Mise à niveau vers Pro

Are Domestic Violence and Domestic Battery the Same in Texas?

In Texas, domestic violence and domestic battery are related legal concepts, but they are not exactly the same. Domestic violence is a broad legal category that includes a range of abusive behaviors in a domestic setting. Domestic battery, while not a specific legal term used in Texas statutes, is commonly understood to refer to physical violence that results in bodily injury.

All domestic battery is a form of domestic violence, but not all domestic violence involves battery.

Understanding this distinction is crucial because Texas law imposes enhanced penalties for crimes involving family or household members. If you are facing allegations of either offense, a qualified Frisco criminal lawyer can help protect your rights and guide you through the legal process.

Differences Between Domestic Violence and Domestic Battery in Texas

Domestic Violence:

Texas law defines domestic violence broadly. It encompasses:

  • Physical abuse

  • Emotional and psychological abuse

  • Threats of harm

  • Sexual assault

  • Stalking

  • Aggravated assault

These acts must be committed against a family member, household member, or someone with whom the accused has or had a dating relationship.

Domestic Battery:

Although the term “domestic battery” is not specifically used in the Texas Penal Code, it refers to assault causing bodily injury to a domestic partner or family member. Examples include:

  • Slapping

  • Hitting

  • Pushing

  • Punching

These acts fall under Texas assault statutes and are treated more seriously when classified as family violence.

Special Enhancements for Domestic Battery in Texas:

Texas law includes specific enhancements for domestic battery cases, making the consequences significantly more severe than for non-domestic assault:

1. Family Violence Finding:

A conviction may result in a “family violence” finding on your record, which:

  • Becomes a permanent mark

  • Affects firearm ownership rights under state and federal law

  • May impact child custody, employment, and housing

2. Repeat Offenders:

  • A second conviction can lead to a third-degree felony

  • Punishable by 2 to 10 years in prison and up to $10,000 in fines

  • “Continuous family violence” (two or more offenses within 12 months) is also charged as a third-degree felony

3. Use of Weapons:

Using a weapon during an assault elevates the offense to aggravated assault, a felony with harsher penalties, including longer prison terms.

4. Strangulation or Suffocation:

  • Automatically classified as a third-degree felony

  • May escalate to a second-degree felony for repeat offenses or aggravating circumstances

  • Penalties of 2 to 20 years in prison or/and up to $10,000 in fines

5. Protective Orders:

An arrest or conviction may lead to a protective order, restricting contact with the alleged victim. These orders can include restrictions on where you can live, who you can contact, and even temporary loss of child custody. Violating such orders can result in additional criminal charges, steep fines, and potential jail time.

If you’ve been accused of domestic violence or domestic battery in Texas, the consequences can be life-altering. Don’t face it alone. An experienced Frisco assault family violence attorney can help you understand the charges, build a strong defense, and work to minimize the impact on your future. Prompt legal guidance can also protect your rights during investigations, court proceedings, and potential plea negotiations.

 

[⚠️ Suspicious Content]
Please enable JavaScript!
¡Por favor activa el Javascript![ ? ]
FaceToshi https://facetoshi.live