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