Are Domestic Violence and Domestic Battery the Same in Texas? 

 Posted on December 04, 2024 in Family Violence

In Texas, domestic violence and domestic battery are closely related but not exactly the same. The term "domestic violence" serves as a broad category that includes various behaviors within a domestic relationship, while "domestic battery" specifically refers to physical contact that causes physical injury. In other words, all domestic battery is domestic violence; not all domestic violence is domestic battery.

Understanding the distinction is important, as the penalties for offenses involving family or household members are often more severe due to special enhancements under Texas law. If you are facing accusations of domestic violence or domestic battery, knowing your rights and the legal implications could make a difference for your future. An experienced Texas criminal defense attorney can help you navigate the complexities of these charges and work to protect your interests.

Differences Between Domestic Violence and Domestic Battery in Texas

Domestic Violence

Domestic violence covers a wide range of abusive behaviors, including physical, emotional, and psychological abuse. It also includes offenses such as assault, aggravated assault, sexual assault, stalking, and threats made against family or household members.

Domestic Battery

Domestic battery refers specifically to assault involving physical contact that results in bodily injury to another person. Examples include hitting, slapping, pushing, or any other intentional act that causes physical harm.

Though Texas law does not use the term "domestic battery" explicitly, such conduct is prosecuted under assault statutes, with enhancements for cases involving family or household members.

Special Enhancements for Domestic Battery in Texas

Domestic battery offenses involving family violence are treated with heightened severity under Texas law due to the relationship between the accused and the victim. Special enhancements may apply in these cases, increasing the penalties:

• Family Violence Finding: If convicted, the court may issue a "family violence" finding, which permanently marks the offense on the defendant’s criminal record. This designation can lead to severe consequences, including restrictions on firearm ownership under both state and federal law.

• Repeat Offenders: A second conviction for domestic battery can elevate the charge to a third-degree felony, punishable by two to 10 years in prison and fines of up to $10,000. Continuous violence against the family, involving two or more acts of family violence within a 12-month period, is charged as a third-degree felony, regardless of whether the victim is the same person in each act.

• Use of Weapons: If a weapon is used during the offense, the charge may be elevated to aggravated assault, which is a felony with much harsher penalties, including longer prison sentences.

• Strangulation or Suffocation: Assault involving strangulation or suffocation is automatically treated as a third-degree felony, and it may be enhanced to a second-degree felony if there are prior convictions or other aggravating factors. Second-degree felonies carry penalties of two to 20 years in prison and fines of up to $10,000.

• Protective Orders: A conviction or even an arrest for domestic battery may result in the court issuing a protective order. Violating this order can lead to additional criminal charges and penalties, including jail time.

Contact a Collin County, TX Domestic Assault Defense Lawyer at 469-333-3333

Whether allegations include any kind of domestic violence or specifically domestic assault, these cases are taken very seriously by prosecutors, especially when special enhancements apply.

If you or a loved one is facing allegations of domestic violence or domestic battery, contact a skilled Frisco, TX criminal defense attorney with Law Offices of Biederman & Burleson P.L.L.C., where we can provide the guidance you need to build a strong defense. Call 469-333-3333 for a free consultation.