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Texas Domestic Violence Laws: Myths vs. Facts

Published on
January 15, 2026

You have seen the headlines and heard the rumors. Texas domestic violence laws are strict, but the internet is full of bad advice. Here are the facts that actually matter.

What “family violence” means in Texas

Texas uses the term family violence to cover incidents between family or household members and people in dating relationships. That can include spouses, former partners, parents and children, roommates, and people who share a child. The law defines bodily injury broadly. Pain that a reasonable person would feel can qualify even when there are no visible marks. Cases that start as domestic assault charges can appear with related allegations like interference with an emergency call, violation of a protective order, or a domestic harassment charge based on messages or calls. The label dv charge is a shorthand many people use, but the exact offense on your citation or complaint controls what the court will consider.

Myths vs. facts

Use this table to separate common online myths from rules that apply in Texas courtrooms.

Myth Fact Why it matters
The victim can drop charges Prosecutors decide whether to file or dismiss Recanting does not automatically end a case. Do not contact the other person to ask for a dismissal.
No visible injuries means no case Bodily injury can be proven with testimony about pain, not only photos The state can rely on 911 audio, body cam, medical notes, and witnesses even without pictures.
A first offense is a slap on the wrist A first domestic abuse charge can lead to jail, fines, and a lasting family violence finding The finding can affect firearms, work, and family law issues for years.
If the other person started it, I cannot be arrested Officers make probable cause decisions at the scene and may arrest either person Self defense is a legal defense, but it must be developed through evidence and presented later.
Protective orders are only civil Violating a protective order is a crime Arrest can follow for calls, texts, social media, or third party contact that the order forbids.
The state needs the victim to testify Cases can proceed with other evidence Statements on 911, medical records, and witnesses can support prosecution.
I can return home if the other person invites me Bond conditions and orders control, not private invitations A friendly text does not change the no contact rule and can create a new offense.
Harassment is not “domestic” Harassment can be domestic when the parties qualify as family or dating Repeated messages can support a domestic harassment charge and can violate a protective order.

What happens after an arrest for a domestic abuse charge

After arrest, you are booked and given initial bond conditions. Courts often issue no contact rules and emergency protective orders at the first appearance. Those rules can limit where you live, who you can text, and whether you can return to the home. Violating the conditions can lead to a new arrest even if the other person says it is fine. The safest path is to follow the written rules until a judge changes them. Meet with a lawyer quickly so you understand the exact charge, possible enhancements, and the specific terms of your bond and any protective order.

Evidence and defense strategy without mistakes

A strong defense starts with preserving what the court will consider credible. Save texts, call logs, and any video from phones or doorbell systems. Get medical records if you were injured and note the names of witnesses who saw what happened before, during, or after the incident. Do not delete messages and do not contact the other party to argue about the facts. Your lawyer may raise self defense, misidentification, or lack of intent, but those defenses work best when supported by clean records and independent witnesses. Early legal help can also keep you away from statements that sound helpful but hurt your case later.

Collateral consequences people miss

A family violence finding can change your life long after court ends. Firearm rights can be restricted under state and federal law. Employers who run background checks may see domestic violence charges or a dv charge and decide not to move forward. Housing providers can deny applications based on certain convictions. Professional licensing boards may ask for disclosures and explanations. If you also have a pending divorce or child custody case, a family violence finding can influence temporary orders and possession schedules. These collateral effects are why a quick plea can backfire. The plan should consider the full picture, not just the immediate court date.

Frequently asked questions

What is the difference between domestic assault charges and domestic violence charges in Texas?

Domestic assault charges are the specific criminal offenses listed in the Penal Code, such as assault causing bodily injury to a family or household member. Domestic violence is the broader phrase people use to describe cases that involve family violence. The precise statute on your paperwork determines penalties and defenses.

Can the alleged victim get my domestic violence charges dropped?

The alleged victim can share their wishes with the prosecutor, but the prosecutor decides whether to proceed. Many cases move forward without the alleged victim’s testimony using other evidence. Do not pressure the other person. That can create new problems.

What happens if I text the other person when a protective order is in place?

You can be arrested for violating the order even if the other person replied or invited the contact. Orders and bond conditions control until a judge changes them. Always get written modifications from the court rather than private agreements.

Is a first dv charge eligible for dismissal or diversion?

Some first time cases resolve with dismissals, reductions, or diversion when the facts and history support it. Outcomes depend on the county, the evidence, and your record. A lawyer can evaluate body cam, 911 audio, medical notes, and witness credibility to see if a better outcome is realistic.

What if I was defending myself or the other person was the aggressor?

Self defense is a legal defense in Texas. It must be supported by facts like injuries, prior threats, witness accounts, or video. Tell your lawyer everything and let them gather the proof rather than arguing the facts with officers or the other party.

We can help

Contact Carroll Troberman, PLLC for a free consultation. Call (512) 478-3800 or request a consultation online.

This article is for informational purposes only. It is not legal advice, and past results do not guarantee future outcomes. Every case turns on its specific facts and the current law.