Family Violence Under Texas Law

Family violence also referred to his domestic violence, is defined by Texas statute as any act by one member of a family or household against another that results in harm to the victim. This can include physical or bodily harm, sexual assault, or any threat that places a victim in fear of imminent harm.

Family violence can also include dating incidents defined as any act by an individual that is intended to harm someone with whom the individual is in a dating relationship. The legal definition also includes child abuse and sexual abuse towards a child.

A victim of domestic or family violence can ask a court to issue a protective order that prevents continued abuse. To be eligible for such an order victim must be a family member, or be living with the abuser either currently or in the past, or must have a child with the abuser.

If a healthcare provider or other medical professional treats a person for injuries that he or she believes were caused by family violence they must take certain actions including giving the victim information regarding the nearest family violence shelter, record in the victim's medical records the reasons he or she believes the victim's injuries were caused by domestic violence, present the victim written notice in both English and Spanish explaining that family violence is a crime and that they have a right to file a criminal complaint and seek a protective order against the abuser. This notice must also include telephone numbers for local law enforcement.

Family violence can include weapons of any kind used to inflict harm on the victim including hands, feet, as well as knives, firearms and blunt instruments. In some cases domestic violence can also include forms of verbal and emotional abuse.

Family Violence (Family) in Texas Law

Criminal Procedure

Family+violence*

pertaining to family violence prevention, victims, protection from harm or abuse, family or household relationship, exceptions to official duties, duty to prevent commission of criminal offense, duties and peace officers, standby assistance, reports, records, do you prosecuting attorneys and courts, mediation and family violence cases, protective order prohibiting offense caused by prejudice, authority a peace officer, plea of guilty or nolo contendere and misdemeanor, impact on victims, evidence and prosecutions for murder, relevant expert testimony, trial, community supervision, child abusers and family violence offenders, battering intervention and prevention program, notice of release, family violence offender, notification court of family violence conviction, victim of assault or sexual assault younger than 17 years of age, notification to victim or witness a release or escape of defendant, definition of a child, limits on compensation, address confidentiality, stalking

Education Code

Family+violence*

pertaining to required curriculum

Family Code

Family+violence*

pertaining to information regarding protective orders, mediation procedures, waiting period, finding of family violence, eligibility for maintenance, court order, order of withholding, entitlement to protective order, fees and costs, attorneys fees, you may file an application, contents of application, application filed after dissolution of marriage, application filed for child subject to continuing jurisdiction, application for temporary ex parte order, exclusion of party from residents, required findings and orders, enforcement of counseling requirement, warning on protective order, injunction, reporting by witness, information provided by medical professionals, community, parent education and family stabilization course, social study evaluator, history of domestic violence, alternate dispute resolution

Government Code

Family+violence*

pertaining to judicial instruction, sexual assault, child abuse, victim of family violence, neglect, judicial training, protection for victims of family violence, priorities, judicial district, their county criminal court, travis county court, training related to family violence, space family protection fee, donation of reimbursement, additional fees in criminal or civil cases, bureau of identification and records, suspension of license, limitation of liability, executive commissioner, health and human services agencies, search for parent or guardian of a child, family violence shelter center, sexual assault program, family violence shelter, information maintained by shelter, redacted information

Health & Safety Code

Family+violence*

pertaining to vinyl health care issues, exemptions, soliciting in contracting with certain referral sources, unexpected death, establishment of review team, duties or presiding officer, access to information, meeting of review team, report of unexpected pathology, procedure in the event of reportable death, abuse, inquest, health care provider

Human Resource Code

Family+violence*

pertaining to healthy marriage development program, victims of family violence, family violence program, confidentiality of information, texas workforce commission, rules and standards, notification of family violence calls, information relating to family violence reports, family violence shelter, family violence services plan, contracts, expand existing center services, declining scale of state financial support, contract bids

Insurance Code

Family+violence*

pertaining to confidentiality of certain information, medical or claims personnel under contract, information about specific acts of family violence, health benefit plan, life insurer not liable for death or bodily injury, evidence of insurability

Labor Code

Family+violence*

pertaining to exclusions from chargebacks, involuntary separation, protective order, police record, position statement, medical documentation, leaving the workplace to protect an individual from family violence

Local Government Code

Family+violence*

pertaining to district responsibilities, limitations on expenditures

Occupation Code

Family+violence*

pertaining to school curriculum, continuing education programs, training for officers and recruits an investigation of cases of family violence, documentation of cases that involve child abuse or neglect

Penal Code

Family+violence*

pertaining to injury to a child, elderly individual, or disabled individual, victim of family violence, terroristic threat, violation of certain court orders or conditions of bond of family violence case

Property Code

Family+violence*

pertaining to occupancy limits, tenants right to summon police or emergency assistance, right to vacate and avoid liability, right to vacate and avoid liability related to military service

Tax Code

Family+violence*

pertaining to confidentiality of certain home address information, victim of family violence, confidentiality of violence shelter center and sexual assault program information

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