Spousal Abuse Laws in Texas (2026): What You Actually Need to Know
Most people think spousal abuse only counts if someone gets physically hurt. But in Texas, that’s only part of the story. The law covers so much more than that. Here’s what actually matters.
You could face serious jail time, hefty fines, and a permanent criminal record. But more importantly, you need to understand exactly what counts as abuse under Texas law. Let’s break it down clearly.
What Is Spousal Abuse?
Texas law defines spousal abuse as an act of family violence involving your spouse or former spouse. Think of it as protecting people in intimate relationships from harm.
Family violence isn’t just about physical fights. It includes threats, intimidation, emotional harm, and controlling behavior. Basically, anything that makes your spouse feel scared or unsafe can count. The law gets pretty specific about what’s illegal.
Okay, here’s where it gets important. Spousal abuse can happen to anyone. Men, women, same-sex couples. Texas recognizes family violence across all relationships. You’re not alone if you’ve experienced this. Lots of people deal with it, and the law takes it seriously.
Physical Violence Laws in Texas
What Counts as Assault
Physical contact is the most obvious form of abuse. But here’s the thing: you don’t even need to cause an injury. Texas law makes it illegal to intentionally cause physical contact that’s rude or angry. Pushing, shoving, hitting, or throwing things all count.
Even if the other person wasn’t injured, you could still face charges. The law cares about the contact itself, not just the damage. This surprises a lot of people.
You could also be charged for threatening violence. Making threats to hurt your spouse is illegal, even if you never touch them. Holding up your fist and saying “I’m gonna hit you” is a crime. The threat alone matters.
Injury-Based Charges
Now it gets more serious. If you actually hurt your spouse, the charges get worse. Causing visible injuries bumps up the severity. Broken bones, cuts, or bruises lead to more serious charges and worse penalties.
The Texas Penal Code recognizes different levels. Simple assault is the least serious. Aggravated assault involves a weapon or serious injuries. That’s way more severe.
Non-Physical Abuse Laws
Threats and Intimidation
Here’s where a lot of people get caught off guard. You don’t need to touch someone to commit spousal abuse. Threatening them works just fine for a criminal charge.
Threatening to hurt your spouse is a crime. Threatening to hurt yourself to control them is also illegal. Even threatening to call immigration authorities or take away kids can count. The law looks at whether the threat controls or scares the other person.
Intimidation works similarly. Making your spouse too scared to leave the house qualifies. Blocking the door or following them around counts too. These actions control through fear.
Emotional and Psychological Abuse
Wait, it gets more serious. Texas recognizes emotional abuse as family violence. Constant insults, humiliation, or isolation tactics are crimes. Making someone feel worthless or unworthy of help qualifies.
This part can be trickier to prove than physical violence. But courts take it seriously. Patterns of emotional control and harm lead to convictions and jail time.
Controlling someone’s finances, communications, or relationships is abuse. Telling your spouse they can’t work, see friends, or talk to family is criminal behavior. Courts view this as isolating the victim.
Stalking and Harassment
Following your spouse around or monitoring their every move is stalking. Installing tracking apps without consent counts too. Repeated contact after being told to stop is harassment.
Even if you’re married or living together, this behavior is illegal. You don’t have the right to track someone’s location or control their movements. Courts take this seriously.
Restraining Orders and Protection Orders
When Courts Get Involved
If your spouse gets scared enough, they can ask the court for protection. This is called a protective order or temporary restraining order. Courts can issue these pretty quickly.
A protective order tells you to stay away. It might say you can’t contact your spouse, come near their house, or go to their workplace. Breaking a protective order is itself a crime. That’s separate from the abuse charge.
Courts can order you to give up weapons. They can mandate counseling. They can restrict your custody rights. These orders are serious business.
What Breaking an Order Means
Violating a protective order brings additional criminal charges on top of the original abuse charges. You’re looking at extra jail time and extra fines. Judges take violations very seriously.
One text message counts as a violation. One drive-by their house counts. One appearance at their workplace counts. There’s basically no flexibility here.
Texas Spousal Abuse Penalties
Jail Time and Criminal Records
Simple assault charges can land you in jail for up to 90 days. That’s three months in county jail. For a first offense, judges sometimes offer probation instead. But you still get a conviction on your record.
Assault causing bodily injury bumps you up to six months in jail. That’s way worse. Now you’ve got a more serious conviction following you.
Aggravated assault with a weapon or serious injury? That’s one to five years in prison. You’re talking about felony charges now. This isn’t county jail time. It’s state prison. Your life changes dramatically.
Fines and Costs
Expect to pay money. Lots of it. Simple assault can result in fines up to $500. That sounds small until you add in court costs, attorney fees, and other expenses.
Bodily injury cases jump to fines up to $2,000. Aggravated assault fines reach $10,000. You’re also paying for court-ordered counseling, anger management classes, and probation fees.
Then there’s the personal cost. You might lose your job. Custody battles get expensive. Your reputation takes a hit. The financial damage goes way beyond the fine.
Long-Term Consequences
Here’s the part most people don’t think about. A spousal abuse conviction stays on your record forever. It comes up on background checks. Employers see it. Landlords see it. Dating prospects see it.
Some jobs are simply off limits. Law enforcement, healthcare, education fields often reject applicants with assault convictions. Teaching your kids could become impossible. Custody gets restricted or eliminated.
Immigration status takes a hit too. If you’re not a U.S. citizen, a conviction can lead to deportation. That’s game over for your life here.
Gun rights disappear. You lose your right to own firearms. If you hunt or work in a field that requires weapons, you’re out of luck.
Recent Changes to Texas Laws
Texas updated family violence laws in 2023. The changes made several things stricter. Protective orders now last longer. Courts have more power to restrict accused abusers.
Stalking and harassment charges expanded in 2024. The definitions got broader. Electronic harassment through texts, emails, or social media now carries harsher penalties.
Texas also enhanced victim protections. Victims can get workplace protections and school safety orders. The system is shifting to better protect people experiencing abuse.
Special Circumstances and Defenses
Self-Defense Claims
Here’s one that comes up a lot. Can you claim self-defense? Sort of, but not really. The law allows self-defense if you reasonably believed force was necessary to protect yourself from harm.
But here’s the catch. If you’re the aggressor, self-defense doesn’t apply. If you started the fight, you can’t suddenly claim self-defense when the other person fights back.
Judges look at who started things and whether your response was proportional. If your spouse pushed you and you broke their arm, that’s probably not proportional. Courts take a dim view of that.
Duress as a Defense
Duress means someone forced you to act. That’s nearly impossible to prove in spousal abuse cases. Courts basically reject this defense except in extremely rare situations.
The reason? You can leave. You can separate. You can get help. Courts assume you had options. They don’t believe you had “no choice” to abuse your spouse.
Lack of Intent
Some people claim they didn’t mean to hurt anyone. That their actions were accidental. Texas doesn’t really accept that.
The law looks at whether you intentionally caused contact or intentionally made threats. You don’t have to intend injury. You just have to intend the contact or threat itself. Accidental injuries don’t help your case.
Differences Between Criminal and Civil Cases
Criminal Cases
Criminal charges mean the government is prosecuting you. They prove guilt beyond a reasonable doubt. A conviction means jail time and a criminal record. Only the government can decide to press charges.
But here’s the thing. Even if your spouse wants to drop charges, the prosecutor often won’t. They pursue cases based on evidence, not the victim’s preference. It’s technically not your spouse’s choice.
Protective Order Cases
Civil protective orders are different. Your spouse (or ex-spouse) files in civil court. The judge decides whether to issue an order. This is separate from criminal prosecution.
You can get a protective order without any criminal charges. You can have a protective order and criminal charges. They operate independently. Violating one brings criminal penalties even if the original case goes nowhere.
If You’ve Been Accused
Immediate Steps to Take
First, don’t contact the person who accused you. Seriously. Not a text, not through a friend, not anything. Even trying to apologize or explain gets you in more trouble.
Get a lawyer immediately. This is not the time to go it alone. A criminal defense attorney knows Texas law inside out. They protect your rights from the very first moment.
Don’t talk to police without your lawyer present. Police are trained to get you to say incriminating things. Your words get twisted and used against you. Stay quiet until your lawyer is there.
Getting a Lawyer
Find a criminal defense attorney who handles family violence cases. They understand the system. They know how judges in your county handle these cases.
If you can’t afford one, you qualify for a public defender. Ask for one during your first court appearance. They’re actual lawyers, not miracles, but they help.
Expect to pay $1,000 to $5,000 for a decent lawyer, maybe more for complex cases. This is your future. It’s worth the investment.
If You’re Experiencing Abuse
Immediate Safety
Your safety comes first. If you’re in immediate danger, call 911. That’s not weakness or overreacting. That’s survival.
Get to a safe place. Leave if possible. Go to a friend’s house, family member’s place, or a shelter. Don’t worry about your stuff. Don’t worry about the relationship. Get safe.
Getting Help
Texas has tons of resources. The National Domestic Violence Hotline is 1-800-799-7233. They’re free, confidential, and available 24/7. Call them anytime.
The Texas Advocacy Center for Domestic Violence has local resources. The National Resource Center on Domestic Violence helps too. These organizations understand what you’re going through.
Contact your local police department. File a police report. Getting documentation starts the legal process. This creates a record of what happened.
Legal Protection Options
Contact the courts about a protective order. You can file in family court or district court. The process is relatively fast. Courts often issue temporary orders the same day.
A protective order gives you legal protection. Your abuser has to stay away. Breaking the order is a crime. It puts teeth into your protection.
Get a lawyer. A family law attorney helps you navigate protective orders and custody issues. Legal aid organizations provide free or low-cost help based on income.
Frequently Asked Questions
Can my spouse drop abuse charges? Technically no. The prosecutor decides whether to pursue charges, not your spouse. Even if your spouse wants to drop it, they probably can’t. The state cares about protecting victims, not victim preferences.
What if I was defending myself? Self-defense requires that you didn’t start the fight and your response was reasonable. If you threw the first punch, self-defense probably won’t work. Courts examine who started things and whether your response was proportional.
Does spousal abuse require physical contact? No. Threats, intimidation, and emotional abuse all count. You can be convicted of spousal abuse without ever touching someone. The threat or scare tactic alone is enough.
What’s the difference between assault and aggravated assault? Assault is intentional harmful or offensive contact. Aggravated assault uses a weapon or causes serious injury. Aggravated assault carries much harsher penalties, up to 5 years in prison instead of 6 months.
Can a protective order lead to criminal charges? Not directly. A protective order is civil. But if you violate it by contacting your spouse, you face criminal charges. That violation is its own separate crime.
How long does a protective order last? Temporary orders last up to 14 days usually. Final protective orders last two years. After two years, your spouse can renew it if needed. Some cases get permanent orders.
Can I get custody of my kids if accused of spousal abuse? It depends. Courts look at family violence very carefully in custody decisions. A conviction or protective order strongly influences custody. You might lose custody or get supervised visits only.
Will this show up on job applications? Yes. Criminal convictions show up on background checks. You have to disclose them. This affects employment in law enforcement, teaching, healthcare, and many other fields.
Is there anger management or counseling instead of jail? Sometimes. Courts offer diversion programs for first-time offenders. You complete counseling and anger management, charges get dropped. But it’s up to the judge and prosecutor.
What if both people in a fight get hurt? Both could face charges. Texas doesn’t have a “mutual combat” defense. If you both intentionally hurt each other, you can both be arrested. Fighting back doesn’t excuse your own actions.
Final Thoughts
Texas takes spousal abuse seriously. Very seriously. The law protects intimate partners from all kinds of harm, from physical violence to emotional control. If you’re accused, you need a lawyer immediately. If you’re experiencing abuse, you deserve protection and help.
The laws here are designed to keep people safe. Whether you need protection or you’re facing charges, understanding these laws matters. Don’t guess about this stuff. Look it up. Talk to a lawyer. Get professional help.
Your future literally depends on getting this right.
References
Texas Penal Code Section 22: Assault
Texas Family Code Chapter 71: Family Violence
Texas Judicial Branch: Protective Orders
National Domestic Violence Hotline
Texas Advocacy Center – Domestic Violence Resources