There is no exact statute or law concerning family member assault, also called domestic violence. Rather, the laws for such incidents fall under the general guidelines of assault. It is deemed “domestic” if the victim is a family member or extended family member, a former spouse, or has a romantic relationship with the perpetrator.
The technical definition of assault according to Texas Penal Code §22.01 is:
- 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
- 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
If you are found guilty of assaulting a family member, you may be ineligible to have a firearm for up to five years after the end of your sentence. And after that, you still may only be permitted to have a gun within the bounds of your house. The charge may also come with a protective order, e.g. a restraining order, which prohibits you from going near the victim for up to two years. Lastly, you may be responsible for covering the legal fees incurred by the victim.
Call an Assault of a Family Member Lawyer
If you are facing domestic violence charges, you will not necessarily be convicted. For instance, charges often rest on accusations by one person without other witnesses or evidence. With the help of an experienced and thorough family assault attorney, you can ensure that the details of the case are brought to the surface and justice is served.