Domestic violence is considered a crime in the state of Texas and it is applicable to any acts of violence committed against any member of a family, a household, or someone who the offender is dating or have dated in the past. These include:
- Current or past spouse
- A person with whom the offender lives with
- A member of the family, whether by blood, adoption, or marriage
- A child of a past or current partner
- Someone whom the offender has a child (or children)
- The offender’s foster parent or foster child
- Anyone with whom the offender has a present romantic relationship or is currently dating
The state of Texas recognizes three types of domestic violence: domestic assault, aggravated domestic assault, and continuous violence against the family. According to the Texas Penal Code § 22.01., anyone can be guilty of domestic assault when they (1) threatening another person with impending physical harm intentionally or knowingly, (2) knowingly or intentionally committing physical contact a person with whom the offender reasonably is aware that the victim would find offensive or provocative, and (3) causing physical injury to a person intentionally, knowingly or recklessly.
Kyle Sampson Law explains on its website that a person can be charged with a Class A misdemeanor for domestic assault if he or she does not have any prior domestic assault convictions, and they can be charged with a third degree felony when they have been convicted of domestic assault in the past.
Reckless acts account for accounts for anything that is not intended to cause harm but was done without regard of the other person’s safety. Likewise, a provocative or offensive physical contact constitute to an act that does not necessarily cause physical pain or injury to the victim but has upset or left caused a feeling of being violated.