure 42.013).
Can I seal a family violence case with nondisclosure?
Generally no. Government Code 411.074 bars nondisclosure when the court finds the offense involved family violence, and for offenses involving family violence that ended in conviction or deferred adjudication.
Does deferred adjudication count as a prior for family violence?
Yes, for felony enhancement of a later assault. Penal Code 22.01(f) treats a guilty or no contest plea for deferred adjudication as a prior conviction.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat 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.