Texas Domestic Violence Laws: Penalties, Protective Orders and Common Penal Code Offenses
Short answer
Yes. Assault against a family or household member is a crime in Texas under Penal Code § 22.01, and it becomes a third-degree felony for strangulation or a prior family violence conviction. Violating a protective order is a separate crime under Penal Code § 25.07.
Last verified October 27, 2026 against current Texas law
Texas domestic violence laws do not live in one statute. Family violence is defined in the Family Code, charged under the Penal Code, and backed by protective orders that carry their own penalties. This guide explains how those pieces fit together, what changed in 2025, and answers common Penal Code questions from hazing to the death penalty.
| Main definition | Family Code § 71.004 covers family violence, including dating violence |
|---|---|
| Basic charge | Assault causing bodily injury: Class A misdemeanor, up to 1 year in jail and a $4,000 fine |
| Felony triggers | Strangulation, or a prior family violence conviction: third-degree felony, 2 to 10 years |
| Repeat acts | Penal Code § 25.11: two or more assaults in 12 months or less is a third-degree felony |
| Protective order violation | Penal Code § 25.07: Class A misdemeanor unless a felony enhancement applies |
| Who decides on charges | The prosecutor, not the person who was hurt |
| Latest changes | Several bills took effect September 1, 2025, including HB 2073, HB 2492 and SB 2196 |
What counts as family violence under Texas law?
Family violence means an act by one family or household member against another that is meant to cause physical harm, bodily injury, assault or sexual assault, or a threat that puts the person in fear of that harm. Dating violence and abuse of a child in the household are included. That definition is in Family Code § 71.004.
The relationship is broad. It reaches spouses, parents and children, roommates and dating partners.
Texas domestic violence laws: penalties for assault
Texas does not have a stand-alone crime called domestic violence. Prosecutors use the assault statute and flag the case as family violence. The level of the charge depends on the injury and the history between the two people.
| Offense | Statute | Level | Punishment |
|---|---|---|---|
| Assault causing bodily injury, family member | Penal Code § 22.01(a)(1) | Class A misdemeanor | Up to 1 year in jail, $4,000 fine |
| Threat of imminent bodily injury | Penal Code § 22.01(a)(2) | Class C misdemeanor | Fine up to $500 |
| Assault with strangulation, or with a prior family violence conviction | Penal Code § 22.01(b)(2) | Third-degree felony | 2 to 10 years, $10,000 fine |
| Family member, prior conviction and strangulation together | Penal Code § 22.01(b-3) | Second-degree felony | 2 to 20 years, $10,000 fine |
| Two or more assaults within 12 months | Penal Code § 25.11 | Third-degree felony | 2 to 10 years, $10,000 fine |
| Stalking | Penal Code § 42.072 | Third-degree felony | 2 to 10 years; second-degree with a prior stalking conviction |
Strangulation under Texas law means impeding someone’s normal breathing or blood circulation by pressure on the throat or neck, or by blocking the nose or mouth. No visible injury is required for that part of the statute to apply, which is why it is often the factor that moves a case from misdemeanor to felony.
Can the victim drop domestic violence charges in Texas?
No. In Texas the state brings the charge, so the county or district attorney decides whether to prosecute. A victim can tell the prosecutor they do not want to go forward, but that does not end the case.
Protective orders in Texas: types, length and penalties
A protective order is a court order that bars one person from hurting, threatening, contacting or going near another. Texas uses several kinds.
Emergency protective order after an arrest
After an arrest for family violence, a magistrate can issue an order for emergency protection under Code of Criminal Procedure art. 17.292. The magistrate must issue one when the case involves serious bodily injury or a deadly weapon. These orders can bar contact and gun possession. Since SB 2196 took effect on September 1, 2025, an emergency order lasts at least 61 days and up to 91 days, or 91 to 121 days when a deadly weapon was used or exhibited.
Family violence protective order
A court can issue a longer order after a hearing under Family Code chapter 85. Under Family Code § 85.025, it lasts up to two years unless the court finds the abuser committed a family violence felony, caused serious bodily injury, or was the subject of two or more earlier protective orders for the same person, each after a finding of family violence. In those cases the order can run longer than two years.
Violating the order
Violating a protective order or a bond condition is a Class A misdemeanor under Penal Code § 25.07. It becomes a state jail felony in some situations: violating a protective order issued after the person’s conviction or deferred adjudication for an offense against the protected victim, or, since September 1, 2025, violating an order or bond condition while possessing a deadly weapon. It becomes a third-degree felony with two or more prior convictions under § 25.07 or § 25.072, or when the violation includes an assault or stalking. An officer investigating a violation may not arrest the protected person.
Guns after a family violence charge
Texas bars gun possession in two ways. Someone convicted of a Class A misdemeanor assault on a family or household member cannot possess a firearm until five years after release from jail or community supervision, and anyone subject to a protective order cannot possess one while the order is in effect. Both are Class A misdemeanors under Penal Code § 46.04.
Federal law is stricter in one way: a misdemeanor domestic violence conviction can carry a lifetime federal gun ban under 18 U.S.C. § 922(g)(9). See our guide to Texas gun laws for who may legally own and carry a firearm.
What changed for family violence cases in 2025
| Bill | What it does | Effective |
|---|---|---|
HB 2073 | Makes violating a protective order or bond condition while possessing a deadly weapon a state jail felony, and raises repeated violations to a second-degree felony if one was that offense | September 1, 2025 |
HB 2492 | Makes the four-hour hold after bond mandatory for certain family violence arrests when there is probable cause that violence will continue | September 1, 2025 |
HB 793 | Requires courts, on request, to keep protective order applicants’ addresses and phone numbers confidential | September 1, 2025 |
SB 2196 | Lengthens emergency protective orders after a family violence arrest to 61 to 91 days (91 to 121 with a deadly weapon) | September 1, 2025 |
If you are arrested or need protection
Courts usually set no-contact conditions at the first appearance. Answering a text from the other person can break them, even if that person invites contact. If the couple is married, family violence can also matter in a divorce; see our guide to Texas divorce laws.
If you are the one who was hurt, call 911 in an emergency. You can also ask the county or district attorney’s office about a protective order and victim services.
Common Texas Penal Code offenses people ask about
Is sodomy illegal in Texas?
No, in practice. Texas still has Penal Code § 21.06 on the books, which makes sex between two people of the same sex a Class C misdemeanor. The U.S. Supreme Court struck it down in Lawrence v. Texas (2003), so it cannot be enforced. A bill to repeal it, HB 1738, passed the House in 2025, but the Senate never acted on it. Sex without consent is a different crime, covered by the sexual assault statute.
Is doxxing illegal in Texas?
Yes, in some forms. Penal Code § 42.074 makes it a Class B misdemeanor to post a person’s home address or phone number on a publicly accessible website with intent to harm or threaten that person or a family member. It becomes a Class A misdemeanor if the posting results in bodily injury to the person or a family or household member.
Is hazing illegal in Texas?
Yes. Hazing is a crime under Education Code §§ 37.151 to 37.157. Hazing is a Class B misdemeanor, a Class A misdemeanor if it causes serious bodily injury, and a state jail felony if the hazing causes a death. An organization that condones hazing faces a fine of $5,000 to $10,000 under Education Code § 37.153.
Is ding dong ditching illegal in Texas?
Texas has no offense by that name, but it can still lead to a charge. Stepping onto private property after a clear no trespassing sign, or after being told to stay off, is criminal trespass, a Class B misdemeanor under Penal Code § 30.05.
Is prank calling illegal in Texas?
Yes, when the calls are meant to harass. Under Penal Code § 42.07, making a phone ring repeatedly, calling repeatedly in a way likely to harass, or not hanging up when asked are Class B misdemeanors. A fake report of a fire, bomb or other emergency falls under Penal Code § 42.06, a Class A misdemeanor, or a state jail felony when the false report involves a school, college or a public service.
What are sex offenders not allowed to do in Texas?
Rules vary by offense and by supervision conditions, but Code of Criminal Procedure chapter 62 sets the registration system, which is what people mean when they ask about Megan’s Law in Texas. Registration lasts ten years after the sentence ends for many offenses, and for life for others. A registrant must notify law enforcement when moving, cannot live on a college campus unless approved and low risk, and must notify a school office before entering school grounds. Registrants whose offense involved a child victim also cannot, for pay, operate a bus, run a taxi or limousine service, work unsupervised in someone else’s home, or operate an amusement ride.
Is it illegal to be homeless in Texas?
No. Being homeless is not a crime, but camping in a public place without permission is. Penal Code § 48.05 makes it a Class C misdemeanor, with a fine up to $500. Before issuing a citation, an officer must make a reasonable effort to tell the person where they may lawfully camp, unless there is an imminent safety threat.
Is the death penalty legal in Texas?
Yes. Texas law allows a death sentence for capital murder under Penal Code § 19.03, with the sentencing process in Code of Criminal Procedure art. 37.071. The Texas Department of Criminal Justice, in a schedule updated October 8, 2026, lists executions set for November 12 and November 19, 2026.
What is the law of parties in Texas?
It makes you responsible for a crime someone else commits if you help them do it. Under Penal Code § 7.02, that includes soliciting, encouraging, directing or aiding another person with intent to promote the offense. This is why a getaway driver can face the same charge as the person who committed the crime.
Myths vs. facts
| Myth | Fact |
|---|---|
| “It is only domestic violence if there is a visible injury.” | Threats and strangulation can be charged without visible marks, and a bodily injury charge only requires physical pain. |
| “The victim can drop the charges.” | Only the prosecutor, with the judge’s consent, can dismiss a case. |
| “The other person invited me over, so the protective order does not count.” | The order binds the person it restricts. The protected person cannot waive it. |
| “Texas still enforces its sodomy law.” | Section 21.06 remains in the code but cannot be enforced after Lawrence v. Texas. |
| “Homelessness is illegal.” | Camping in a public place without consent is the offense, not being homeless. |
Frequently asked questions
Is domestic violence a felony in Texas?
It can be. A first assault causing bodily injury against a family member is usually a Class A misdemeanor. It becomes a third-degree felony if it involves strangulation or the person has a prior family violence conviction, and two assaults within 12 months can be charged as continuous violence against the family under Penal Code § 25.11.
How long does a protective order last in Texas?
A family violence protective order lasts up to two years under Family Code § 85.025. A court can set a longer term if the abuser committed a family violence felony, caused serious bodily injury, or was the subject of two or more earlier orders for the same person, each after a family violence finding. Emergency orders after arrest are much shorter.
What happens if you violate a protective order in Texas?
The first violation is usually a Class A misdemeanor, with up to one year in jail and a $4,000 fine. A violation that includes an assault or stalking, or one by a person with two prior convictions for violating such orders, is a third-degree felony. The protected person cannot be arrested for the violation.
Can police arrest for family violence without a warrant?
Yes. A Texas peace officer can arrest without a warrant when there is probable cause that a family violence offense occurred. Officers often arrest on the spot, even if the injured person asks them not to, and the 2025 hold law can keep the arrested person in custody for four hours after bond is posted.
Is a threat enough to be charged in a family violence case?
Yes. A threat of imminent bodily injury is a Class C misdemeanor under Penal Code § 22.01(a)(2), with a fine up to $500. A threat made in a way likely to alarm can also be charged as harassment under § 42.07, and contact that breaks a protective order can be charged under § 25.07.
What changed on this page
October 27, 2026: Verified against current Texas law. Covers assault penalties, protective orders, the 2025 family violence bills that took effect September 1, 2025, and common Penal Code questions from doxxing to the death penalty.
If this affects you: if you are in danger, call 911. If you were charged with family violence, speak with a Texas-licensed criminal defense attorney before your first court date, because bond and no-contact conditions start immediately. If you need a protective order, a Texas-licensed family law attorney or your county or district attorney’s victim services office can explain the process. This guide is general legal information, not advice for your situation. See more in our everyday life and property rights guides, read how we research every guide in our editorial policy, or report an error.
