For domestic violence claims to be prosecuted in Texas, prosecutors must prove that the defendant’s actions were intentional. Evidence may be provided if actual bodily injury occurred. Texas domestic violence laws apply to anyone living permanently in the household and those related by affinity or blood.
Some defenses against domestic violence charges in Texas include lack of knowledge, self-defense, or an unintentional or accidental act. Also, in the case of fraudulent abuse claims, the defendant can challenge that an offense never occurred, and then the burden of proof shifts to the prosecution to prove their case.
The penalties for domestic violence convictions range from a Class C misdemeanor to second-degree felony. Factors influencing sentencing include the defendant’s relationship with the victim, past convictions, the type and circumstances of the violence, and whether strangulation or suffocation was involved.
Texas recognizes individuals who are in dating relationships, married, related by blood, children including foster children, and anyone living in the same house as domestic partners. Victims of domestic abuse should contact the local police for help. A person accused of domestic violence can contact a San Antonio family violence lawyer for help. State laws are in place to protect the rights of victims and against false claims.