When most people hear “family violence,” they picture physical altercations—hitting, pushing, or visible injuries. But in Texas, the legal definition of family violence extends far beyond physical contact. What some might dismiss as “soft” violence—verbal threats, emotional manipulation, or seemingly minor incidents—can trigger the same devastating legal consequences as a physical assault.
The law doesn’t distinguish between a bruise and a threat that instills fear. Under Texas Family Code § 71.004, family violence includes acts “intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault” .
If you’re facing accusations of family violence—even ones you believe are exaggerated or misinterpreted—you need to understand just how serious the stakes are. A conviction, or even an affirmative finding of family violence, can permanently alter your life.
What Qualifies as “Soft” Family Violence?
“Soft” family violence isn’t a legal term, but it describes the types of conduct that don’t leave physical marks but still meet the statutory definition. These cases often catch defendants off guard because they don’t involve physical injury.
Common examples include:
- Verbal Threats: Telling a family member “I’m going to hurt you” or “You’ll regret that” can constitute family violence if the threat places them in reasonable fear of imminent harm. You don’t have to touch anyone.
- Intimidation Through Actions: Blocking a doorway, standing over someone in a threatening manner, or throwing objects near a person (even if not hitting them) can all be interpreted as assaultive conduct.
- Harassing Communication: Repeated texts, calls, or social media messages designed to instill fear or distress can be part of a family violence pattern.
- Property Destruction: Breaking items in the home during an argument, even if not directed at a person, can be evidence of violent intent.
- Coercive Control: Isolating a partner from friends and family, controlling their finances, or monitoring their every move—while not always criminal alone—can support family violence allegations when combined with other conduct.
The key element is fear. If the alleged victim reasonably fears imminent physical harm, the legal threshold for family violence may be met—even without a single physical touch .
How “Minor” Incidents Become Major Charges
What you might consider a “heated argument” can quickly escalate into criminal charges. Here’s how it happens:
- The Call to Police: A neighbor hears yelling and calls 911. Or the other party in the dispute calls out of fear or anger.
- Police Response: Officers arrive and assess the situation. They look for signs of disturbance: overturned furniture, visible distress, or statements from the alleged victim.
- The Dominant Aggressor Determination: Texas law requires officers to identify a “dominant aggressor.” This doesn’t always mean the person who threw the first punch—it can be the person whose actions created the most fear.
- Arrest and Charges: Even without visible injuries, if the alleged victim expresses fear and the officer believes probable cause exists, an arrest follows.
Once arrested, you’re processed, booked, and facing the same system as someone accused of violent physical assault.
The Continuous Violence Trap
Under Texas Penal Code § 25.11, prosecutors can charge “Continuous Violence Against the Family” when there are two or more assaultive incidents within a 12-month period against a family or household member or dating partner .
This is where “soft” incidents become especially dangerous. Multiple minor incidents—each perhaps not serious standing alone—can be combined to create a third-degree felony charge, punishable by 2 to 10 years in prison and a fine up to $10,000 .
Critically, the jury does not have to agree on which specific acts occurred, only that at least two assaults happened within the 12-month period. Prior incidents that never resulted in charges can still be used .
This statute was designed to address patterns of abuse, but it can also trap individuals in cycles of accusations where every past argument becomes evidence of a “pattern.”
The Life-Altering Consequences of Any Family Violence Finding
Whether your case involves physical violence or “soft” allegations, an affirmative finding of family violence carries the same severe, permanent consequences:
- Lifetime Federal Firearm Ban: Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition. This applies regardless of whether your sentence involved jail time .
- No Record Sealing: Offenses involving family violence are not eligible for non-disclosure under Texas Government Code § 411.081(i). Your record will remain permanently public, visible to employers, landlords, and anyone conducting a background check .
- Enhanced Penalties for Future Offenses: A prior family violence finding enhances subsequent offenses to felonies .
- Immigration Consequences: For non-citizens, family violence convictions can trigger deportation proceedings or bar naturalization.
- Child Custody Impacts: Family courts view domestic violence findings extremely negatively in custody and visitation determinations .
Defending Against “Soft” Family Violence Allegations
Because the consequences are so severe, your defense must be aggressive and strategic from the very beginning.
Challenging the Fear Element
The state must prove the alleged victim’s fear was reasonable and that you intended to cause that fear. Defenses may include:
- The alleged victim’s fear was exaggerated or unreasonable under the circumstances.
- Your words or actions were misinterpreted.
- The alleged victim has a motive to lie (custody disputes, divorce proceedings, resentment).
Self-Defense and Defense of Others
The Family Code explicitly excludes “defensive measures to protect oneself” from the definition of family violence . If you were protecting yourself or someone else from immediate harm, this is a complete defense.
Lack of Intent
Was there proof you intended to cause fear or harm? Arguments can escalate, and words said in anger may not reflect a criminal intent to threaten.
Challenging the Pattern in Continuous Violence Cases
If charged under § 25.11, we scrutinize each alleged incident:
- Did they actually occur?
- Are there independent witnesses or evidence?
- Were prior incidents ever reported, and if so, what was the outcome?
- Can the state prove the incidents happened within the 12-month window?
Family Violence FAQs
Can I be charged with family violence if no one was hurt?
Yes. Physical injury is not required. Threats that place someone in reasonable fear of imminent harm are sufficient under the statute .
What if the alleged victim wants to drop the charges?
The decision to prosecute ultimately belongs to the State. While the alleged victim’s wishes may be considered, the district attorney’s office can and often does pursue charges regardless.
Is this always a misdemeanor?
Not necessarily. A first offense is typically a Class A misdemeanor. However, if there’s a prior family violence finding, if the offense involved impeding breathing (strangulation), or if you’re charged with Continuous Violence Against the Family, the charge becomes a felony .
Plano Family Violence Defense Attorney
At Starr Law, P.C., we understand that family violence allegations—even those you consider exaggerated or completely false—carry the same devastating potential as the most serious violent crimes. A conviction or affirmative finding means losing your firearm rights forever, having a permanent public record, and facing enhanced penalties for the rest of your life.
We don’t dismiss “soft” allegations as minor. We fight them with the same intensity as any felony charge because the consequences are just as severe. With vast experience defending family violence cases in Collin County, we know how to challenge the evidence, cross-examine witnesses, and build a defense aimed at one goal: avoiding that affirmative finding.
Your future, your rights, and your reputation are on the line. The time to fight is now.
Contact Starr Law, P.C. immediately for a confidential consultation. We are available 24/7. Call us at 214-982-1408.
References
- Texas Family Code, Section 71.004 (Definition of Family Violence)
- Texas Penal Code, Section 25.11 (Continuous Violence Against the Family)
- Texas Penal Code, Section 22.01 (Assault)
- 18 U.S.C. § 922(g)(9) (Lautenberg Amendment)
- Texas Government Code, Section 411.081(i) (Non-disclosure eligibility)
