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