Assault Family Violence

Assault family violence is just a type of assault. It has the same elements as all other assaults. What makes it different is that a judge makes a finding of family violence if the alleged victim was a member of the accused’s household as defined by the Family Code.

The elements are:

•  Intentionally, knowingly, or recklessly causing bodily injury to someone else;
• Intentionally or knowingly threatening someone else with imminent bodily injury;
• Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

Q. What if the alleged victim does not want to prosecute?

If the alleged victim does not want to prosecute, in most cases the District Attorney’s Office will not automatically dismiss the case.

The alleged victim usually has to come to the District Attorney’s Office to complete a form called an affidavit of non-prosecution. The affidavit of non-prosecution says that the alleged victim is aware of what the charges are, does not want to participate in the prosecution, and will not hold the District Attorney’s Office responsible if anything else happens between the accused person and the alleged victim.

After the affidavit of non-prosecution is completed the case will in most cases have to be set for trial. Most District Attorney’s Offices in North Texas will not dismiss a assault family violence case unless the case is set for trial and the alleged victim is uncooperative or does not show up for the trial.

Q. What are the possible penalties for assault family violence case?

If the charge is a first offense for assault family violence it is a class A misdemeanor in most cases. A class A misdemeanor carries a range of punishment of up to 1 year in county jail and/or a fine not to exceed $4,000. This range of punishment can be probated. If probation is granted there will be different conditions of probation. The conditions of probation include no contact with the alleged victim, a batterer’s intervention program, anger management, community service, and reporting to a probation officer once a month.


If the charge is a first offense, but the facts allege that the alleged victim was choked it is a third degree felony. A third degree felony carries a range of punishment of 2-10 years in prison and/or a fine not to exceed $10,000. This range of punishment can be probated.

It is a second degree felony if it is alleged that the alleged victim was choked and the accused has previously been convicted of assault family violence. This range of punishment can be probated. The range of punishment for a second degree felony is 2-20 years in prison and/or a fine not to exceed $10,000. This range of punishment can be probated.

If the charge is the second offense for assault family violence it is a third degree felony.

There is a new offense for continuous violence against the family. This offense is also a third degree felony.

Q. Can an assault family violence conviction be cleared from a criminal record?

No. A criminal record for assault family violence can not be sealed even if the person received deferred adjudication probation.

However, an expungement can be obtained if the case was dismissed or the person was acquitted after trial and the statute of limitations has run.