| Domestic violence is a serious issue in the minds of | | | | law yet it is regarded with such seriousness that it is |
| the citizens of Texas. A 2005 study shows that 73% | | | | one of the only misdemeanor crimes police may |
| of all Texans feel that domestic violence is a serious | | | | make an arrest with only probable cause. Courts in |
| problem in the state and 74% of the respondents | | | | Texas also tend to be cautious in these cases and |
| said that either they themselves or a friend or family | | | | may issue orders of protection for the victim. This |
| member have been a victim of domestic violence. | | | | means that the arrested party may not have any |
| During that year there were 187,811 domestic | | | | contact with the family member which may prevent |
| violence incidents reported with 11,996 adults and | | | | them from returning home. In Texas charges can be |
| 17,105 minors required shelter. | | | | brought against an offender even if the victim |
| The Texas Penal Code uses guidelines for domestic | | | | chooses not to press charges. |
| violence that are identical to simple assault. A person | | | | When convicted of domestic assault for the first |
| can be found to have committed an assault if they | | | | time a sentence may include 1 year in a country jail |
| intentionally, knowingly or recklessly threaten to | | | | and a fine of up to $4,000. The judge may require |
| cause or actually cause bodily injury to another | | | | counseling and a probation period. A second |
| person. Additionally assault can be charged if a person | | | | conviction is considered a 3rd degree felony and may |
| intentionally or knowingly causes physical contact with | | | | include between 2 and 10 years in a state |
| another person if they know or should reasonably | | | | penitentiary. The judge may also order counseling and |
| believe that the other would find the contact | | | | large fines. After a prison sentence has been |
| offensive or provocative. When a weapon is used or | | | | completed there will be a parole period. A person |
| serious injury occurs during these incidents a charge | | | | convicted of assault charges may also be required to |
| may be increased to aggravated assault. Under | | | | pay the victim's legal fees. |
| Texas law these assault charges are considered | | | | Protective orders may also be issued after a |
| domestic violence if the victim is a family member, a | | | | conviction which may bar contact from a victim for |
| former spouse, someone whom you share a | | | | up to 2 years. Restrictions on the ability to own a |
| romantic relationship or who shares parenthood of a | | | | firearm for up to 5 years are also placed on anyone |
| child. | | | | convicted of domestic assault in Texas even if it is at |
| Domestic assault charges in Houston are a | | | | the misdemeanor level. |
| misdemeanor for a first time offender under Texas | | | | |