When most people think about a family violence conviction in Texas, they focus on the immediate penalties: jail time, fines, and probation. But additional consequences can follow you for the rest of your life. A domestic violence conviction can affect your career, your family, your gun ownership rights, and even your ability to remain in the country.
At Cowboy Law Group, our criminal defense attorneys have extensive experience defending clients accused of family violence in The Woodlands, Conroe, and throughout the Greater Houston area. We’ve seen firsthand how a single conviction can derail lives in ways most people never anticipate. Many of our clients are shocked to learn about the hidden penalties that come with a family violence finding and that last long after any jail sentence ends.
What Is Family Violence in Texas?
Under Texas Family Code § 71.004, family violence means an act against a family or household member that is intended to cause physical harm, bodily injury, assault, or sexual assault, or that reasonably places someone in fear of imminent physical harm or bodily injury.
The key factor is the relationship between the people involved. Family violence applies when the alleged victim is:
- A current or former spouse
- Someone you’re dating or have dated
- A family member (by blood, marriage, or adoption)
- Someone you live with or have lived with
- The other parent of your child
Even a simple push, grab, or threatening gesture can be charged as assault with a family violence designation if it involves one of these relationships. This designation transforms what might otherwise be a relatively minor offense into something with far-reaching, lifelong consequences.
What Is the Punishment for Family Violence in Texas?
The penalties for family violence in Texas depend on several factors, including whether you have prior convictions and the severity of the alleged offense.
Misdemeanor Domestic Assault Penalties
Most first-time family violence cases with no aggravating factors are charged as Class A misdemeanor assault. If convicted, you face:
- Up to one year in county jail
- A fine of up to $4,000
- Completion of a state-approved batterer’s intervention and prevention program (typically 12-24 sessions)
- Possible protective orders restricting contact with the alleged victim
- Community service requirements
- Probation terms that may last several years
Even though it’s “just” a misdemeanor, a Class A assault with family violence carries more severe consequences than most other misdemeanors because of the federal and state restrictions that automatically apply.
If the accusation involves threats or “offensive contact” and no injury, the charge can be a Class C misdemeanor, punishable by a fine of up to $500 and no jail time.
Third-Degree Felony: Continuous Family Violence or Strangulation
Charges are elevated to a third-degree felony for “Continuous Family Violence” (Texas Penal Code § 25.11) when someone commits two or more assaults against family members within 12 months. Family violence is also enhanced to a third-degree felony if the assault involved strangulation or impeding someone’s breathing.
A third-degree felony is punishable by two to ten years in prison and a fine of up to $10,000.
Penalties for Aggravated Domestic Assault
Family violence becomes aggravated domestic assault if it involves serious bodily injury or the use/display of a deadly weapon. Serious bodily injury can mean a broken bone, loss of limb, or injury requiring surgery or hospitalization.
In most cases, aggravated domestic assault is charged as a second-degree felony, which carries a possible sentence of two to twenty years in prison and a fine of up to $10,000.
If aggravated domestic assault both involves a deadly weapon and causes serious bodily injury, it becomes a first-degree felony with 5–99 years or life in prison and up to a $10,000 fine.
Additional Consequences of a Family Violence Conviction in Texas
Beyond jail or prison time, a family violence conviction in Texas can trigger serious long-term consequences that impact many areas of a person’s life. It may limit a person’s right to own or possess firearms, affect child custody and visitation rights, threaten professional licenses and careers, and create severe immigration problems for non-citizens.
Lifetime Firearm Ban for Domestic Violence
Under the Lautenberg Amendment to the federal Gun Control Act, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from owning, possessing, or purchasing firearms and ammunition.
The federal gun ownership ban for domestic violence applies if:
- The offense involves the use or threat of physical force or the threatened use of a deadly weapon
- The victim and defendant have a certain relationship (for example, if the offender is a current or former spouse, intimate partner, parent/guardian, or household member).
This ban applies nationwide and cannot be overridden by state law. Even if Texas law may allow firearm possession again after a waiting period, you could still face federal prosecution.
Impact of Family Violence on Child Custody and Divorce
Texas courts treat family violence as a major safety concern, and a conviction creates a strong legal presumption against you in custody cases. The court starts from the assumption that you should not have primary custody, and overcoming that presumption is difficult.
Even if you are not seeking custody, a family violence conviction can sharply limit your time with your children. Courts may order supervised visitation, restrict when and where visits happen, or deny overnight and holiday time altogether. Limited or supervised contact can strain your relationship with your children and cause you to miss important events in their lives.
Impact on Professional Licenses
A family violence conviction can end your career if you work in a licensed profession. Most Texas licensing boards require applicants and current license holders to disclose criminal convictions, including misdemeanors. A family violence conviction raises immediate red flags because it suggests issues with judgment, impulse control, and interpersonal relationships.
Professions at highest risk include:
- Teachers
- Healthcare workers (doctors, nurses, dentists, pharmacists, etc.)
- Attorneys and legal professionals
- Other licensed fields (like real estate agents, accountants).
Even if your license isn’t immediately revoked, you may face strict monitoring, additional reporting requirements, and mandatory counseling.
Employment Barriers
While you might not need a professional license, many employers conduct criminal background checks. A family violence conviction can cost you job opportunities across numerous fields, especially positions that involve security clearances or roles requiring trust and responsibility.
Domestic Violence Conviction and Immigration Status
For non-citizens, a family violence conviction can put their immigration status at serious risk. Under federal immigration law, domestic violence offenses are deportable crimes, and even a misdemeanor can trigger removal proceedings.
A conviction can also derail an application for U.S. citizenship, since immigration officials view domestic violence offenses as strong evidence of a lack of “good moral character.” A family violence conviction can also make a person inadmissible to the United States, meaning they may be denied reentry after traveling abroad.
Housing and Other Challenges
Many landlords conduct background checks and refuse to rent to anyone with a family violence conviction. You may be denied housing, face difficulty finding an apartment, or be limited to less desirable living situations. Even public housing assistance programs may deny your application.
A family violence conviction creates additional obstacles that affect everyday life in ways most people never anticipate. These problems may include:
- Difficulty obtaining credit, loans, or mortgages due to background checks
- Ineligibility for federal benefits, including student financial aid
The ripple effects continue for years. Background checks follow you everywhere.
Our Texas Criminal Defense Attorneys Are Here to Help
A family violence conviction in Texas carries consequences that extend far beyond jail time and fines. You face a lifetime federal firearms ban, potential loss of custody of your children, professional license revocation, and possible deportation if you’re not a U.S. citizen. Even with deferred adjudication, the “affirmative finding of family violence” remains on your record, creating obstacles in housing, employment, and nearly every aspect of your life.
At Cowboy Law Group, our criminal defense attorneys have defended countless clients against family violence allegations in Texas. We understand what’s at stake and fight aggressively to protect your rights and your future. Contact us today for a confidential consultation.
