Domestic violence laws are often associated with physical injuries or harm. However, in Texas, domestic violence charges can apply even in situations where no physical contact or injury occurs. If you are facing a domestic violence charge without any physical harm being involved, you may be wondering how this is possible and what legal consequences can result. This page explains how Texas law handles domestic violence and the circumstances under which a person can be charged even without physical contact.
When you choose McCarty-Larson, you're choosing a legal team that will stand by you every step of the way.
Understanding Domestic Violence in Texas 
Under Texas law, domestic violence, or “family violence,” includes acts of abuse against a family member or household member. While physical abuse like hitting, slapping, or pushing is often the first thing people think of when it comes to domestic violence, the law also includes non-physical forms of abuse. Domestic violence can take many forms, including emotional, psychological, or verbal abuse, and in some cases, you can be charged for behaviors that do not involve physical contact.
Emotional Abuse and Threats in Domestic Violence Cases
In Texas, emotional and verbal abuse can be considered as severe as physical abuse under certain conditions. If someone uses threats of harm, intimidation, or manipulative behavior to control or coerce another person, this could be considered domestic violence. For instance, if a person threatens to hurt a family member or spouse and makes them fear for their safety, it could be classified as domestic violence even if no physical harm occurs.
Texas law recognizes that threats of violence can cause psychological damage, and the victim’s fear of harm is enough to support a charge. Threatening someone with harm in any form – whether verbal or through gestures – can lead to criminal charges under the category of domestic violence, especially if the threats lead to a sense of terror or create an ongoing fear of harm.
Coercive Control and Domestic Violence
Coercive control is another aspect that can lead to domestic violence charges without any physical abuse. This refers to controlling or manipulative behaviors that restrict a person’s freedom or autonomy. Coercion can involve isolating the victim from family and friends, controlling their finances, or dictating where they go and who they interact with.
In Texas, coercive control is recognized as a form of family violence, and a person can be charged even without physical violence occurring. These non-violent actions can be just as damaging as physical harm and are punishable under domestic violence laws.
The Role of Stalking in Domestic Violence Charges
Stalking is another form of behavior that may lead to domestic violence charges in Texas, even without physical contact. Stalking involves persistently following, watching, or harassing another person, and it can cause the victim to fear for their safety.
In Texas, stalking is considered a criminal offense under the family violence statute, and a person can face criminal charges for engaging in stalking behavior, even if there is no direct physical violence. If a person continually makes unwanted contact or monitors the victim’s activities, the emotional distress caused by the stalking can lead to a domestic violence charge.
Robin McCarty worked diligently with me to overcome a serious accusation. We collaborated together to unequivocally dismiss the charges with impunity. As is common when dealing with municipalities, this process took time and patience. Robin’s team was communicative, responsive and thoughtful while handling this intense situation. I highly recommend giving McCarty-Larson the opportunity to work through your case. - Pablo Valdes They help me through my divorce last year. It’s not easy mentally and physically but they had Great customer service any and every questions I had they answered my questions walk me through the whole process thank you and your team for all y’all did for me . What are you waiting for just call and see for yourself - Aaron Herrera From the first phone call late on a Friday afternoon to the successful out come of our legal issue, our family has had nothing but praises for the entire staff at McCarty-Larson. Always available, honest and upfront about the whole process. Mr. McCarty is an experienced and knowledgeable attorney with whom we always felt secure. And he genuinely cared about our family member. Robin and Natalie are a great team. Hayley was always very helpful too. Thank you to the entire staff and firm. - Neil Phillips I had seen a few lawyers who made me feel humiliated to file bankruptcy, but as soon as I spoke to McCarty Larson I knew it was the right firm for me. They were so kind and made me feel at ease, everything was explained thoroughly in advance and the process went smooth, I needed to relieve the stressful situation of a bankruptcy. I could not ask for a better team (office personal is just as wonderful) May God Bless them they are truly there to help people in such a stressful time. - Marco & Linda They Made It Simple. I was lucky to have McCarty-Larson help me with my Chapter 7 bankruptcy and they made it so simple and their staff was fast as well. I will definitely refer them to my friends and people around me in case they need help. Great service, professional and fast! - Thi L. McCarty-Larson should be everybody's first choice when it comes to bankruptcy. They made the entire Chapter 7 bankruptcy process much less complicated. They were great at letting us know exactly what was needed and did a lot to relieve the stress of the situation. Their professionalism, communication, and support is top notch. - P.T.
What Happens If You Are Charged with Domestic Violence in Texas Without Physical Contact?
If you are facing domestic violence charges in Texas without physical contact, the legal consequences can still be severe. Texas takes domestic violence seriously, and the state prosecutes a broad range of behaviors under this charge. If convicted, you may face penalties that include fines, imprisonment, mandatory counseling, and a protective order that could affect your personal life and family relationships.
Moreover, a domestic violence conviction can have long-term consequences, including damage to your reputation, loss of custody rights, and difficulties finding housing or employment.
What Should You Do If Accused of Domestic Violence Without Physical Contact?
If you have been accused of domestic violence in Texas, whether or not physical contact occurred, it’s crucial to seek legal help immediately. A skilled criminal defense attorney can evaluate the facts of your case, challenge the evidence, and work to protect your rights. It’s important to remember that accusations of domestic violence are serious and can carry significant consequences, even if no physical harm occurred.
If you are involved in a domestic dispute or have been accused of domestic violence, contacting McCarty-Larson, PLLC, a law firm experienced in family violence cases in Texas, can help you understand your options and take steps to protect your future.
How Does Texas Define “Family Violence”?
Under Texas law, the term “family violence” extends beyond just physical harm. The law also encompasses emotional and psychological abuse. For example, if a person repeatedly belittles, threatens, or emotionally manipulates their partner, this can be seen as family violence. In Texas, family violence is any act or threatened act by a family or household member that causes harm or threatens to cause harm to another family or household member. The definition is broad, allowing the legal system to take action in cases where someone feels threatened or is being psychologically manipulated, even in the absence of physical violence.
Legal Protection for Victims of Domestic Violence Without Physical Harm
In Texas, victims of domestic violence, whether physical or emotional, are entitled to protective orders. These orders can restrict the abuser from making contact with the victim, entering their home, or communicating in any way. A protective order is a powerful legal tool that ensures the safety of the victim, and it can be issued even without physical harm occurring.
Additionally, Texas law allows for temporary custody changes in family law cases if there is evidence of domestic violence, including emotional abuse or threats. For example, if one parent is found to have been threatening the other with harm or using coercion, this could lead to a change in the custody arrangement. The court may prioritize the safety and emotional well-being of the child, especially when the child’s exposure to threats or emotional distress is evident.
In Texas, domestic violence charges are not limited to cases of physical injury or assault. Emotional abuse, threats, and coercive control can also result in criminal charges, even if no physical contact occurs. If you have been accused of domestic violence, it’s important to seek legal representation to navigate the legal system and ensure the best possible outcome for your case.
For assistance with a domestic violence case in Texas, contact McCarty-Larson, PLLC, today for a free consultation.
Disclaimer
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.