Houston Domestic Violence Attorney
Domestic violence is referred to as family violence in Texas, and instances usually involve people engaging in violent behavior against a family member, household member, or somebody in a dating relationship. Police officers responding to domestic violence calls often feel an inclination to place one person under arrest to guarantee that nobody ends up being harmed.
A family violence arrest can create a number of difficult situations for any family, but domestic violence charges can also have a big impact on a pending divorce. A family violence conviction could lead to possible loss of child custody, impact division of marital property, and lead to emergency protection orders being issued against an alleged offender.
“At The Sparrow Law Firm, PLLC, we recognize that
each case is uniquely different.”
Did you need help with a divorce involving family violence in the Greater Houston area? It will be important for you to contact The Sparrow Law Firm, PLLC, to discuss what options you might have.
Our firm is committed to helping people get their divorces finalized with as little complication as possible. We will be able to examine your case and answer all of your legal questions when you call 281-973-0431 or contact us online to set up a free consultation.
Texas Family Code § 71.003 establishes that the term family includes individuals related by consanguinity or affinity, as determined under Texas Government Code § 573.022 and Texas Government Code § 573.024, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Under Texas Government Code § 573.022, two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose.
Texas Government Code § 573.024 states that two individuals are related to each other by affinity if they are married to each other; or the spouse of one of the individuals is related by consanguinity to the other individual. The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives, and this applies to a member of the board of trustees of or an officer of a school district only until the youngest child of the marriage reaches the age of 21 years.
Under Texas Family Code § 71.004, family violence is defined as an act by a member of a family or household against another member of the family or household 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, but does not include defensive measures to protect oneself; abuse, as that term is defined by Texas Family Code § 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or dating violence, as that term is defined by Texas Family Code § 71.0021.
Under Texas Family Code § 261.001(1), abuse is defined in the relevant sections as including the following acts or omissions by a person: physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; sexual conduct harmful to a child’s mental, emotional, or physical welfare, including conduct that constitutes the offense of continuous sexual abuse of young child or children under Section 21.02, Penal Code, indecency with a child under Texas Penal Code § 21.11, sexual assault under Texas Penal Code § 22.011, or aggravated sexual assault under Texas Penal Code § 22.021,; compelling or encouraging the child to engage in sexual conduct as defined by Texas Penal Code § 43.01, including compelling or encouraging the child in a manner that constitutes an offense of trafficking of persons under Texas Penal Code § 20A.02(a)(7) or (8), prostitution under Texas Penal Code § 43.02(b), or compelling prostitution under Texas Penal Code § 43.05(a)(2); causing, permitting, encouraging, engaging in, or allowing the photographing, filming, or depicting of the child if the person knew or should have known that the resulting photograph, film, or depiction of the child is obscene as defined by Texas Penal Code § 43.21, or pornographic; the current use by a person of a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child; causing, expressly permitting, or encouraging a child to use a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code; causing, permitting, encouraging, engaging in, or allowing a sexual performance by a child as defined by Texas Penal Code § 43.25; and forcing or coercing a child to enter into a marriage.
Texas Family Code § 71.0021 defines dating violence as an act, other than a defensive measure to protect oneself, by an actor that:
● is committed against a victim or applicant for a protective order with whom the actor has or has had a dating relationship; or because of the victim’s or applicant’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
● is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
A “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of the length of the relationship; the nature of the relationship; and the frequency and type of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a “dating relationship.”
Domestic Violence Crimes
When people are arrested for family violence crimes, they could face a number of different charges. Some of the possible criminal charges in a domestic violence case may include:
● Domestic Assault – Under Texas Penal Code § 22.01, a person commits a domestic assault if they intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. While assault is typically a Class A misdemeanor, the offense becomes a third-degree felony if the person whose relationship to or association with the alleged offender is described by Texas Family Code § 71.0021(b), 71.003, or 71.005, if it is shown on the trial of the offense that the alleged offender has been previously convicted of an offense under this chapter, Chapter 19, or Texas Penal Code § 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), 71.003, or 71.005; or the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth. Domestic assault is a second-degree felony if the offense is committed against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), 71.003, or 71.005; it is shown on the trial of the offense that the alleged offender has been previously convicted of an offense under this chapter, Chapter 19, or Texas Penal Code § 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), 71.003, or 71.005; and the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.
● Aggravated Domestic Assault – Texas Penal Code § 22.02 establishes that a person commits aggravated domestic assault if they commit assault as defined in Texas Penal Code § 22.01 and cause serious bodily injury to another, including the person’s spouse; or use or exhibit a deadly weapon during the commission of the assault. This is a second-degree felony but can become a first-degree felony if the alleged offender uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), 71.003, or 71.005; regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed by a public servant acting under color of the servant’s office or employment; against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or the alleged offender is in a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle; is reckless as to whether the habitation, building, or vehicle is occupied; and in discharging the firearm, causes serious bodily injury to any person.
● Continuous Violence Against the Family – Under Texas Penal Code § 25.11, a person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Texas Penal Code § 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), 71.003, or 71.005. If the jury is the trier of fact, members of the jury are not required to agree unanimously on the specific conduct in which the defendant engaged that constituted an offense under Texas Penal Code § 22.01(a)(1) against the person or persons described by Subsection (a), the exact date when that conduct occurred, or the county in which each instance of the conduct occurred. The jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Texas Penal Code § 22.01(a)(1) against the person or persons described by Subsection (a). An alleged offender may not be convicted in the same criminal action of another offense the victim of which is an alleged victim of the offense under Subsection (a) and an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense is charged in the alternative; occurred outside the period in which the offense alleged under Subsection (a) was committed; or is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). An alleged offender may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed against a single victim or members of the same household, as defined by Texas Family Code § 71.005. This crime is a third-degree felony.
● Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case – Texas Penal Code § 25.07 states that a person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012, 22.021, or 42.072; communicates directly with a protected individual or a member of the family or household in a threatening or harassing manner; a threat through any person to a protected individual or a member of the family or household; or in any manner with the protected individual or a member of the family or household except through the person’s attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; goes to or near any of the following places as specifically described in the order or condition of bond the residence or place of employment or business of a protected individual or a member of the family or household; or any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; possesses a firearm; harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; or removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system. Possession of a pet, companion animal, or assistance animal by a person means actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver. An offense under this section is a Class A misdemeanor, except the offense is a state jail felony if it is shown at the trial of the offense that the alleged offender violated an order issued as a result of an application filed under Article 7A.01(a-1), Code of Criminal Procedure; or a third-degree felony if it is shown on the trial of the offense that the alleged offender has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or has violated the order or condition of bond by committing an assault or the offense of stalking.
● Violation of Protective Order Preventing Offense Caused by Bias or Prejudice – Under Texas Penal Code § 25.071, a person commits an offense if, in violation of an order issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, the person knowingly or intentionally commits an offense under Title 5 or Section 28.02, 28.03, or 28.08 and commits the offense because of bias or prejudice as described by Article 42.014, Code of Criminal Procedure; communicates directly with a protected individual in a threatening or harassing manner; a threat through any person to a protected individual; or in any manner with the protected individual, if the order prohibits any communication with a protected individual; or goes to or near the residence or place of employment or business of a protected individual. An offense is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted under this section two or more times or has violated the protective order by committing an assault, in which event the offense is a third-degree felony.
● Repeated Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case – Texas Penal Code § 25.072 establishes that a person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Texas Penal Code § 25.07. If the jury is the trier of fact, members of the jury must agree unanimously that the defendant, during a period that is 12 months or less in duration, two or more times engaged in conduct that constituted an offense under Texas Penal Code § 25.07. An alleged offender may not be convicted in the same criminal action of another offense an element of which is any conduct that is alleged as an element of the offense under Subsection (a) unless the other offense is charged in the alternative; occurred outside the period in which the offense alleged under Subsection (a) was committed; or is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a). An alleged offender may not be charged with more than one count under Subsection (a) if all of the specific conduct that is alleged to have been engaged in is alleged to have been committed in violation of a single court order or single setting of bond. An offense is a third-degree felony.
Convictions in these cases could carry the following penalties:
● Class A Misdemeanor – Up to one year in jail and/or a fine of up to $4,000
● State Jail Felony – Up to two years in state jail and/or a fine of up to $10,000
● Third-Degree Felony – Up to 10 years in prison and/or a fine of up to $10,000
● Second-Degree Felony – Up to 20 years in prison and/or a fine of up to $10,000
● First-Degree Felony – Up to 99 years or life in prison and/or a fine of up to $10,000
Texas Domestic Violence Resources
AVDA (Aid to Victims of Domestic Abuse) – AVDA is a nonprofit organization that has served the Houston community for 40 years with the mission to end family violence by advocating for the safety and self-determination of victims, promoting accountability for abusers and fostering a community response to abuse. Visit this website to learn more about its philosophy, clients and leadership. You can also find more information on community outreach, youth abuse prevention, and fact sheets.
Houston Area Women’s Center – Since 1977, the Houston Area Women’s Center has worked relentlessly to help survivors affected by domestic and sexual violence build lives free from the effects of violence. It now has 115 paid staff, a counseling and administrative building, a residential shelter for 120 women and children, a state-of-the-art hotline call center and over 1,000 active volunteers. Read recent news and learn about upcoming events.
“We Fight For Meaningful Results To Protect Your Rights”
Ikaha M. Sparrow
Contact A Domestic Violence Lawyer In Houston | The Sparrow Law Firm, PLLC
If you need help with a divorce involving family violence in the Houston area, it will be important for you to retain legal counsel as soon as possible. Make sure that you speak to The Sparrow Law Firm, PLLC, about what you are going through and what kinds of help you will need.
Our firm works closely with victims of domestic violence and can take all of the steps necessary to make sure that these individuals are able to get some measure of justice. Call 281-973-0431 or contact us online today to let us really discuss your case with you during a free consultation.