Domestic violence is the use of force in various domestic situations that threatens or causes a bodily harm or causes any sort of physical contact the other individual might regard as proactive or offensive. Texas recognizes three crimes of domestic violence: continuous violence against the family, domestic assault, and aggravated domestic assault.
Different acts of violence constitute domestic violence if the actions were committed to a household member, a family member, or someone the offender dated in the past or is currently dating, including;
- A former or a current spouse
- A kid of former or current spouse
- An individual with whom the offender has a kid or kids
- A foster parent or a foster child of the offender
- A person with whom the offender lives
- Family member associated with the offender by adoption, marriage, or blood.
Here are the types of domestic violence according to the Texas domestic violence law.
Domestic assault
You’re considered guilty of domestic assault if you assault a household member, a family member, or a past or current dating partner. An assault charge consists of the following.
- Knowingly or recklessly causing a bodily harm to another person
- Intentionally threatening the other person with an imminent bodily harm
- Intentionally causing any physical contact that you, the offender, knows the victim will find offensive or proactive.
Note that a domestic assault is considered as a Class A misdemeanor if you (defendant) has no previous domestic assault convictions. In case you have previous domestic violence convictions, the crime is considered a third-degree felony. If you’re facing any of these charges, consider hiring a competent Collin County domestic violence lawyer to help you understand your charges represent you in court.
Aggravated domestic assault
You’re considered guilty of aggravated domestic assault if you commit an aggravated assault against your family member, spouse, or a romantic partner. Your actions may be considered an aggravated assault if you intentionally or recklessly cause a bodily harm to another person. Besides, using or exhibiting a deadly weapon in the process of committing an assault crime is considered an aggravated assault crime.
If you commit an aggravated domestic assault using a deadly weapon resulting in a serious bodily harm to the victim, the assault is considered a first-degree felony. All other aggravated domestic assault crimes are a second-degree felony.
Continued violence against the family
In addition to domestic assault and aggravated domestic assault crimes, you can be convicted of a continuous crime against your family if you commit two or more domestic assaults within one year. You can be convicted of this crime even if the assault did not result in a conviction or arrest. You may also be convicted even if the two or more assaults were not committed against the same person. The crime is often considered a third-degree felony.
It’s worth noting that any criminal conviction becomes part of your criminal record. If you’re convicted of domestic violence, you can lose your right to own a firearm and probably become ineligible for specific types of education financial assistance.