A domestic violence charge can follow you long after the case is resolved, impacting your career, personal relationships, and legal rights. In Texas, a conviction may lead to restrictions on firearm ownership, employment limitations, and difficulties securing housing. Even without a conviction, the stigma of a domestic violence accusation can create lasting challenges.
Criminal Penalties and Sentencing for Domestic Violence in Texas
A domestic violence charge in Texas can lead to serious penalties that affect your future. The severity of the charges depends on the circumstances of the incident, the extent of the injuries, and whether you have prior convictions. If you are convicted, you could face jail time, steep fines, and long-term restrictions on your rights.
Misdemeanor vs. Felony Domestic Violence Charges
Texas Penal Code § 22.01(a)(1) classifies domestic violence offenses as either misdemeanors or felonies, depending on the severity of the alleged harm. A Class A misdemeanor domestic assault charge applies when the victim suffers minor injuries or no visible harm. A conviction can result in up to one year in jail and a $4,000 fine.
Felony domestic violence charges carry much harsher penalties. If the victim suffers serious bodily injury or if the defendant has prior convictions, the charge can be elevated to a third-degree felony, punishable by 2 to 10 years in prison. More severe cases, such as those involving strangulation or the use of a deadly weapon, may result in second-degree or first-degree felony charges, leading to up to life in prison in extreme cases.
The Impact of a Domestic Violence Conviction on Future Opportunities
A domestic violence conviction can impact nearly every aspect of your life. Employers, landlords, and financial institutions may deny you opportunities because of your record. Even after serving your sentence, the long-term consequences can make it difficult to rebuild your future, such as:
- Difficulty finding employment
- Loss of housing opportunities
- Ineligibility for certain professional licenses
- Denial of federal student loans and financial aid
- Damage to your personal and professional reputation
These consequences do not go away once your sentence is served. Many employers conduct background checks that flag domestic violence convictions, making it harder to find stable work. Losing access to housing, education, or career opportunities can make it difficult to move forward with your life.
Firearm Restrictions for Domestic Violence Offenders
If you are convicted of domestic violence, you lose the right to own or possess a firearm under Texas Penal Code § 46.04(2)(b). This applies even to misdemeanor domestic violence convictions and remains in effect for five years after completing your sentence. Federal law imposes an even stricter lifetime ban on firearm possession for those convicted of domestic violence.
Violating these firearm restrictions can lead to additional criminal charges. Possessing a gun while under a firearm restriction can result in a third-degree felony, carrying up to 10 years in prison and a $10,000 fine. If you are caught with a firearm after a domestic violence conviction, you could face serious legal consequences beyond your original case.
Child Custody and Visitation Challenges After a Conviction
Texas family courts consider a history of domestic violence when making child custody decisions. An assault or domestic violence conviction may result in restricted visitation or complete loss of custody if the court believes the child’s safety is at risk. If there is evidence of ongoing violence or a protective order in place, supervised visitation may be the only option.
Protective orders can also limit parental rights. If the court issues a restraining order due to domestic violence, you may be prohibited from contacting the child or the child’s other parent. Even after serving your sentence, regaining full parental rights can be difficult, and you may need to go through extensive court proceedings to modify custody arrangements.