What Constitutes Domestic Violence?

“Domestic violence” has a specific definition in Texas.

The changing face of the American family over the past several years has affected the definition of domestic violence in Texas. But one thing has not changed. Up to a third of domestic violence allegations are exaggerated or fabricated. Usually, this exaggeration or fabrication is unintentional. But our minds aren’t tape recorders. We remember things selectively. Other times, it is a form of abuse. False accusations allow abusers to further manipulate, control, and maintain power over their partners.

The high prevalence of false allegations underscores the need for a Fort Worth criminal defense lawyer in these matters. Domestic violence cases do not hold up in court unless alleged victims provide credible testimony in court, at least in most cases. So, undermining the alleged victim’s testimony without attacking the alleged victim is usually the best defense in these cases. This line is a very fine one, and only the best Fort Worth criminal defense lawyer can walk this tightrope.

“Domestic” in Texas

Almost all domestic violence cases in Texas involve people who are related by blood or marriage (spouse, mother, father, stepfather, stepmother, brother, sister, children, grandparent, etc.).

The second category is people you’re currently dating or have dated in the past. A fiancé, ex-boyfriend, or ex-girlfriend (no matter when the relationship ended) is a family member. Texas law is unclear how many times you need to date someone to be considered to have a “dating relationship,” which is defined as a “continuing relationship of a romantic or intimate nature.” One date probably isn’t enough, but two or three might be.

On a related note, “friends with benefits” is a qualifying relationship if the two people have sex on a regular basis.

The third category of family members is members of your household, that is, people who live or used to live in the same house or apartment with you but who are not related to you.

These relationships could include roommates or perhaps extended family members, such as in-laws, living in the same house.

Once again, Texas law is unclear as to how long a person has to live with you to be considered a household member. And, while the law considers people who used to live with you as household members, such cases are extremely rare.

“Violence” in Texas

Once again, ordinary assault cases make up almost all domestic violence matters in Tarrant County. Basically, ordinary assault is battery (a harmful or offensive touch) that causes injury. That injury could be very slight, like a red spot. However, the more severe the injury, the easier it is to prove intent.

Incidentally, a spouse cannot “drop” criminal domestic violence charges against another spouse. In these cases, the alleged victim is simply a material witness.

Stalking is an example of a non-violent domestic violence case if that makes any sense. Stalking does not involve physical injury, but it involves emotional injury, which, in many cases, is worse than a physical injury.

All domestic violence cases usually have criminal and civil consequences. Generally, police officers must inform alleged victims of their right to request protective orders, provide them with filing resources, and, in some cases, file civil complaints.

Work With a Tough-Minded Tarrant County Lawyer

Criminal offenses have serious direct and collateral consequences. For a confidential consultation with an experienced criminal defense attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Virtual, home, and jail visits are available.