How Can I Be Charged with Family Violence If the Person Was Not a Family Member?

Being charged with family violence in Texas is a serious and often confusing experience—especially when the alleged victim is not a spouse, relative, or even someone you consider part of your “family.” Many people are stunned to learn that under Texas law, you can be arrested, charged, and even convicted of “family violence” based on an altercation with someone you were never married to, never lived with, and may not even have been dating at the time.

If you're asking, "How can I be charged with family violence if the person wasn't a family member?"—you are not alone. The answer lies in how Texas defines "family" and "household" under the law, and the broad scope of Chapter 71 of the Texas Family Code.

Texas Law Broadly Defines "Family" and "Dating Relationships"

Under Texas Family Code § 71.004, family violence is not limited to spouses or blood relatives. The law defines “family violence” as:

• An act by a member of a family or household against another member of the family or household,

• Intended to result in physical harm, bodily injury, assault, or a threat that reasonably places the person in fear of imminent harm.

But it doesn't stop there.

The term “family” includes:

• People related by blood or marriage (e.g., siblings, in-laws)

• Former spouses

• Parents of the same child, whether or not they ever lived together

The term “household” includes:

• Anyone who currently or previously lived in the same dwelling, regardless of relationship

And critically, Texas law adds a third category: “dating relationships.”

Under Texas Family Code § 71.0021, a “dating relationship” means a continuing relationship of a romantic or intimate nature. This means someone can accuse you of family violence even if you never lived together or got married—if you dated, even briefly, that might be enough.

In short: you can be charged with family violence in Texas even if the alleged victim was not a traditional family member.

Real Examples of “Family Violence” Cases Without a Family Member

Consider these scenarios, all of which can lead to family violence charges under Texas law:

• A heated argument with an ex-girlfriend turns physical or involves threats. You never lived together, but you went out for a few months.

• You get into a fight with your roommate. Even though there is no romantic or blood relationship, Texas still sees this as household violence.

• The parent of your child accuses you of assault during a custody exchange. Even if you were never married, this still qualifies as family violence.

In all these examples, the criminal charge can be “Assault – Family Violence,” even though the victim may not be what most people would consider a family member.

Why It Matters: Consequences of a Family Violence Allegation

In Texas, family violence accusations carry much harsher consequences than a standard assault charge:

• Protective Orders: Judges can impose emergency protective orders that bar you from your home, your kids, and even your firearms—even before you're convicted.

• Gun Rights: A conviction for family violence—even a misdemeanor—results in a lifetime federal firearm ban.

• Permanent Criminal Record: A family violence conviction cannot be sealed or expunged under Texas law, even for first-time offenders.

• Employment and Housing: Many employers and landlords refuse to work with anyone convicted of domestic violence.

• Child Custody: Judges can consider family violence allegations when determining custody and visitation rights, even if the criminal case is dismissed.

The stakes are incredibly high, and the label “family violence” adds a social stigma that can be difficult to erase—even if you are innocent.

Common Defenses in Non-Family Family Violence Cases

If you're facing a family violence charge involving someone who isn't a family member in the traditional sense, the good news is that you may have powerful legal defenses.

Here are a few of the most common strategies we use at Texas Defenders when fighting these charges in Dallas, Tarrant, or Collin Counties:

• Challenge the Relationship: We scrutinize whether the alleged relationship qualifies as “dating” or “household” under the Family Code. If not, the charge may not qualify as family violence.

• Self-Defense: If you were protecting yourself from harm, Texas law allows for the use of reasonable force.

• Lack of Injury or Threat: The state must prove not only contact but that the contact was intentional and caused harm or fear of imminent harm.

• False Allegations: In emotionally charged breakups or custody battles, it's not uncommon for someone to fabricate or exaggerate an incident to gain leverage.

• Lack of Evidence: Police often arrest based on a single statement, with no physical evidence, witnesses, or bodycam footage.

Why You Need a Criminal Defense Attorney Immediately

If you're charged with family violence in North Texas—especially involving someone you didn't think could legally count as “family”—it's critical to speak with an experienced defense attorney as soon as possible. Even a Class A misdemeanor can carry up to a year in jail and a $4,000 fine, not to mention lifelong consequences on your record.

At Texas Defenders, we have successfully represented hundreds of clients accused of family violence across Dallas County, Tarrant County, and Collin County. We understand the nuances in the law and how to build the strongest possible defense in these emotionally complex cases.

How We Can Help

• Immediate Case Evaluation: We will help you understand whether the alleged relationship meets the definition required by law.

• Protective Order Defense: We represent clients at protective order hearings and fight to keep you in your home and protect your rights.

• Trial-Ready Strategy: We prepare every case like it's going to trial. That pressure can often lead to a dismissal or favorable plea before you ever set foot in a courtroom.

• Sealing and Expunction Guidance: If your case is dismissed, we can help you take the next steps to clean up your record.

Conclusion: Don't Let the Label “Family Violence” Define You

Just because you are accused of assault doesn't mean it should automatically carry the weight and consequences of a family violence charge. If the alleged victim was not a family member or someone with whom you had a clear qualifying relationship, you may have grounds to challenge the charge altogether.

Let us help you fight back. The sooner you act, the more options you have.