What Are the Penalties for Domestic Violence?
By Nathaniel Pitoniak on September 3rd, 2025 in Domestic Violence
Domestic violence charges in Texas carry serious consequences that can affect every part of a person’s life. When someone is arrested for alleged domestic violence in Houston, the legal system treats the matter with urgency and severity. What are the penalties for domestic violence becomes the first question many people ask after such an arrest.
If you or someone close to you is accused, the situation can bring worry, stress, and uncertainty about the future. Acting quickly to secure legal help can make a significant difference. Contacting a knowledgeable domestic violence defense attorney near you for a confidential consultation can help protect your rights and give you a clear understanding of your options.
What Constitutes Domestic Violence in Texas?
Domestic violence in Texas occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person in a protected relationship. It also includes threats that cause someone to fear imminent harm, as well as offensive or provocative physical contact.
This can apply to spouses, former spouses, people who share children, dating partners, roommates, or family members by blood, marriage, or adoption.
Texas Penal Code Section 22.01 – Assault Family Violence
Texas Penal Code Section 22.01 covers assault offenses, including those categorized as family violence. Under this law, a person commits assault if they cause bodily injury, threaten bodily injury, or make physical contact they know or should know will be considered offensive. When these actions involve a protected relationship, the offense falls under family violence laws.
Penalties vary depending on the severity of the harm, the defendant’s criminal history, and whether certain aggravating factors are present.
Protected Relationships Under Texas Law
Texas law applies domestic violence provisions to many types of relationships, including:
- Current or former spouses
- Parents of the same child
- Individuals in a current or past dating relationship
- Relatives by blood, marriage, or adoption
- Current or former household members
This broad scope means domestic violence charges can arise in situations involving more than just married couples.
What Are the Criminal Penalties for Domestic Violence in Texas?
Domestic violence penalties in Texas depend on the facts of the case, the accused person’s prior criminal history, and whether aggravating factors are present. Even a misdemeanor conviction can create a permanent criminal record that affects housing, employment, and personal relationships. Judges and prosecutors take these cases seriously, especially when they involve repeat offenders or serious harm to the alleged victim.
Texas law allows for charges ranging from Class C misdemeanors to first degree felonies. The severity often increases when prior convictions exist, when the alleged act involves choking or suffocation, or when the alleged victim is pregnant or a child. Sentences can include jail or prison time, probation, fines, mandatory counseling, and community service. In many cases, the law also imposes collateral consequences such as loss of firearm rights.
Below are the primary levels of criminal penalties for domestic violence in Texas.
Class C Misdemeanor Penalties
A Class C misdemeanor charge applies when the allegation involves a threat of harm or offensive contact that does not result in physical injury.
- Example: Telling a partner “I’m going to hurt you” during an argument, or pushing them in a way that causes offense but no injury.
- Possible penalties: A fine of up to $500 and no jail time.
- Additional consequences: Even without jail, the record of the conviction remains and may appear in background checks.
While Class C misdemeanors are the lowest-level criminal offenses in Texas, they should not be underestimated. An arrest alone can create complications, and prosecutors sometimes use these charges as part of a plea deal from more serious accusations.
Class A Misdemeanor Penalties
Class A misdemeanor domestic violence involves allegations of bodily injury without aggravating circumstances. The injury does not need to be severe; even minor harm like redness or a bruise can qualify under Texas law.
- Example: Slapping a partner during an argument, leaving visible marks or soreness.
- Possible penalties: Up to one year in county jail and a fine of up to $4,000. Courts may also impose probation, mandatory counseling, and community service.
- Impact of conviction: A Class A conviction for domestic violence triggers a federal firearm ban, even if the court imposes no jail time.
Class A misdemeanors carry serious consequences for anyone with a professional license or security clearance, and convictions generally cannot be removed from a record.
Third Degree Felony Penalties
Texas law elevates domestic violence charges to a third degree felony when aggravating factors exist. Two common reasons for felony classification are prior convictions for domestic violence and allegations of choking or impeding breathing.
- Example: A prior misdemeanor domestic violence conviction followed by a new arrest for pushing a partner into a wall, or grabbing someone’s neck during a dispute.
- Possible penalties: Two to ten years in prison and fines up to $10,000.
- Other consequences: Felony convictions can permanently bar a person from certain careers, affect custody of children, and limit housing options.
Judges often take choking allegations very seriously, as prosecutors argue these acts present a high risk of death or serious injury.
Second Degree and First Degree Felony Penalties
While less common, domestic violence charges can rise to second or first degree felony levels when the alleged conduct involves severe injury, a deadly weapon, or other extreme circumstances.
- Example: Attacking a partner with a weapon, causing broken bones or life-threatening injuries.
- Possible penalties: Two to 20 years in prison and fines up to $10,000 for a second degree felony. Five to 99 years or life in prison and fines up to $10,000 for a first degree felony.
These higher felony levels are rare in domestic violence cases but occur in the most severe situations.
Enhanced Penalties for Repeat Offenses
Texas law imposes harsher penalties for repeat domestic violence offenders. A prior conviction can raise a new charge from a misdemeanor to a felony, even if the new allegation is less severe than the first. Prosecutors often push for maximum penalties in repeat cases, citing a pattern of behavior.
- Example: A Class A misdemeanor from a first incident followed by a new allegation of a slap or push could become a third degree felony.
- Impact: Higher prison terms, steeper fines, and longer probation periods.
Repeat offenders also face stricter probation terms, including more intensive counseling and closer supervision.
Civil Consequences of Domestic Violence Convictions
Criminal penalties represent only part of the picture. A domestic violence conviction can also trigger civil consequences that affect daily life.
Protective Orders and Their Implications
Protective orders are common in domestic violence cases and can be issued even before a conviction. Judges issue these orders to prevent contact between the accused and the alleged victim.
A protective order can:
- Prohibit direct or indirect communication with the protected person.
- Require the accused to stay away from specific locations like the protected person’s home, workplace, or school.
- Remove the accused from a shared home.
- Restrict firearm possession under both Texas and federal law.
Violating a protective order creates a new criminal offense, which can result in additional fines, jail time, and a permanent record. These orders can also affect your ability to attend family events, visit children, or maintain normal routines.
Impact on Child Custody and Visitation Rights
Family courts consider domestic violence convictions when making child custody decisions. A conviction can limit or completely restrict custody and visitation rights. Supervised visitation may be required, and parental decision-making authority may be reduced.
Professional License Consequences
Many professions require licenses that can be suspended or revoked after a domestic violence conviction. Nurses, teachers, real estate agents, and other licensed professionals may face disciplinary actions from their licensing boards.
How Does Texas Handle First-Time Domestic Violence Offenses? 
First-time offenders sometimes have options that avoid a conviction on their record, but these depend on the facts of the case and prosecutorial discretion.
Deferred Adjudication Options
Deferred adjudication allows a judge to postpone entering a conviction. The defendant must meet conditions such as counseling, community service, and probation. Successful completion may prevent a final conviction, although the arrest record will still exist.
Pretrial Diversion Programs
Some counties offer pretrial diversion programs that involve counseling, classes, and other conditions. Successful completion can result in dismissal of charges. However, eligibility is limited and not all cases qualify.
Community Service and Counseling Requirements
Even in cases resolved without jail time, courts often require community service hours and completion of batterers intervention or anger management programs.
Long-Term Consequences Beyond Legal Penalties
A domestic violence conviction has lasting effects beyond fines or prison sentences.
Employment Background Check Issues
Employers often run background checks before hiring. A domestic violence conviction can lead to lost job opportunities, even years after the incident.
Housing and Rental Application Problems
Landlords may deny rental applications based on a criminal record involving domestic violence. This can limit housing options and force individuals to seek less desirable arrangements.
Immigration Status Implications
Non-citizens convicted of domestic violence offenses may face deportation, denial of reentry, or other immigration consequences. Federal law treats these convictions seriously in immigration proceedings.
Gun Rights Restrictions Under Federal Law
Federal law prohibits individuals convicted of misdemeanor domestic violence or subject to certain protective orders from owning or possessing firearms. This restriction applies for life unless rights are restored.
What Defenses Are Available in Domestic Violence Cases?
Defending against domestic violence charges requires a careful review of the evidence and applicable legal defenses.
Self-Defense Claims
If the accused acted to protect themselves from harm, self-defense may apply. The defense must show that the accused reasonably believed force was necessary to prevent injury.
Lack of Evidence or Witness Credibility Issues
Prosecutors must prove guilt beyond a reasonable doubt. Weak evidence, inconsistent statements, or credibility problems with witnesses can lead to acquittals or dismissals.
Constitutional Violations in Evidence Gathering
Police must follow legal procedures when collecting evidence. Violations of constitutional rights, such as unlawful searches or improper interrogations, can result in evidence being excluded.
Mistaken Identity or False Accusations
Disputes, divorces, and custody battles sometimes lead to false allegations. In other cases, the accused may have been misidentified as the perpetrator.
How Can a Criminal Defense Attorney Help? 
A skilled attorney can provide guidance, protect your rights, and work to achieve the best possible outcome.
Case Evaluation and Evidence Review
An attorney reviews police reports, witness statements, and other evidence to identify weaknesses in the prosecution’s case.
Negotiating With Prosecutors
Experienced defense attorneys often negotiate with prosecutors to reduce charges, secure probation, or arrange for dismissal through diversion programs.
Developing Defense Strategies
Each case requires a strategy tailored to the facts. This might involve presenting self-defense claims, challenging witness credibility, or exposing investigative errors.
Protecting Your Rights Throughout the Process
From the first court appearance to the final resolution, an attorney ensures the accused’s rights are respected. Nathaniel Pitoniak, a former Harris County prosecutor, uses his knowledge and resources to seek the best possible results for clients.
Frequently Asked Questions About Domestic Violence Penalties in TX
Will a domestic violence conviction show up on background checks?
Yes, convictions generally appear on criminal background checks.
Can domestic violence charges be expunged from my record?
Most convictions cannot be expunged, but some cases resolved without a conviction may qualify for expunction or nondisclosure.
What happens if the alleged victim wants to drop charges?
Only the prosecutor can dismiss charges. Victim requests may influence the decision but don’t guarantee dismissal.
How long do protective orders last in Texas?
Protective orders often last up to two years, though some can be extended.
Can I lose my job over domestic violence charges?
Yes, employers may terminate employment after an arrest or conviction, especially in positions requiring trust and safety.
What should I do immediately after a domestic violence arrest?
First, exercise your right to remain silent. Do not discuss the details of the incident with law enforcement, family members, or the alleged victim. Anything you say may be used against you.
Second, contact a criminal defense attorney as soon as possible to get advice on how to proceed, including navigating bail and any emergency protective orders.
Does a protective order mean I have to move out of my house?
Yes, if you share a home with the protected person, a common condition of a protective order is a kick-out provision. This provision requires you to leave the residence immediately and not return while the order remains in effect. A judge can order this even if your name is on the lease or mortgage.
What is the difference between “assault” and “assault family violence”?
The underlying action—causing injury, threatening injury, or making offensive contact—is the same for both offenses. The key difference is the relationship between the accused and the alleged victim.
When the act involves a family member, household member, or dating partner, Texas law classifies the offense as “assault family violence.” This classification triggers enhanced penalties and specific collateral consequences, such as the federal firearm ban.
Can I still see my kids if there is a protective order against me?
A protective order often impacts child custody and visitation. The order may suspend your contact with your children or require that all visitation be supervised by a third party. You must follow the specific terms of the order exactly.
An attorney can explain the order’s impact on your parental rights and, in some cases, petition the court to modify the terms to allow for safe contact.
Contact an Experienced Domestic Violence Defense Attorney Now
Domestic violence charges in Texas carry severe penalties and lasting consequences. Quick action and experienced legal help can protect your rights and give you a better chance at a favorable outcome. The Law Office of Nathaniel Pitoniak offers skilled legal representation for individuals accused of domestic violence in Houston and surrounding areas. Contact us today for a confidential consultation to discuss your case and start building your defense.
