Assault family violence: bodily injury

What does "bodily injury" mean?

Texas defines bodily injury as physical pain, illness or any impairment of physical condition (Penal Code 1.07). A visible mark is not required. A statement that a push or grab "hurt" can be enough to support the charge, which is why the details matter.

What is the punishment?

Why does the family violence finding matter?

If the court finds the offense involved family violence, the finding goes in the judgment (Code of Criminal Procedure 42.013). It can make a future assault a felony, it blocks nondisclosure (Government Code 411.074), and a conviction carries Texas and federal firearm restrictions.

What should I do now?

Follow your bond conditions, do not contact the alleged victim, save any texts or photos that support your account, and talk to a lawyer before speaking to police or investigators.

Who counts as "family," "household" or "dating"?

The Penal Code borrows these definitions from the Family Code. Family includes people related by blood or marriage, former spouses, and parents of the same child (Family Code 71.003). A household is a unit of people living together in the same dwelling, whether or not related (71.005). A dating relationship is a continuing relationship of a romantic or intimate nature, judged by its length, nature and frequency of interaction (71.0021). A casual acquaintance or ordinary social contact is not a dating relationship.

What is the timeline after an arrest?

1. Booking and magistration within 48 hours, often with an emergency protective order and no-contact bond conditions.
2. Release, followed by the filing of the case in a county criminal court.
3. Court settings for discovery: the 911 recording, body camera video, photos and statements.
4. Negotiation, motions and, if needed, trial before a jury of six.

What happens if I am convicted?

• Family violence finding: the judge must enter an affirmative finding when the evidence shows family violence (Code of Criminal Procedure 42.013).
• Battering intervention program: a common condition of community supervision in these cases (42A.504).
• Firearms: under Texas law, a person convicted of Class A family violence assault may not possess a firearm until the fifth anniversary of release from confinement or supervision (Penal Code 46.04(b)), and federal law adds its own prohibition for qualifying convictions.
• Record sealing: no order of nondisclosure for family violence offenses (Government Code 411.074).
• Enhancement: a later family violence assault can be charged as a felony, and a prior deferred adjudication can count.

Which defenses are commonly raised?

• Self-defense or defense of others (Penal Code 9.31, 9.33)
• No bodily injury, or an accident
• Inconsistent statements, or a motive to fabricate
• Problems admitting statements when the accuser does not testify

Where are these cases heard outside Dallas?

Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I bring to a consultation?

• Bond paperwork and any protective order, with the dates you received them
• Messages, call logs and social media posts from before and after the incident, saved in the original app and as screenshots
• Names of witnesses and anyone who saw or heard part of what happened
• Photos of any injuries you had, and medical records
• Any earlier police reports, court cases or orders involving either person

What is continuous violence against the family?

If the State alleges two or more bodily-injury assaults against family members, household members or dating partners within a period of 12 months or less, it can charge continuous violence against the family, a third-degree felony (Penal Code 25.11). The jury must agree that two or more assaults happened in that period, but it does not have to agree on which specific incidents or exact dates (25.11(b)). Prosecutors sometimes use this charge when two misdemeanor arrests are close in time, so an earlier case can matter to a new one.

Are there other ways a Class A assault becomes a felony?

Yes. Penal Code 22.01(b) lists people against whom a bodily-injury assault is a third-degree felony even without a family relationship. The list includes a public servant performing official duties, emergency services personnel, a security officer on duty, hospital personnel on hospital property and a person the accused knows is pregnant at the time of the offense (22.01(b)(8)). When the alleged victim is a family member and one of these facts is also alleged, the charge can be filed at the felony level from the start.

What does probation usually require in a family violence case?

If a person is placed on community supervision for an offense involving family violence, Code of Criminal Procedure 42A.504 requires the judge to order a $100 payment to a family violence center that serves the county, and allows the court to require an accredited battering intervention and prevention program (BIPP), which must begin within 60 days when ordered. Other conditions often include no contact with the alleged victim. Completing every condition on time matters, because a violation can lead to revocation or adjudication.

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